Term Of Use and Privacy Policy
Terms Of Use and Privacy Policy for Home-Garden-Things.com
Table of Contents:
· Introduction
· Use of this Site
· Site Security
· Privacy Policy
· Order Acceptance
· Pricing and Content Information
· Quantities and Time Limits
· Dealer Sales
· Warranty Terms and Conditions
· Standard Return Policy
· Returns Due to our Error or Defective Products
· Export Policy
· Copyrights and Trademarks
· User Reviews, Feedback, Submissions, Forum Submissions
· Colors
· Indemnification
· Termination
· Disclaimer
· Limitation of Liability
· General
· Changes to Home-Garden-Things.com Terms of Use
Introduction
Welcome to Home-Garden-Things.com (referred to throughout this Site as “Home-Garden-Things.com ") as a service to our customers. Please review the following basic rules that govern your use of the Home-Garden-Things.com site. Please note that your use of the Home-Garden-Things.com site constitutes your unconditional agreement to follow and be bound by these Terms of Use. Although you may "bookmark" a particular portion of this Site and thereby bypass this Agreement, your use of this Site still binds you to these Terms of Use. Home-Garden-Things.com reserves the right to update or modify these Terms of Use at any time without prior notice to you. For this reason, we encourage you to review these Terms of Use whenever you use this Site.
Use of this Site
By accepting these Terms of Use through your use of the Site, you certify that you are 18 years of age or older. If you are under the age of 18 but at least 13 years of age you may use this Site only under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use. Home-Garden-Things.com does not intentionally collect personal information about children under the age of 13. If you are a parent or legal guardian agreeing to these Terms of Use for the benefit of a child between the ages of 13 and 18, be advised that you are fully responsible for his or her use of this Site, including all financial charges and legal liability that he or she may incur. If you do not agree to (or cannot comply with) any of these terms and conditions, do not use this Site. All billing and registration information provided must be truthful and accurate. Providing any untruthful or inaccurate information may constitute a breach of these Terms of Use. By confirming your purchase at the end of the checkout process, you agree to accept and pay for the item(s) requested.
All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials that are part of this Site (collectively, the "Contents") are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Site or any related software. All software used on this Site is the property of Home-Garden-Things.com or its suppliers and protected by U.S. and international copyright laws. The Contents and software on this Site may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Contents on this Site is strictly prohibited.
Third Party Sites: References on this Site to any names, marks, products or services of third parties, or hypertext links to third party sites or information are provided solely as a convenience to you and do not in any way constitute or imply Home-Garden-Things.com’s endorsement, sponsorship or recommendation of the third party, its information, products or services. Home-Garden-Things.com is not responsible for the practices or policies of such third parties, nor the content of any third party sites, and does not make any representations regarding third party products or services, or the content or accuracy of any material on such third party sites. If you decide to link to any such third party web sites, you do so entirely at your own risk.
Site Security
Users are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding," "spamming," "mailbombing" or "crashing;" (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. Home-Garden-Things.com will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the search engine and search agents available from Home-Garden-Things.com on this Site and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer).
Privacy Policy
Information Collection and Use: Home-Garden-Things.comis the sole owner of the information collected on this site. We will not sell, share, or rent this information to others in ways different from what is disclosed in this statement. Home-Garden-Things.commay collect information from our users at several different points on our website. Information collected may or may not be used to send informative emails to our customers about upcoming events, specials, items, etc. However, our customers may opt out of any email marketing that is sent at anytime.
Orders:Home-Garden-Things.comrequest information from the user on our order form. Here a user must provide contact information (like name and shipping address) and financial information (like credit card number, expiration date). This information is used for billing purposes and to fill customer's orders. If we have trouble processing an order, this contact information is used to get in touch with the user.
Cookies: Cookies are only used by the shopping cart system as the preferred method to temporarily store items selected for purchase and as a convenient means to temporarily store customer billing and shipping information to expedite completion of the online order form. By setting a cookie, the user can suspend a shopping session, and return later to continue shopping, retaining previously-selected items in their cart. When returning to the shipping and billing information sections of the order form, automatic data entry of the fields on the form saves time when you wish to complete your purchases. If a user rejects the cookie, they may still use our site and the shopping cart will still function however the ability of the cart to retain data and items entered in prior sessions will be limited.
Log Files: We use IP addresses to analyze trends, administer the site, track user's movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information.
Sharing: We use an outside shipping company to ship orders, and a credit card processing company to bill users for goods and services; these companies do not retain, share, store or use personally identifiable information for any secondary purposes.
