Terms and Conditions
Welcome to https://www.waysidegardens.com/. We are part of "J&P Park Acquisitions, Inc." which includes Park Seed, Wayside Gardens, Jackson & Perkins, Van Dykes Restorers, and From Seed to Spoon. The Following Terms and Conditions apply to all of our brands.
PLEASE READ the following Terms and Conditions carefully.
This website (the "Website" or "https://www.waysidegardens.com/") is provided by J&P Park Acquisitions, Inc. ("JPPA"), subject to these terms and conditions of use ("Terms and Conditions"). These Terms and Conditions apply to your access and use of this website, all other websites, mobile sites, services, applications, platforms, and other tools where these Terms and Conditions appear or are otherwise referenced, or for which no separate Terms and Conditions are provided as well as to your visits to or interaction with JPPA in any of our services elsewhere (collectively the “Website”). By using this Website, you, and your agents ("you" or "yours") are deemed to have agreed to these Terms and Conditions. You can return to this page to review the most current version of these Terms and Conditions at any time.
USE OF SERVICES
JPPA now offers or in the future may offer the following services as well as other additional services on any of our websites:
Products and services for sale
Newsletters, catalogs and other publications
Chat rooms and bulletin boards
Articles and other information of interest
Provide contest
Links to third party sites
As provided by JPPA, these functions are collectively referred to as the "Services". JPPA may alter, augment, or terminate the Services in whole or in part at any time and from time to time in its sole discretion. JPPA reserves the right to modify, deny or suspend the Services at any time with or without notice to you.
To use the Services, you will need access to the World Wide Web, and you must pay any fees associated with your use of such access and the Services you obtain. Of course, you will also need equipment and a modem or other access device. JPPA currently uses SSL technology on its Website to help protect information that passes over the Internet. You must have certain browser capability to take advantage of this encryption technology, which is currently included in versions 3 and higher of Microsoft Internet Explorer® and Netscape Navigator®.
REGISTRATION REQUIREMENTS
In order to obtain access to the non-public portions of the Website and certain Services, you must register with the site. Upon completion of registration, you will select a username and password. You agree that you will be responsible for maintaining your password as confidential and for any activity that occurs as a result of your enabling or permitting another person or entity to use your password. You agree to immediately notify JPPA in the event that (i) your password is lost or stolen, or (ii) you become aware of any unauthorized use of your password or of any other breach of security that might affect JPPA Services. JPPA is not responsible for any loss or damage arising from your failure to comply with the provisions of this section. Only authorized users are eligible to participate in certain Services offered on the Website.
TRADEMARK INFORMATION
The Park Seed, Wayside Gardens, Jackson & Perkins, Van Dykes Restorers, and From Seed to Spoon logos are trademarks of JPPA. Other trademarks are owned by and are used with the permission of their respective owners. You agree not to use or display trademarks without the prior written consent of JPPA or the owner of such marks.
WEBSITE CONTENT: COPYRIGHT
This Website contains information, trademarks, service marks, logos, copyrights and other content ("Website Content") owned by JPPA and third parties and is protected by the United States Copyright Act of 1976, as amended, and the copyright laws of other countries. Certain materials are used with permission of their respective owners. As between you and JPPA, JPPA is the sole owner of all Website Content. You may not download (other than caching) or save a copy of the Website Content or any portion thereof, for any purpose, except that you may print a copy of individual screens appearing as part of the Website solely for your personal, non-commercial use or records, provided that any marks, logos or other legends that appear on the copied screens remain on and are not removed from the printed or stored images of such screens. Except as expressly permitted in these Terms and Conditions, you may not modify, copy, publish, display, transmit, adapt or in any way exploit the Website Content, without the express prior permission of JPPA. Any other modification of Website Content or use of Website Content for any other purpose is a violation of the rights of JPPA or third parties. If you believe that any content on the Website has been copied in a way that constitutes copyright infringement, please notify JPPA.
NO LICENSE GRANTED
Nothing herein shall be construed as conferring by implication, estoppel, or otherwise, any license or right under any copyright, patent, trademark, or other proprietary interest of JPPA or third parties.
Understanding the Prices on Our Product Pages
When shopping on our site, you might notice different types of prices listed for products. Here’s a quick guide to help you understand what each price means:
Regular Price
The Regular Price represents the price before any discounts. This price typically reflects the median price from the past 90 to 180 days, depending on product category, excluding special promotions like holiday sales, limited-time deals, multi-unit deals, and clearance events.
Now Price
This is the updated price of an item after a reduction from the regular price. The Now Prices are often limited to a short time frame and offer the opportunity to save on products you love.
