Address:
26 Nursery Road
P.O. Box 108
Aspers, PA 17304
Phone:
(717) 677-8105
Fax:
(717) 677-4124
Office Hours:
(year round)
Mon - Fri : 7:00 to 5:00
(November, March & April)
Sat : 7:30 - 12:00 |
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Terms & Conditions
Welcome to Adams County Nursery's terms
and conditions, which apply to your use of the www.acnursery.com
website. By accessing this Website, you agree to be bound by
them.
DEFINITIONS
"Conditions" means these terms and conditions: "Personal Information" means any
personal details provided by you via the Website; "User(s)" means (a) user(s)
of the Website either collectively or individually, as the context requires; "We/us/our" means
Adams County Nursery, "Website" means the website located at http://www.corianbasrelief.com
or any subsequent URL which may replace it; and "You/your" means you as a user
of the Website.
1 ACCESS
We will provide you with access to the Website in accordance with these Conditions.
2 YOUR OBLIGATIONS
2.1 You:
2.1.1 agree not to use the Website (or any part of) for any illegal purpose and
agree to use it in accordance with all relevant laws;
2.1.2 agree not to upload or transmit through the Website any computer viruses,
macro viruses, trojan horses, worms or anything else designed to interfere with,
interrupt or disrupt the normal operating procedures of a computer;
2.1.3 will not upload or transmit through the Website any material which is defamatory,
offensive, or of an obscene or menacing character, or that may cause annoyance,
inconvenience or needless anxiety;
2.1.4 will not use the Website in a way that may cause the Website to be interrupted,
damaged, rendered less efficient or such that the effectiveness or functionality
of the Website is in any way impaired;
2.1.5 will not use the Website in any manner which violates or infringes the
rights of any person, firm or company (including, but not limited to, rights
of intellectual property, rights of confidentiality or rights of privacy);
2.1.6 agree that in the event that you have any right, claim or action against
any Users arising out of that User's use of the Website, then you will pursue
such right, claim or action independently of and without recourse to us.
3 INDEMNITY
3.1 You agree to be fully responsible for (and fully indemnify us against) all
claims, liability, damages, losses, costs and expenses, including legal fees,
suffered by us and arising out of any breach of the Conditions by you or any
other liabilities arising out of your use of the Website, or the use by any other
person accessing the Website using your PC or internet access account.
4 OUR RIGHTS
4.1 We reserve the right to:
4.1.1 modify or withdraw, temporarily or permanently, the Website (or any part
of) with or without notice to you and you confirm that we shall not be liable
to you or any third party for any modification to or withdrawal of the Website;
and/or
4.1.2 change these Conditions from time to time, and your continued use of the
Website (or any part of) following such change shall be deemed to be your acceptance
of such change. It is your responsibility to check regularly to determine whether
the Conditions have been changed. If you do not agree to any change to the Conditions
then you must immediately stop using the Website.
4.2 We will use our reasonable endeavours to maintain the Website. The Website
is subject to change from time to time. You will not be eligible for any compensation
because you cannot use any part of the Website or because of a failure, suspension
or withdrawal of all or part of the Website due to circumstances beyond our control.
5 THIRD PARTY LINKS
In an attempt to provide increased value to our Users, we may provide links to
other websites or resources. You acknowledge and agree that we are not responsible
for the availability of such external sites or resources, and do not endorse
and are not responsible or liable, directly or indirectly, for the privacy practices
or the content (including misrepresentative or defamatory content) of such websites,
including (without limitation) any advertising, products or other materials or
services on or available from such websites or resources, nor for any damage,
loss or offence caused or alleged to be caused by, or in connection with, the
use of or reliance on any such content, goods or services available on such external
sites or resources.
6 MONITORING
We have the right, but not the obligation, to monitor any activity and content
associated with the Website. We may investigate any reported violation of these
Conditions or complaints and take any action that we deem appropriate (which
may include, but is not limited to, issuing warnings, suspending, terminating
or attaching conditions to your access and/or removing any materials from the
Website).
7 YOUR DATA
7.1 We respect your personal information and undertake to comply with applicable
UK Data Protection legislation from time to time in place.
7.2 You should be aware that:
7.2.1 if we are requested by the police or any regulatory or government authority
investigating suspected illegal activities, or upon receipt of a court order,
to provide your Personal Information and/or information concerning your activities
whilst using the Website we shall do so; and
7.3 We reserve the right in our reasonable discretion to disclose details of
your use of the Website in relation to any, or any threatened, Court Proceedings
in connection with your use, or the use of anyone under your control, of the
Website whether in connection with the matters set out in these Conditions or
otherwise.
7.4 Please view our Privacy Policy, which forms part of these Conditions.
8 INTELLECTUAL PROPERTY AND RIGHT TO USE
8.1 You acknowledge and agree that all copyright, trademarks and all other intellectual
property rights in all material or content supplied as part of the Website shall
remain at all times vested in us or our licensors. You are permitted to use this
material only as expressly authorised by us.
8.2 The Website is Copyright, Adams County Nursery, 2003. All rights reserved.
9. NOTICES
9.1 You may send us notices under or in connection with these Conditions:
9.1.1 by post to {P.O. Boxx 144 Hanover, PA 17331};
9.1.2 by email to info@acnursery.com
9.2 As proof of sending does not guarantee our receipt of your notice, you must
ensure that you have received an acknowledgement from us, which will be sent
within 3 working days of our receipt and should be retained by you.
