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Privacy Policy,

Web Site Use Agreement &

Web Site Advertiser Agreement

 

Privacy Policy

 

        Information Only Site:  This is an "Information Only" web site. NurseryTrees.com does not collect, retrieve, store or maintain any personal data from visitors to this site.

 

        Information Given to us by Phone, e-mail, Fax, Mail or In-Person:   Your privacy is very important to us and we only use such information as needed for our communications with you, to set-up your job (such as "Call Before You Dig" information or equipment rental) and our internal business purposes.  We never sell, trade or otherwise distribute our Visitors'/Customers' e-mail addresses, phone numbers, street addresses, etc.

 

 

Web Site Use Agreement

PLEASE READ THE FOLLOWING AGREEMENT CAREFULLY
BEFORE USING THIS SITE

Note:  This Agreement relates to the national Nurseries & Garden Centers Lists section of the NurseryTrees.com web site and not the other sections of that site

YOUR USE OF THIS SITE CONSTITUTES AGREEMENT TO THE TERMS AND CONDITIONS OF THE WEB SITE USE AGREEMENT SET FORTH BELOW. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THIS SITE.

By accessing this site (the "Site") you are entering into this Web Site Use Agreement ("Agreement") with NurseryTrees.com.com, LLC ("NurseryTrees.com"), and you agree to be bound by the terms of this Agreement. 

If you do not agree to the terms of this Agreement, you must immediately stop use of this Site. If you remain on this Site, you agree to be bound by this Agreement.

Copyright Notice

Copyright 2005-2006 NurseryTrees.com.com, LLC. All rights reserved.

Use of Information
Limited permission to copy all documents and related graphics from this Site is granted subject to the following:

  1. The materials provided herein are for personal, non-commercial use only,

  2. Any copies of documents contained on this Site or portions thereof must include the above copyright notice, and

  3. You may not copy or print more than one copy of material posted on this Site.

Documents published by NurseryTrees.com on this Site may contain other proprietary notices or describe products, services, processes or technologies owned by NurseryTrees.com or third parties. Except as expressly set forth herein, nothing contained herein shall be construed as granting to the user a license under any copyright, trademark, patent or other intellectual property right of NurseryTrees.com or any third party. Except as expressly granted under this Agreement, all rights are reserved by NurseryTrees.com.

You may not display this Site in frames or utilize any other techniques to display this Site (or any content on this Site) without the prior express written consent of NurseryTrees.com. You may not use any meta tags or any other "hidden text" utilizing NurseryTrees.com's name or trademarks without the prior express written consent of NurseryTrees.com. You may not use NurseryTrees.com's domain name as a pseudonymous return e-mail address for any communications that you transmit from another location or through another service. You may not pretend to be someone else (or spoof their identity) when using this Site.

Data Mining Prohibited
You may not use bots or similar methods or tools to "data mine" or otherwise gather or extract from this Site.

Trademarks
The NurseryTrees.com name and logo, marks, and all other related product and service names, design marks and slogans are trademarks or service marks of NurseryTrees.com and may not be used in any manner without the prior written consent of NurseryTrees.com. All other trademarks and service marks are trademarks of their respective owners.

Limitation of Liability
THE USER OF THIS SITE ASSUMES ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS SITE AND THE INTERNET GENERALLY. NURSERYTREES.COM ASSUMES NO RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, RELIABILITY OR USEFULNESS OF ANY INFORMATION (OR OTHER MATERIAL), APPARATUS, OR OTHER PROCESS CONTAINED ON, DISTRIBUTED THROUGH, OR LINKED DOWNLOADED OR ACCESSED FROM THIS SITE.

