Terms and Conditions
Welcome to 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 "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
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®.
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.
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.
MOBILE TERMS & CONDITIONS
Signing Up and Opting-In to the Service
Enrollment in the Service requires you to provide your mobile phone number and to agree to these terms and conditions. You may not enroll if you are under 18 years old. Before the Service starts, you will need to agree to these Terms and Conditions. JPPA reserves the right to modify or stop offering the Service at any time with or without notice. Your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.
By opting into the Service, you:
- Authorize JPPA to use auto dialer or non-auto dialed technology to send recurring text messages to the mobile phone number associated with your opt-in (i.e., the number listed on the opt-in form or, if none, the number from which you send the opt-in, or, if none, the number on file for the account associated with your opt-in).
- Acknowledge that you do not have to agree to receive messages as a condition of purchase.
- Confirm that you are the subscriber to the relevant phone number or that you are the customary user of that number on a family or business plan and that you are authorized to opt in.
- Consent to the use of an electronic record to document your opt-in. To request a free paper or email copy of the opt-in or to update our records with your contact information, 1-800-845-1124. To view and retain an electronic copy of these Terms or the rest of your opt-in, you will need (i) a device (such as a computer or mobile phone) with Internet access, and (ii) and either a printer or storage space on such device. For an email copy, you'll also need an email account you can access from the device, along with a browser or other software that can display the emails.
Content You May Receive
Once you affirm your choice to opt-in to the Service on 39657, your message frequency may vary (maximum of 12 messages per month). You may receive alerts about:
- Sale promotions
- Event information
- Brand Information
- Invitations to shop the site
- Product launch announcements
- Cart reminders
We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any “STOP” or “HELP” requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.
Charges and Carriers
Message and data rates may apply. We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Please consult your service agreement with your wireless carrier or contact your wireless carrier to determine your phone's pricing plan and the charges for sending and receiving text messages. You acknowledge that you are responsible for any message, data or other charges incurred (usage, subscription, etc.) as a result of using the Service.
Supported carriers are AT & T, T-Mobile, Verizon Wireless, Sprint, Boost, Virgin Mobile, U.S. Cellular, Cricket, Alltel, Cincinnati Bell, Cellcom, C-Spire, nTelos, MetroPCS, and other smaller regional carriers. The Service may not be available on all wireless carriers. JPPA may add or remove any wireless carrier from the Service at any time without notice. JPPA and mobile carriers are not responsible for any undue delays, failure of delivery, or errors in messages. The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. You agree to maintain accurate, completed, and up-to-date information with us related to your receipt of messages. You agree to indemnify, defend, and hold us harmless for any third-party claims, liability, damages, or costs arising from your use of the Service or from you providing us with a phone number that is not your own.
To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.
To Stop the Service
To stop receiving text messages from JPPA, text the word STOP to 39657 any time or reply STOP to any of the text messages you have received from JPPA. This is the exclusive method for opting out. After texting STOP to 39657you will receive one additional message confirming that your request has been processed.
You can text HELP for help at any time to 39657. This will provide you with a phone number to call to contact customer services. You can also contact us at 1-800-845-1124.
Changes to Terms
These Mobile Terms and Conditions are subject to change at any time 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.
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.
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.
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.
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
Agreement to Arbitrate: Any dispute, claim, or controversy arising out of or relating to the use of this website, the services provided, or any products purchased through the website (collectively, "Dispute") shall be resolved exclusively through binding arbitration, conducted by a single arbitrator in accordance with the Commercial Arbitration Rules of the American Arbitration Association.
Arbitration Process: The arbitration shall be conducted in South Carolina. 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 the arbitration requirement, 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: The prevailing party in any arbitration proceeding shall be entitled to recover reasonable attorneys' fees and costs incurred in connection with the arbitration, as determined by the arbitrator(s).
Class Action Waiver: The consumer and the company agree that any arbitration shall be conducted on an individual basis and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding.
Governing Law: This arbitration clause shall be governed by and interpreted in accordance with the laws of South Carolina.
Severability: If any part of this arbitration 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.
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 7/22/2023