Links: This web site may contain links to other sites. Please be aware that Home-Garden-Things.comis not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of each and every web site that collects personally identifiable information. This privacy statement applies solely to information collected by this web site.
Order Acceptance
Please note that there may be certain orders that we are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. For your convenience, you will not be charged until your payment method is authorized, the order information is verified for accuracy and your order is shipped. Some situations that may result in your order being canceled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. If your order is canceled after your credit card has been charged, we will issue a credit to your credit card in the amount of the charge.
Merchandise Content: Home-Garden-Things.com attempts to be as accurate as possible in its product descriptions. However, Home-Garden-Things.com does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If you find a product is not as described, your sole remedy is to return it in unused condition.
Objectionable Content: You understand that by using this Site or any services provided on the Site, you may encounter Content that may be deemed by some to be offensive, indecent, or objectionable, which Content may or may not be identified as such. You agree to use the Site and any service at your sole risk and that Home-Garden-Things.com and its affiliates shall have no liability to you for Content that may be deemed offensive, indecent, or objectionable.
Dealer Sales
Home-Garden-Things.com also reserves the right, at our sole discretion, to limit the quantity of items purchased per person, per household or per order. These restrictions may be applicable to orders placed by the same account, the same credit card, and also to orders that use the same billing and/or shipping address. We will provide notification to the customer should such limits be applied. Home-Garden-Things.com also reserves the right, at our sole discretion, to prohibit sales to dealers or resellers. For purposes of these Terms of Use, reselling shall be defined as purchasing or intending to purchase any product(s) from Home-Garden-Things.com for the purpose of engaging in a commercial sale of that same product(s) with a third party.
Warranty Terms and Conditions:
The manufacturer's warranty applies to all products sold byHome-Garden-Things.com. Warranty terms and conditions differ from manufacturer to manufacturer. For specific manufacturer's warranty policies, contactHome-Garden-Things.com. Home-Garden-Things.comwill assist in applying the manufacturers’ policy in certain cases but will not be liable for any product defects in products 30 days after receipt.
If product is found to be defective within 30 days of receipt, the product may be returned based upon our return policy below.
Standard Return Policy
You can return items within 30 days for a full refund of the purchase price. The customer is responsible for shipping and handling costs to return item as well as a nominal restocking charge.
If item is being returned due to defects discovered upon receipt of item, we will attempt to replace item with identical item. However, due to the nature of the site and the limits on the number of identical items available, should no identical item be available then a full refund of the purchase price will be returned; the customer is responsible for shipping and handling costs to return item as well as a nominal restocking charge.
All items must be returned in the original carton or packaging with original packing slip(s) included therein. Please contact our customer service department for information on returning items.
Returns Due to Our Error or Defective Products
If item is being returned due to defects discovered upon receipt of item, we will attempt to replace item with identical item. However, due to the nature of the site and the limits on the number of identical items available, should no identical item be available then a full refund of the purchase price will be returned; the customer is responsible for shipping and handling costs to return item as well as a nominal restocking charge.
Export Policy
You acknowledge that the purchased goods licensed or sold on the Site, which may include technology and software, are subject to the customs and export control laws and regulations of the United States of America and may also be subject to the customs and export laws and regulations of the country in which the products are manufactured and/or received. By purchasing, downloading or using technology or software from the Site, you agree to abide by the applicable laws, rules and regulations and you represent and warrant that you will not transfer, by electronic transmission or otherwise, the software or technology to a foreign national or a foreign destination in violation of the law.
Copyrights and Trademarks
Unless otherwise noted, all of the Contents are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by Home-Garden-Things.com, one of its affiliates or by third parties who have licensed their materials to Home-Garden-Things.com and are protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all Contents on this Site is the exclusive property of Home-Garden-Things.com and is also protected by U.S. and international copyright laws.
Home-Garden-Things.com and its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials which appear on this Site. Access to this Site does not confer and shall not be considered as conferring upon anyone any license under any of Home-Garden-Things.com’s or any third party's intellectual property rights.
The Home-Garden-Things.com names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of Home-Garden-Things.com. All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this Site. Access to this Site does not authorize anyone to use any name, logo or mark in any manner.
User Reviews, Feedback, Submissions, Forum Submissions
All reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to Home-Garden-Things.com on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, the "Comments") shall be and remain Home-Garden-Things.com’s property. Such disclosure, submission or offer of any Comments shall constitute an assignment to Home-Garden-Things.com of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments.