IN NO EVENT SHALL  NURSERYTREES.COM BE LIABLE FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER (INCLUDING BUT NOT LIMITED TO LOSS OF USE, DATA, OR PROFITS) ARISING OUT OF OR IN CONNECTION WITH (A) THE USE OR PERFORMANCE OF THIS SITE OR ANY THIRD PARTY SITE (DEFINED BELOW), (B) ANY INFORMATION, MATERIAL, APPARATUS OR OTHER PROCESS CONTAINED ON, DISTRIBUTED THROUGH, OR LINKED, DOWNLOADED OR ACCESSED FROM THIS SITE (INCLUDING WITHOUT LIMITATION, THOSE CONTAINED ON A THIRD PARTY SITE), (C) ANY PRODUCTS OR SERVICES PURCHASED ON OR THROUGH A THIRD PARTY SITE, OR ANY PRODUCTS OR SERVICES PURCHASED OR OBTAINED AS A RESULT OF AN ADVERTISEMENT OR OTHER INFORMATION OR MATERIAL ON OR IN CONNECTION WITH THIS SITE, OR (D) THE INTERNET GENERALLY, OR OTHERWISE RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT; WHETHER BASED ON BREACH OF CONTRACT, NEGLIGENCE OR OTHER TORT, OR OTHER FORM OF ACTION OR LEGAL THEORY, REGARDLESS OF WHETHER NURSERYTREES.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

No Warranties

YOU ARE HEREBY NOTIFIED THAT SOME OF THE BUSINESSES LISTED ON THE NURSERYTREES.COM SITE HAVE PAID NURSERYTREES.COM FOR THEIR LISTING.  THIS IS SIMILAR TO "YELLOW PAGES" ADVERTISING IN THE PHONE BOOK AND NURSERYTREES.COM'S INCLUSION OF THESE BUSINESSES IN ITS LISTS SHOULD NOT BE INTERPRETED AS ANY FORM OF ENDORSEMENT OF THE GOODS OR SERVICES OFFERED.  NURSERYTREES.COM HAS NOT INVESTIGATED ANY BUSINESS LISTED; INSTEAD, THESE LISTS ARE PROVIDED AS A PLACE FOR YOU TO START YOUR RESEARCH.  AS WITH ANY PURCHASE, YOU SHOULD CONSIDER CONTACTING THE BETTER BUSINESS BUREAU, ATTORNEY GENERAL'S OFFICE AND OTHER SOURCES TO RESEARCH THE BUSINESS.

THIS WEB SITE IS MADE AVAILABLE TO YOU ON AN "AS IS" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, AND WITHOUT ANY REPRESENTATIONS OR GUARANTEES.  ANY MATERIAL ON THE SITE MAY INCLUDE TECHNICAL OR OTHER INACCURACIES OR TYPOGRAPHICAL ERRORS.  

NURSERYTREES.COM HEREBY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND ENDORSEMENTS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

NO ADVICE OR INFORMATION GIVEN BY NURSERYTREES.COM OR ITS EMPLOYEES SHALL CREATE ANY WARRANTY.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, (A) NURSERYTREES.COM SPECIFICALLY DOES NOT REPRESENT, WARRANT OR GUARANTEE THAT THIS SITE OR THE INTERNET GENERALLY WILL BE UNITERRUPTED OR ERROR FREE OR THAT ANY INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE FROM THIS SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, AND (B) NURSERYTREES.COM MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES REGARDING (1) THE OPERATION OR PERFORMANCE OF THIS SITE OR ANY THIRD PARTY SITE, (2) THE NATURE, CONTENT OR ACCURACY (EITHER WHEN POSTED OR AS A RESULT OF THE PASSAGE OF TIME) OF ANY INFORMATION, MATERIAL, APPARATUS OR OTHER PROCESS CONTAINED ON, DISTRIBUTED THROUGH, OR LINKED, DOWNLOADED OR ACCESSED FROM THIS SITE (INCLUDING WITHOUT LIMITATION, THOSE CONTAINED ON A THIRD PARTY SITE), (3) ANY PRODUCTS OR SERVICES PURCHASED ON OR THROUGH A THIRD PARTY SITE, OR ANY PRODUCTS OR SERVICES PURCHASED OR OBTAINED AS A RESULT OF AN ADVERTISEMENT OR OTHER INFORMATION OR MATERIAL ON OR IN CONNECTION WITH THIS SITE, OR (4) THE INTERNET GENERALLY.