MSRP
Also known as the Manufacturer's Suggested Retail Price (MSRP), this price is provided by the manufacturer. It serves as a benchmark to highlight the value of our current pricing.
Please note that product prices are subject to change without notice.
USER CONTENT: FORUMS
Information, data, text, music, sound, photographs, graphics, video, messages and other materials that you may post to the Website or supply to JPPA are collectively referred to as "User Content". By posting User Content on any of our websites, you agree that you are solely responsible for the origination, accuracy, completeness, ownership, publication and dissemination of, and that you, and not JPPA, are entirely responsible for your User Content.
By submitting or sending User Content to JPPA or otherwise making User Content available for display on or through the Website, you grant JPPA the royalty-free, unrestricted, world-wide, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content (in whole or part) and/or to incorporate it in other works in any form, media or technology now known or later developed. You also warrant that any "moral rights" in User Content have been waived.
JPPA does not pre-screen, monitor, review or otherwise edit User Content posted, or otherwise made available, on or through the Website. However, JPPA reserves the right (but assumes no obligation) to, in its sole discretion, refuse, edit or remove any User Content that, in JPPA sole discretion, is determined not to comply with these Terms and Conditions, is illegal or is otherwise undesirable, inappropriate, offensive or inaccurate. JPPA is not responsible for refusing, editing or removing any User Content or any failure to do so.
You understand and agree that your use of the Services entitles JPPA to use, monitor and preserve copies of all User Content and to disclose such if required to do so by law or in the good faith belief that such disclosure will promote compliance with legal process, enforcement of these Terms and Conditions, assistance in responding to claims that User Content violates the rights of third parties, protection of the personal safety of any person or protection of the property rights of JPPA or any other person or entity. YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME ALL RISK ASSOCIATED WITH THE USE OF USER CONTENT.
USER CONDUCT
You understand and agree that all information, data, User Content and other material provided in the Services is the responsibility of the person or entity providing such content. In the event that JPPA permits you to upload, post, email or otherwise transmit information for display on the Website, you will be responsible for all User Content that you upload, post, email or otherwise transmit using the Services. Likewise, you are responsible to respect third party rights with respect to all content that appears on the Website and not to download, email or otherwise transmit such content in violation of such third party rights.
You may not upload, post, email or otherwise use the Website to transmit or store any User Content that: (i) infringes any patent, copyright, trademark, publicity, privacy or other proprietary rights of any party or person; (ii) is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, deceptive, fraudulent, sexually graphic, invasive of another's privacy or hateful; (iii) victimizes, harasses, degrades or intimidates an individual or group of individuals on the basis of race, ethnicity, gender, religion, sexual orientation, age or disability; (iv) contains unsolicited or unauthorized advertising, promotional materials, "spam," "chain letters" or any other form of solicitation, except in those areas of the Website that are intended and designated for such purpose, provided that even in those areas, your User Content will comply in all respects with the provisions hereof; or (v) contains software viruses or any other computer code, files or programs designed to or which may interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment or any other similarly destructive activity.
You agree that, in connection with your use of the Website, you will not: (i) "stalk" or harm any other user or any other person or entity in any way; (ii) impersonate any person or entity, including, but not limited to, a JPPA officer, director or representative, or falsely state or otherwise misrepresent your affiliation with a person or entity; (iii) forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content transmitted on or through the Website; (iv) disrupt the normal flow of dialogue in a forum; (v) interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website; (vi) "hack," infiltrate or otherwise seek to gain unauthorized access to, or compromise the integrity of, the Website; (vii) use any data mining tools, robots or similar data gathering or extracting tools in connection with the Website; (viii) harvest, collect or store information about the users of this Website or the User Content posted by others on this Website or use such information for any purpose inconsistent with the purpose of this Website; or (ix) violate any applicable local, state, national or international law or regulation.
NO RESALE OF SERVICES
You agree to use the Services solely for your own personal or internal business purposes and not to use or exploit any portion of the Website or the Services for commercial purposes not related to your business on any of the JPPA websites.
LINKED SITES
You may be able to link to third parties' websites ("Linked Sites") from any of our websites. JPPA does not control and is not responsible for any Linked Sites, including without limitation, for the content, availability, advertising, products or other materials of such Linked Sites, or any additional links contained therein. These links do not imply JPPA’s endorsement of or association with the Linked Sites. JPPA MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY LINKED SITE: YOUR USE OF ANY LINKED SITE IS SOLELY AT YOUR OWN RISK. You should be aware that your use of any Linked Site is subject to any terms and conditions, including privacy policies, applicable to that site.
PRIVACY POLICY
We encourage you to read our Privacy Policy, which is incorporated by this reference into these Terms and Conditions. Click here to read our Privacy Policy.