Thus, Home-Garden-Things.com will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. Home-Garden-Things.com will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way. Home-Garden-Things.com is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments. You agree that any Comments submitted by you to the Site will not violate this policy or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity. You further agree that no Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam".
Home-Garden-Things.com does not regularly review posted Comments, but does reserve the right (but not the obligation) to monitor and edit or remove any Comments submitted to the Site. You grant Home-Garden-Things.com the right to use the name that you submit in connection with any Comments. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are and shall remain solely responsible for the content of any Comments you make and you agree to indemnify Home-Garden-Things.com and its affiliates for all claims resulting from any Comments you submit. Home-Garden-Things.com and its affiliates take no responsibility and assume no liability for any Comments submitted by you or any third party.
Colors
Home-Garden-Things.com has made every effort to display the colors of our products that appear on the Site as accurately as possible. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.
Indemnification
You agree to defend, indemnify and hold harmless Home-Garden-Things.com and its affiliates from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Site.
Termination
These Terms of Use are effective unless and until terminated by either you or Home-Garden-Things.com. You may terminate this Agreement at any time, provided that you discontinue any further use of this Site. Home-Garden-Things.com also may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site, if in Home-Garden-Things.com’s sole discretion you fail to comply with any term or provision of this Agreement. Upon any termination of the Agreement by either you or Home-Garden-Things.com, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the Terms of Use or otherwise. Home-Garden-Things.com's right to any Comments shall survive any termination of this Agreement.
Disclaimer
THIS SITE IS PROVIDED BY HOME-GARDEN-THINGS.COM ON AN "AS IS" AND "AS AVAILABLE" BASIS. HOME-GARDEN-THINGS.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, HOME-GARDEN-THINGS.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, HOME-GARDEN-THINGS.COM DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED ON THIS SITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE HOME-GARDEN-THINGS.COM WEB SITE, THAT USE OF THE SITE IS AT YOUR SOLE RISK. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF THE ITEM. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
MERCHANDISE DISCLAIMER: PRODUCT INFORMATION ACCESSED THROUGH THIS WEBSITE IS OBTAINED FROM CLAIMS MADE BY THE PRODUCT'S MANUFACTURER. PLEASE NOTE THAT, ON OCCASION MANUFACTURERS MAY ALTER THEIR LABELS SO ACTUAL PRODUCT PACKAGING AND MATERIALS MAY CONTAIN DIFFERENT INFORMATION THAN THAT SHOWN ON OUR WEB SITE, THUS WE CANNOT GUARANTEE OR ENSURE THE ACCURACY, COMPLETENESS OR TIMELINESS OF ANY PRODUCT INFORMATION. WE RECOMMEND THAT YOU DO NOT SOLELY RELY ON THE INFORMATION PRESENTED AND THAT YOU ALWAYS READ LABELS, WARNINGS, AND DIRECTIONS BEFORE USING OR CONSUMING A PRODUCT. FOR ADDITIONAL INFORMATION ABOUT A PRODUCT, PLEASE CONTACT THE MANUFACTURER. HOME-GARDEN-THINGS.COM ASSUMES NO LIABILITY FOR INACCURACIES OR MISSTATEMENTS ABOUT PRODUCTS. CUSTOMER REVIEWS ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY. CUSTOMER REVIEWS REFLECT THE INDIVIDUAL REVIEWER'S RESULTS AND EXPERIENCES ONLY AND ARE NOT VERIFIED OR ENDORSED BY HOME-GARDEN-THINGS.COM.
Limitation of Liability
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL HOME-GARDEN-THINGS.COM OR ANY OF ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE HOME-GARDEN-THINGS.COM WEB SITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF HOME-GARDEN-THINGS.COM HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL HOME-GARDEN-THINGS.COM BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THE SITE DURING THE SIX MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE.
General
This Agreement represents the complete agreement between the parties and supersedes all prior agreements and representations between them. Headings used in these Terms of Use are for reference purposes only and in no way define or limit the scope of the section. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the other terms of this Agreement shall remain in full force and effect. The failure of Home-Garden-Things.com to act with respect to a breach of this Agreement by you or others does not constitute a waiver and shall not limit Home-Garden-Things.com’s rights with respect to such breach or any subsequent breaches. This Agreement shall be governed by and construed under New Jersey law without regard to conflicts of law provisions. Any action or proceeding arising out of or related to this Agreement or your use of this Site must be brought in the state or federal courts of New Jersey and you consent to the exclusive personal jurisdiction of such courts.
Changes to the Home-Garden-Things.com Terms of Use
The Terms of Use was last updated on July 8, 2009. Please check our Terms of Use periodically for changes.