IN THE EVENT OF ANY CONFLICT BETWEEN THIS SECTION (NO WARRANTIES) AND OTHER TERMS OR PROVISIONS OF THIS AGREEMENT, THIS SECTION SHALL GOVERN.

Disclaimer of Endorsement / Linked Sites
Reference herein to any products, services, processes, hypertext links to third parties or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply its endorsement, sponsorship or recommendation by NurseryTrees.com. Product and service information, and the provision of services, is the sole responsibility of each individual vendor.

None of the sites to which you may link from this Site, called Third Party Sites, are owned by NurseryTrees.com. You can tell if you have linked from one web site to another web site by looking at the URL in the browser window.  NurseryTrees.com makes no representations whatsoever concerning (a) the information, software or other material appearing on, or accessible through, any Third Party Site (including without limitation, any advertisement for products or services on any Third Party Site), (b) the performance or operation of any Third Party Site (including, without limitation, any transactions initiated or conducted through any Third Party Site, any taxes associated therewith and any use by third parties of user credit card information), (c) any products or services advertised or sold on or through any Third Party Site (including, without limitation, the quality, safety and legality of such products or services or the sale thereof), or (d) the sellers of any products or services advertised or sold on or through any Third Party Site. If you decide to access any of the Third Party Sites linked to this Site, you do so entirely at your own risk. If you are accessing a Third Party Site through a link on this Site, you are advised to read the terms of use and privacy policy of such Third Party Site before you use such Third Party Site.

No Disruption
You agree that you will not disrupt the functioning of this Site or otherwise act in a way that interferes with other users' use of the Site.

Changes to This Agreement
NurseryTrees.com reserves the right to change any of the terms of this Web Site Use Agreement (including, without limitation, any terms, policies or notices incorporated herein by reference) without prior notice. You agree to visit this Site periodically to be aware of and review any such changes. Changes to this Agreement will be effective upon posting. By continuing to use this Site after changes are posted, you accept the changes and agree to them.

Access / Failure to Comply
NurseryTrees.com has the right to terminate, suspend or restrict your access to this Site, unilaterally and without notice, in the event you violate any of the terms of this Agreement. In addition, if asked to do so, you agree that you will not attempt to access this Site.

NurseryTrees.com also reserves any and all remedies at law or equity in connection with violation of the terms of this Agreement

You agree, at your own expense, to indemnify, defend and hold NurseryTrees.com (and its officers, directors, agents, employees and third parties providing content on this Site) harmless from and against any claim or demand, and all losses incurred, arising from or related to (a) any violations of this Agreement (b) your use of (or conduct on) any Third Party Site (including, without limitation, (i) any information, software or other material viewed or accessed by you on or through any Third Party Site (including without limitation, any advertisement for products or services on any Third Party Site), (ii) any transactions initiated or conducted by you through any Third Party Site (including, without limitation, any taxes associated therewith and any use by third parties of your credit card information), (iii) any products or services that you bid on, purchase or otherwise obtain on or through any Third Party Site (including, without limitation, the quality, safety and legality of such products or services or the sale thereof), or (iv) the conduct of sellers of any products or services that you bid on, purchase or otherwise obtain on or through any Third Party Site).

Information Provided by You
Should any user of this Site provide NurseryTrees.com with information, including but not limited to feedback, data, questions, answers, comments, suggestions, plans, ideas or the like, such information shall be deemed to be non-confidential, and NurseryTrees.com assumes no obligation to protect such information from disclosure (or any obligation of any kind with respect to such information). The submission of such information to NurseryTrees.com shall in no way prevent the purchase, manufacture or use of similar products, services, plans, ideas and the like by NurseryTrees.com for any purpose whatever and shall be free to reproduce, use, disclose, and distribute the information to others without restriction.