DISCLAIMER OF WARRANTIES
PRODUCTS OBTAINED THROUGH YOUR USE OF THE WEBSITE ARE PROVIDED WITH STANDARD PRODUCT WARRANTIES APPLICABLE TO SUCH PRODUCTS. THIS WEBSITE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITATION OF THE FOREGOING, JPPA SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (I) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, APPROPRIATENESS, RELIABILITY, TIMELINESS, USEFULNESS OR OTHERWISE OF THE WEBSITE OR WEBSITE CONTENT; AND (II) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT AND WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. JPPA MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR WILL BE UNINTERRUPTED, TIMELY, SECURE, CURRENT, ACCURATE, COMPLETE OR ERROR-FREE OR THAT THE RESULTS THAT MAY BE OBTAINED BY USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE. THE USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK. YOU UNDERSTAND AND ACKNOWLEDGE THAT YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO ANY DEFECT IN OR DISSATISFACTION WITH THE WEBSITE OR SERVICES IS TO CEASE TO USE THE WEBSITE OR SERVICES.
LIMITATION OF LIABILITY
YOUR SOLE AND EXCLUSIVE REMEDIES FOR ANY LOSS OR DAMAGES SHALL BE, AT YOUR OPTION, REFUND OF THE PURCHASE PRICE OF THE GOODS SOLD OR REPLACEMENT IN KIND AND QUANTITY. IN NO EVENT WILL JPPA, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, AFFILIATES, SUCCESSORS OR ASSIGNS, BE LIABLE TO ANY PARTY (I) FOR ANY OTHER EXEMPLARY, INDIRECT, DIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE), OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON OR INABILITY TO USE THE WEBSITE, EVEN IF JPPA OR ITS REGISTERED AGENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE FORM OF ACTION, (II) THE COST OF PROCUREMENT OF ANY SUBSTITUTE PRODUCTS AND/OR SERVICES RESULTING FROM ANY PRODUCTS, DATA, INFORMATION OR SERVICES OBTAINED OR WHICH YOU WERE UNABLE TO OBTAIN OR TRANSACTIONS EFFECTED OR FAILED TO BE EFFECTED, (III) ANY LINK PROVIDED IN CONNECTION WITH THE SERVICES, OR (IV) ANY MATTER OTHERWISE RELATED TO YOUR USE OF THE WEBSITE OR THE SERVICES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
PLEASE NOTE: REFUNDS MAY BE MADE IN THE FORM OF MERCHANDISE CREDIT.
INDEMNIFICATION
You agree to defend, indemnify and hold JPPA, its affiliates, officers, directors and employees harmless from any and all claims, liabilities, settlements, costs and expenses relating thereto, including without limitation, reasonable legal and accounting fees, arising in any way from your use of the Website or the Services, any violation of these Terms and Conditions by you, or any User Content you post on or through the Website. JPPA shall provide notice to you promptly of such claim and shall reasonably cooperate with you, at your expense, in your defense of any such claim.
ARBITRATION AND INJUNCTIVE RELIEF CLAUSE
For purposes of this Arbitration Policy, the term “The Company” refers to J&P Park Acquisitions, Inc., including its affiliated brands and subsidiaries.
Agreement to Arbitrate: Any dispute, claim, or controversy between you and The Company arising out of or relating to the use of this website, the services provided, or any products purchased through the website, including the validity, enforceability, or scope of this Arbitration and Injunctive Relief Clause (collectively, "Dispute") shall be resolved exclusively through binding arbitration, conducted by a single arbitrator in accordance with the Commercial Arbitration Rules (“Rules”) of the American Arbitration Association (“AAA”). As used in this Arbitration and Injunctive Relief Clause, "you" and "Company" also includes any parent, wholly or majority owned subsidiaries, affiliates, any licensees, predecessors, successors, assigns, purchasers of any accounts, and all agents, employees, directors, and representatives of any of the foregoing. YOU AND THE COMPANY AGREE AND UNDERSTAND THAT WE MUTUALLY CHOOSE BINDING ARBITRATION INSTEAD OF LITIGATION TO RESOLVE ALL DISPUTES. THIS MEANS THAT NEITHER YOU NOR THE COMPANY WILL HAVE THE RIGHT TO LITIGATE A CLAIM IN COURT. OTHER RIGHTS THAT YOU WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE OR MAY BE LIMITED IN ARBITRATION, INCLUDING YOUR RIGHT TO APPEAL AND YOUR ABILITY TO PARTICIPATE IN A CLASS ACTION.
Interstate Commerce: You and The Company agree that use of this website, the services provided, or any products purchased through the website constitutes a transaction involving commerce and, therefore, is governed by the Federal Arbitration Act (“FAA”).
