Acknowledgement and Acceptance of Terms of Use
PLEASE READ THE FOLLOWING TERMS OF USE AND DISCLAIMER CAREFULLY BEFORE USING THE COOLGARDENSTUFF.COM WEB SITE. "This site" refers to the site having the URL CoolGardenStuff.com. By accessing, browsing, and or using this site, you acknowledge that you have read, understood and agree to these terms or use. If you do not agree to these terms you may not use this site.
CoolGardenStuff.com may at any time revise this "Terms of Use" by updating this posting. By using this site, you agree to be bound by any such revisions and therefore should periodically visit this page of the site to examine the then current "Terms of Use" to which you are bound. Certain provisions of this "Terms of Use" may be superseded by expressly designated legal notices or terms located on particular pages at this site.
In consideration
for the use of this site, you agree to:
A) provide complete and accurate information about yourself when so prompted
by this site, B) maintain and update this information as necessary to keep
it current, complete and accurate. Any use of your personal information is
set forth in our Privacy Policy.
The Site Content
Unless
noted otherwise all site text, graphics, photographs, icons, illustrations,
articles, design, interfaces, caricatures and the selection and arrangements
thereof (collectively the "Content") on this site are copyrights,
trademarks, service marks, trade names, intellectual property owned, controlled
or licensed by CoolGardenStuff.com. This site as a whole is protected by copyright©2003,
all worldwide rights, titles and interests in and to which are owned by CoolGardenStuff.com
or its suppliers. The Content and software on this site may be used only for
conducting business between you and CoolGardenStuff.com. Permission is granted
to electronically copy and to print hard copy portions of this site for the
sole purpose of placing an order with CoolGardenStuff.com or using this site
as a resource for shopping. Any other use of materials on this site, including
reproduction for purposes other than those noted above, modification, distribution,
or replication without prior written permission of CoolGardenStuff.com is
strictly prohibited.
CoolGardenStuff.com and other graphics, trade names and service marks used on this site by CoolGardenStuff.com are the trademarks of CoolGardenStuff.com or its suppliers and may not be used without permission either in connection with any third party products or services or in any manner not permitted in CoolGardenStuff.com's trademark use policy. The trademark use policy may be promulgated from time to time. All other service marks, trade names and trademarks (including third party product names) used on this site are the property of their respective owners.
Information
Communications
with CoolGardenStuff.com Experts or Employees by users who seek, consume,
or otherwise use advice given by the Experts or Employees do so of their own
volition and at their own risk. CoolGardenStuff.com will have no obligations
with respect to the information, suggestions or advice offered by any party.
External
Sites
This
site may contain links to other sites on the Internet that are owned and operated
by third party vendors and other third parties (the "External Sites").
You acknowledge that CoolGardenStuff.com is not responsible for the availability
of, or any of the information, software, products or other content located
on or through, any External Site. CoolGardenStuff.com does not endorse or
make representations about them. If you use these links to External Sites,
you will leave this site. You should contact the site administrator or Webmaster
for those External Sites if you have any concerns regarding such links or
the content located on such External Sites.
Indemnity
You
agree to indemnify and hold CoolGardenStuff.com and its agents, affiliates,
employees, officers, and subsidiaries harmless from any claim or demand, including
attorney's fees, made by any third party due to or arising our of your use
of this site, your violation of Terms of Use, your violation of any third
party rights, and any submission you transmit or email to this site.
Termination
CoolGardenStuff.com
reserves the right to restrict access to this site to any user, and may at
any time in its sole discretion with or without notice and with or without
cause immediately deny access to this site by any person, including persons
who previously had access.
Disclaimer
THIS
SITE IS INTENDED FOR USERS 18 YEARS OF AGE AND OLDER. THE INFORMATION, SERVICES,
PRODUCTS AND MATERIALS CONTAINED IN THIS SITE, INCLUDING, WITHOUT LIMITATION,
TEXT, GRAPHICS, AND LINKS, ARE PROVIDED ON AN "AS IS" BASIS WITH
NO WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, COOLGARDENSTUFF.COM DISCLAIMS
ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH
INFORMATION, SERVICES, PROJECTS AND MATERIALS, INCLUDING BUT NOT LIMITED TO
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT,
FREEDOM FROM COMPUTER VIRUS AND IMPLIED WARRANTIES ARISING FROM COURSE OF
DEALING OR COURSE OF PERFORMANCE. IN ADDITION, COOLGARDENSTUFF.COM DOES NOT
REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS SITE IS ACCURATE,
COMPLETE, CURRENT, AVAILABLE WITHOUT INTERRUPTION, SECURE, ERROR FREE. COOLGARDENSTUFF.COM
MAY MAKE CHANGES TO INFORMATION AT THIS SITE INCLUDING TO PRICE AND AVAILABILITY.
INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE.
Limitation
on Liability
IN
NO EVENT SHALL COOLGARDENSTUFF.COM, ITS SUPPLIERS, OR OTHER THIRD PARTIES
MENTIONED AT THIS SITE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE,
INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL (INCLUDING WITHOUT LIMITATION THOSE
RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION), DAMAGES
OR ANY DAMAGES WHATSOEVER, EVEN IF COOLGARDENSTUFF.COM HAS BEEN PREVIOUSLY
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT,
NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE
USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS
AND MATERIALS AVAILABLE FROM THIS SITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING
ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISTRICTIONS
DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS OR THE EXCLUSION
OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTIAL DAMAGES, THE ABOVE
LIMITATIONS MAY NOT APPLY TO YOU
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