Miscellaneous

You and NurseryTrees.com agree that the substantive laws of the state of Washington, without reference to its principles of conflicts of laws, will be applied to govern, construe and enforce all of the rights and duties of the parties arising from or relating in any way to the subject matter of this Agreement. YOU AND NurseryTrees.com CONSENT TO THE EXCLUSIVE PERSONAL JURISDICTION OF AND VENUE IN A COURT LOCATED IN SNOHOMISH COUNTY, WASHINGTON, FOR ANY SUITS OR CAUSES OF ACTION CONNECTED IN ANY WAY, DIRECTLY OR INDIRECTLY, TO THE SUBJECT MATTER OF THIS AGREEMENT OR TO THIS WEB SITE. Except as otherwise required by law, any cause of action or claim you may have with respect to this Web Site must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.

If any portion of this Agreement is ruled invalid or otherwise unenforceable, it shall be deemed amended in order to achieve as closely as possible the same effect as originally drafted. Any invalid or unenforceable portion should be construed as narrowly as possible in order to give effect to as much of the Agreement as possible. No waiver of any breach of any agreement or provision of this Agreement, nor any failure to assert any right or privilege contained in this Agreement, shall be deemed a waiver of any preceding or succeeding breach of any agreement or provision.

 

   Web Site Advertiser Agreement

This Web Site Advertiser Agreement is between NurseryTrees.com.com, LLC ("NurseryTrees.com") and yourself ("Advertiser") and specifically applies whenever Advertiser requests a listing(s) on the NurseryTrees.com web site.

Upon the payment of any necessary fees or participation in our Link Exchange Program, NurseryTrees.com agrees to post your listing and/or advertising on the NurseryTrees.com.com web site in the catagory selected for one year, subject to this agreement.

No Representations

NurseryTrees.com makes no representation of the amount of "impressions" your listing will receive, the number of contacts, if any, that will be made to your business because of your NurseryTrees.com listing, the positioning of any web page on any search engine, or the amount of web site traffic that any particular web page receives.

Termination

Either you or NurseryTrees.com may terminate this agreement at any time, without cause, and have your listing removed.  If you have paid for your listing and/or advertising and NurseryTrees.com terminates the agreement before the end of the term, NurseryTrees.com will return to you a pro-rata share of your payment. 

Limitation of Liability

IN NO EVENT SHALL NURSERYTREES.COM BE LIABLE FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER (INCLUDING BUT NOT LIMITED TO LOSS OF USE, DATA, OR PROFITS) ARISING OUT OF OR IN CONNECTION WITH (A) THE USE OR PERFORMANCE OF THIS SITE, (B) ANY INFORMATION, MATERIAL, APPARATUS OR OTHER PROCESS CONTAINED ON, DISTRIBUTED THROUGH, OR LINKED, DOWNLOADED OR ACCESSED FROM THIS SITE, (C) ANY PRODUCTS OR SERVICES PURCHASED ON OR THROUGH A THIRD PARTY SITE, OR ANY PRODUCTS OR SERVICES PURCHASED OR OBTAINED AS A RESULT OF AN ADVERTISEMENT OR OTHER INFORMATION OR MATERIAL ON OR IN CONNECTION WITH THIS SITE, OR (D) THE INTERNET GENERALLY, OR OTHERWISE RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT; WHETHER BASED ON BREACH OF CONTRACT, NEGLIGENCE OR OTHER TORT, OR OTHER FORM OF ACTION OR LEGAL THEORY, REGARDLESS OF WHETHER NURSERYTREES.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

NURSERYTREES.COM'S LIABILITY, IF ANY, IS LIMITED TO THE AMOUNT OF MONEY ADVERTISER HAS PAID NURSERYTREES.COM.