10. LIMITATION OF LIABILITY
10.1 WHILE WE WILL USE REASONABLE ENDEAVOURS TO VERIFY THE ACCURACY OF ANY INFORMATION
WE PLACE ON THE WEBSITE, WE MAKE NO WARRANTIES, WHETHER EXPRESS OR IMPLIED IN
RELATION TO ITS ACCURACY.
10.2 The Website is provided on an "as is" and "as available" basis without any
representation or endorsement. Unless specified in separate terms and conditions
related to a particular product or service, we make no warranties of any kind,
whether express or implied, in relation to the Website, or products or services
offered on the Website whether by us or on our behalf (including free software
downloads) including but not limited to, implied warranties of satisfactory quality,
fitness for a particular purpose, non-infringement, compatibility, security,
accuracy, condition or completeness, or any implied warranty arising from course
of dealing or usage or trade.
10.3 Unless specified in separate terms and conditions related to a particular
product or service, we make no warranty that the Website or products or services
offered on the Website whether by us or on our behalf (including free software
downloads) will meet your requirements or will be uninterrupted, timely, secure
or error-free, that defects will be corrected, or that the Website or the server
that makes it available or products or services offered on the Website whether
by us or on our behalf (including free software downloads) are free of viruses
or bugs or are fully functional, accurate, or reliable. We will not be responsible
or liable to you for any loss of content or material as a result of uploading
to or downloading from the Website.
10.4 Notwithstanding any other provision in the Conditions, nothing shall limit
your rights as a consumer under {US} law.
10.5 You acknowledge that we cannot guarantee and therefore shall not be in any
way responsible for the security or privacy of the Website and any information
provided to or taken from the Website by you.
10.6 We will not be liable in contract, tort or otherwise if you incur loss or
damage connecting to the Website through a third party's hyper-text link.
10.7 We will not be liable, in contract, tort (including, without limitation,
negligence), pre-contract or other representations (other than fraudulent misrepresentations)
or otherwise out of or in connection with the Website or products or services
offered on the Website whether by us or on our behalf (including free software
downloads) for:
10.7.1 any economic losses (including without limitation loss of revenues, profits,
contracts, business or anticipated savings); or
10.7.2 any loss of goodwill or reputation; or
10.7.3 any special or indirect or consequential losses; in any case whether or
not such losses were within the contemplation of either of us at the date on
which the event giving rise to the loss occurred.
10.8 Nothing in the Conditions shall exclude or limit our liability for death
or personal injury resulting from our negligence or that of our servants, agents
or employees.
11 SEVERANCE
If any part of the Conditions shall be deemed unlawful, void or for any reason
unenforceable, then that provision shall be deemed to be severable from these
Conditions and shall not effect the validity and enforceability of any of the
remaining provisions of the Conditions.
12 WAIVER
Nothing shall be construed as a waiver by us of any preceding or succeeding breach
of any provision.
13 SURVIVAL
Each provision of these Conditions shall be construed as separately applying
and surviving even if for any reason one or other of those provisions is held
to be inapplicable or unenforceable in any circumstances.
14 ENTIRE AGREEMENT
These Conditions (as amended from time to time) contain the entire agreement
between you and us relating to the subject matter covered and supersede any previous
agreements, arrangements, undertakings or proposals, written or oral, between
you and us in relation to such matters. No oral explanation or oral information
given by either of us shall alter the interpretation of these Conditions. You
confirm that, in agreeing to accept these Conditions, you have not relied on
any representation save insofar as the same has expressly been made a representation
in these Conditions and you agree that you shall have no remedy in respect of
any misrepresentation which has not become a term of these Conditions save that
your agreement contained in this Clause shall not apply in respect of any fraudulent
misrepresentation whether or not such has become a term of these Conditions.
15 LAW
The Conditions will be exclusively governed by and construed in accordance with
the laws of United States whose Courts will have exclusive jurisdiction in any
dispute, save that we have the right, at our sole discretion, to commence and
pursue proceedings in alternative jurisdictions.
16 WARRANTY
Allegheny Solid Surface Technologies warrants to the purchaser that the goods
provided by the seller will be of sound and merchantable quality at the time
of shipment, free of defectsin sorkmanship.
The warranty period hereunder is one (1) year and commences on the date of purchase.
The Seller's warranty obligation hereunder is limited to providing remedial service
during Seller's normal business hours and days during the warranty period and
repairing and replacing, at the Seller's option, goods which have been defective
in workmanship and so found by the Seller upon inspection. Examination and repair
or replacement of such goods will be effected on location an the Seller's facilities,
at the seller's option, with no charge to Purchaser for service time expended.
Goods to be examined, replaced or reparied at the Seller's facilitieties must
be returned to the Seller by Purchaser within the warranty period, tranportation
charges prepaid by Purchaser. The Seller's service time and related expenses
on and off location will be charged to the Purchaser if the goods are found not
to be defective or are for some other reason not covered by warranty. Seller
shall not be obligated to pay for any installation, fabrication, or other fees,
costs, or expenses, or for any loss or damage of any kind, whether arising for
a delay, or breach of warranty, or any other causes whatsoever. Not withstanding
anything herein to the contrary, the Seller will not be liable under any circumstances
for damages to any extent which result from faulty or improper application ,
improper use, or storage, or shipment of goods.
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