Terms of Service
HARDING NURSERY, INC.
TERMS OF SERVICE
This Terms of Service (these "Terms") governs our relationship with users and others who interact with the Harding Nursery, Inc. ("Harding") website located at http://hardingnursery.com/ (the "Website"). By browsing, using, or accessing the Harding Website Sites, you agree to be bound by these Terms, so please read them carefully before using the Website.
Harding reserves the right to modify the Terms at any time with or without notice to you. Such changes are effective immediately upon posting on the Website and you are deemed to receive notice of such revisions at the time of posting, and are bound by such modifications or revisions. Nothing in these Terms should be deemed to confer any third-party rights or benefits. Harding reserves the right to revoke any or all access and use authorizations granted to you in regards to the Website.
Ownership, Trademark, and Copyright
You agree and acknowledge that Harding is the owner or licensee of all rights in the Website and the materials that appear on the Website and that you will not challenge those rights or do anything that might impair or damage those rights. The Website and its contents are protected by copyright, trademark, and other laws of the United States. Any unauthorized use of any material on the Website may violate such laws.
The trademarks, logos, and service marks used and displayed on the Website (the "Marks"), are registered and unregistered trademarks of, and owned by, Harding. Under no circumstance may you use any of the Marks displayed on the Website, or any other content on the Website, except as provided in these Terms. Nothing on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Marks without the written permission of the trademark owner.
By using the Website you agree that you will not collect users' content or information, or otherwise access the Website, using automated means. You will not use the Website to do anything unlawful, misleading, malicious, or discriminatory; and you will not do anything that could disable, overburden, or impair the proper working or appearance of the Website.
duration of this agreement and TERMINATION
These Terms will continue to be effective until you or we terminate it. If you violate the letter or spirit of these Terms, or otherwise create risk of possible legal exposure for Harding, we can stop providing all or part of the Website to you.
Third party content and linked sites
The Website may contain links to other sites created and maintained by other organizations, which may or may not be related to Harding. These links are provided for your convenience and are for reference only and you agree that the links do not imply that Harding is affiliated or associated with, or that any linked site is authorized to use any trademark, trade name, logo, or copyright of Harding. Harding makes no representation about any other site that you may access through the Website and is not responsible for the contents of any other site. Unless expressly stated, Harding does not endorse any products or services offered by any company or person linked to the Website.
YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK. THE WEBSITE AND ALL CONTENT, INCLUDED OR AVAILABLE THEREIN, ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT PERMITTED BY LAW, HARDING, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. HARDING MAKES NO WARRANTIES OR REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THE SITES AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE.
LIMITATION OF LIABILITY
IN NO EVENT SHALL HARDING, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE Website; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE Website; (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY; AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT HARDING IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Harding, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Website; (ii) your violation of any term of these Terms; or (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right. This defense and indemnification obligation will survive these Terms and your use of the Website.
ABILITY TO ACCEPT TERMS OF SERVICE
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms.
These Terms shall be governed by the internal substantive laws of the State of Colorado, without respect to any conflict of laws principles. Any claim or dispute between you and Harding that arises in whole or in part from the Website shall be decided exclusively by state courts of competent jurisdiction located in El Paso County, Colorado or federal courts in Denver, Colorado.
If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of this these Terms shall be deemed a further or continuing waiver of such term or any other term, and Harding’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.