No Warranties

THIS WEB SITE IS MADE AVAILABLE ON AN "AS IS" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, AND WITHOUT ANY REPRESENTATIONS OR GUARANTEES.  ANY MATERIAL ON THE SITE MAY INCLUDE TECHNICAL OR OTHER INACCURACIES OR TYPOGRAPHICAL ERRORS.

NURSERYTREES.COM HEREBY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND ENDORSEMENTS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

NO ADVICE OR INFORMATION GIVEN BY NURSERYTREES.COM OR ITS EMPLOYEES SHALL CREATE ANY WARRANTY.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, (A) NURSERYTREES.COM SPECIFICALLY DOES NOT REPRESENT, WARRANT OR GUARANTEE THAT THIS SITE OR THE INTERNET GENERALLY WILL BE UNITERRUPTED OR ERROR FREE OR THAT ANY INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE FROM THIS SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, AND (B) NURSERYTREES.COM MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES REGARDING (1) THE OPERATION OR PERFORMANCE OF THIS SITE OR ANY THIRD PARTY SITE, (2) THE NATURE, CONTENT OR ACCURACY (EITHER WHEN POSTED OR AS A RESULT OF THE PASSAGE OF TIME) OF ANY INFORMATION, MATERIAL, APPARATUS OR OTHER PROCESS CONTAINED ON, DISTRIBUTED THROUGH, OR LINKED, DOWNLOADED OR ACCESSED FROM THIS SITE (INCLUDING WITHOUT LIMITATION, THOSE CONTAINED ON A THIRD PARTY SITE), (3) ANY PRODUCTS OR SERVICES PURCHASED ON OR THROUGH A THIRD PARTY SITE, OR ANY PRODUCTS OR SERVICES PURCHASED OR OBTAINED AS A RESULT OF AN ADVERTISEMENT OR OTHER INFORMATION OR MATERIAL ON OR IN CONNECTION WITH THIS SITE, OR (4) THE INTERNET GENERALLY.

IN THE EVENT OF ANY CONFLICT BETWEEN THIS SECTION (NO WARRANTIES) AND OTHER TERMS OR PROVISIONS OF THIS AGREEMENT, THIS SECTION SHALL GOVERN.

You agree, at your own expense, to indemnify, defend and hold NurseryTrees.com (and its officers, directors, agents, employees and third parties providing content on this Site) harmless from and against any claim or demand, and all losses incurred, arising from or related to the conduct of your business.  

Miscellaneous

You and NurseryTrees.com agree that the substantive laws of the state of Washington, without reference to its principles of conflicts of laws, will be applied to govern, construe and enforce all of the rights and duties of the parties arising from or relating in any way to the subject matter of this Agreement. YOU AND NURSERYTREES.COM CONSENT TO THE EXCLUSIVE PERSONAL JURISDICTION OF AND VENUE IN A COURT LOCATED IN SNOHOMISH COUNTY, WASHINGTON, FOR ANY SUITS OR CAUSES OF ACTION CONNECTED IN ANY WAY, DIRECTLY OR INDIRECTLY, TO THE SUBJECT MATTER OF THIS AGREEMENT OR TO THIS WEB SITE. Except as otherwise required by law, any cause of action or claim you may have with respect to this Web Site must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.  NurseryTrees.com also reserves any and all remedies at law or equity in connection with violation of the terms of this Agreement.

If any portion of this Agreement is ruled invalid or otherwise unenforceable, it shall be deemed amended in order to achieve as closely as possible the same effect as originally drafted. Any invalid or unenforceable portion should be construed as narrowly as possible in order to give effect to as much of the Agreement as possible. No waiver of any breach of any agreement or provision of this Agreement, nor any failure to assert any right or privilege contained in this Agreement, shall be deemed a waiver of any preceding or succeeding breach of any agreement or provision.

 

NurseryTrees.com LLC, Nurseries - Plants, Trees, Snohomish, WA

 

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