Terms & Conditions
PLEASE READ the following Terms and Conditions carefully.
This website (the "Website" or "WaysideGardens.com") is provided by J&P Park Acquisitions, Inc. ("Wayside Gardens"), subject to these terms and conditions of use ("Terms and Conditions"). By using this Website, you and your agents ("you" or "yours") are deemed to have agreed to these Terms and Conditions. The Services (as defined below) provided to you through this Website include Services provided on WaysideGardens.com. You can return to this page to review the most current version of these Terms and Conditions at any time.
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 Wayside Gardens, these functions are collectively referred to as the "Services". Wayside Gardens may alter, augment or terminate the Services in whole or in part at any time and from time to time in its sole discretion. Wayside Gardens 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. Wayside Gardens 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 WaysideGardens.com 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 the WaysideGardens.com Services. Wayside Gardens 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.
By submitting or sending User Content to WaysideGardens.com or otherwise making User Content available for display on or through the Website, you grant Wayside Gardens 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.
Wayside Gardens does not pre-screen, monitor, review or otherwise edit User Content posted, or otherwise made available, on or through the Website. However, Wayside Gardens reserves the right (but assumes no obligation) to, in its sole discretion, refuse, edit or remove any User Content that, in Wayside Gardens's sole discretion, is determined not to comply with these Terms and Conditions, is illegal or is otherwise undesirable, inappropriate, offensive or inaccurate. Wayside Gardens 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 Wayside Gardens 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 Wayside Gardens 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 Wayside Gardens 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 Wayside Gardens 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.
You may be able to link to third parties' websites ("Linked Sites") from WaysideGardens.com. Wayside Gardens 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 Wayside Gardens's endorsement of or association with the Linked Sites. Wayside Gardens 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.
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.
Please Note: Refunds may be made in the form of merchandise credit.
You agree to defend, indemnify and hold Wayside Gardens, 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. Wayside Gardens 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.
You acknowledge and agree that Wayside Gardens 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 Wayside Gardens, in its sole discretion, deems to be an extended period of time; (ii) Wayside Gardens believes that you have violated any of these Terms and Conditions, (iii) you have otherwise acted or failed to act in any manner that Wayside Gardens 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 Wayside Gardens to you or any third party in connection with such termination.
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 Wayside Gardens 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.
Effective as of: 12,04, 2000