Selection of Arbitrator: Any Dispute will be resolved, upon the election by You or The Company, by arbitration pursuant to this Arbitration and Injunctive Relief Clause and the Rules. For a copy of the Rules, to file a Claim, or for other information about the AAA, You may contact AAA at 335 Madison Avenue, New York, NY 10017, www.adr.org. In addition to the AAA, Claims may be referred to any other arbitration organization that is mutually agreed upon in writing by You and The Company, or to an arbitration organization or arbitrator(s) appointed pursuant to Section 5 of the FAA, provided that any such arbitration organization and arbitrator(s) will enforce the terms and restrictions set forth herein. If You and The Company cannot agree on the selection of an arbitrator within fifteen (15) days after the request for arbitration, the AAA shall select an arbitrator. The determination of the arbitrator in such arbitration shall be final and binding and may be enforced in any court of competent jurisdiction.
Arbitration Process: The arbitration will be conducted in the federal judicial district where you reside. The arbitrator's decision shall be final and binding on both parties and may be entered as a judgment in any court of competent jurisdiction.
Injunctive Relief: Notwithstanding this Arbitration and Injunctive Relief Clause, either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of its copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
Costs and Fees: Initially, you will only be responsible for paying your share, if any, of the arbitration fees required by the applicable Rules, which amount will not exceed the filing fees that you would have incurred if the Dispute had been brought in the appropriate state or federal court where you reside. Initially, The Company will pay the remainder of any arbitration fees. Notwithstanding the foregoing, the arbitrator shall assess the costs of arbitration against the party which is not the substantially prevailing party in such arbitration. Additionally, the arbitrator may award the prevailing party in any arbitration proceeding with its reasonable attorneys' fees and costs incurred in connection with the arbitration, as determined by the arbitrator(s).
Class Action Waiver: You agree that you shall not have the right to participate as a representative or a member of any class of claimants pertaining to any Dispute regardless of whether any such Dispute must be arbitrated. Arbitration of any Dispute will proceed solely on an individual basis without the right for any Disputes to be arbitrated on a class action basis or on bases involving claims brought in a purported representative capacity on behalf of others. The arbitrator's authority to resolve and make written awards is limited to Disputes between You and The Company alone. No Disputes may be joined or consolidated unless agreed to in writing by all parties. No arbitration award or decision will have a preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration.
Severability: If any part of this Arbitration and Injunctive Relief Clause is found to be unenforceable, the remaining provisions shall remain in full force and effect.
GENERAL PRACTICES REGARDING STORAGE
You understand and agree that JPPA may from time to time establish and revise practices and limitations concerning your use of the Services. You agree that JPPA shall have no liability for the deletion or failure to store any messages and other communications or other content maintained on the Website or transmitted using the Website or the Services.
TERMINATION OF REGISTRATION
You acknowledge and agree that JPPA may terminate your password and/or other access privileges and remove and discard any content without notice to you for any reason, including without limitation, if: (i) you do not use the Services for what JPPA, in its sole discretion, deems to be an extended period of time; (ii) JPPA believes that you have violated any of these Terms and Conditions, (iii) you have otherwise acted or failed to act in any manner that JPPA deems objectionable. You agree that any termination of your access to the Website or the Services shall not result in any liability or other obligation of JPPA to you or any third party in connection with such termination.
APPLICABLE LAWS: JURISDICTION
JPPA controls and operates this Website from our offices in the United States of America. We do not represent that materials on the Website are appropriate or available for use in other locations. Persons who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws.
The laws of the state of South Carolina, excluding its conflicts-of-law rules, shall govern these Terms and Conditions and your use of the Website. Any claim or dispute with JPPA or relating in any way to your use of the Website resides exclusively in the courts of the state of South Carolina, and you agree and expressly consent to the exercise of personal jurisdiction in the courts of the state of South Carolina, in connection with any such dispute.
CHANGES TO TERMS AND CONDITIONS
JPPA may change these Terms and Conditions from time to time and at any time, [with or without actual notice to you.] All such changes to these Terms and Conditions will appear on this page of the Website. By using the Website following any modifications to these Terms and Conditions, you agree to be bound by any such modifications to these Terms and Conditions.
MISCELLANEOUS
These Terms and Conditions constitute the entire agreement between you and JPPA and govern your use of the Website and the Services. You also may be subject to additional terms and conditions that may apply when you use third party content or services. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. The failure of JPPA to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or condition. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Services or these Terms and Conditions must be filed within one year after such claim or cause of action arose. The section titles of these Terms and Conditions are merely for convenience and will not have any effect on the substantive meaning of this Agreement.
EFFECTIVE AS OF: 01/01/2017, REVISED AS OF 5/6/2025