PLEASE READ AND REVIEW THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEB SITE. By using this Web site, you agree to these terms and conditions. If you do not agree, please exit and disregard the information contained herein.
General Information
This site contains material about Twixwood Nursery and its various products that may be of interest to Twixwood Nursery’s employees and customers. Please feel free to browse this Web site. Your access and use of the information contained herein is subject to the following terms and conditions and all applicable laws. By accessing and browsing this Web site, you accept, without limitation or qualification, these terms and conditions and acknowledge that they supersede any other agreement between you and Twixwood Nursery.
Twixwood Nursery maintains this web-site for your personal use. This web-site and its contents are intended to comply with the laws and regulations of the United States. While you can access this Web site from outside the United States, our server is located within the United States, and the Web site it is intended to be used by residents located in the United States.
COPYRIGHT AND RESTRICTION ON USE OF MATERIAL (NONCOMMERCIAL USE)
This Web site is copyright protected. Any textual or graphic material you copy, print, or download from this Web site is licensed to you by Twixwood Nursery and/or its subsidiaries for your personal, noncommercial home use only, provided that you do not change or delete any copyright, trademark or other proprietary notices.
Limitation of Liability
Twixwood Nursery will use reasonable efforts to include accurate, complete and up-to-date information on this Web site, but Twixwood Nursery makes no warranties or representations as to its accuracy, completeness or frequency that it is updated. All users agree that access to this Web site is at their own risk, and that neither Twixwood Nursery nor any party involved in creating or delivering this Web site shall be liable for damages of any kind, including without limitation, any special, direct or indirect, incidental, or consequential or punitive damages (even if Twixwood Nursery has been advised of the possibility of such damages) arising out of access to, or use of the information contained on this Web site, or any errors or omissions, misprints, out-of-date information, technical or pricing inaccuracies, typographical or other errors appearing on this web-site. This limitation includes damages to, or for any viruses that may infect, your computer equipment.
Disclaimer
Information and related materials are subject to change without notice. This Web site, and all information and related materials it contains, are provided “as is.” Twixwood Nursery makes no representation or warranty whatsoever regarding the completeness, accuracy, up-to-dateness, or adequacy of, or the suitability, functionality, availability, or operation of this Web site or the information or materials it contains. By using this Web site, you assume the risk that the information and materials on this web-site may be incomplete, inaccurate, out of date, or may not meet your needs and requirements. Twixwood Nursery specifically disclaims all warranties, express or implied, including without limitation, the warranties or merchantability, fitness for a particular purpose, and non-infringement with respect to this Web site and information, graphics and materials contained herein.
Links to Other Web Sites
This web-site may contain links to, or be accessed from links on, other world wide web sites. Twixwood Nursery does not have responsibility for, or control of, the contents, availability, operation or performance of other Web sites to which this Web site may be linked or from which this web site may be accessed. Twixwood Nursery makes no representation regarding the content of any other Web sites which you may access from this web site.
Concerning Your Privacy
Access to this Web site may be monitored by Twixwood Nursery. If monitored, the requesting URLs, the machine originating the request, and the time of the request, are logged for access statistics and security purposes. Your use and access of this Web site constitutes your consent to such general monitoring. Please see Twixwood Nursery’s Privacy Policy for details on how information from the Web site may be gathered and used.
Trademarks
All trademarks, logos and service marks appearing in this Web site, and as designated with either a trademark symbol (“®”, “TM”, or “sm”) or type form that is different from the surrounding text, are trademarks owned by or licensed to Twixwood Nursery, its subsidiaries or affiliates. Notwithstanding this disclaimer, all other names and marks mentioned in this Web site are the trade names, trademarks or service marks of their respective owners.
No License
Nothing in this Web site shall be construed as conferring by implication, estoppel or otherwise, any license or right to use in any form or manner any patent, copyright or trademark of Twixwood Nursery. Please be advised that Twixwood Nursery protects its intellectual property rights to the fullest extent of the law.
SUBMISSIONS (INFORMATION TO Twixwood Nursery)
The submission of any unsolicited information, such as questions, comments, or suggestions, to Twixwood Nursery, either through this Web site or by any other means of communication, shall NOT be considered confidential. Twixwood Nursery shall have no obligation to you of any kind with respect to such information. By submitting any information to Twixwood Nursery, you understand that Twixwood Nursery shall be free to reproduce, use, disclose, display, exhibit, transmit, perform, create derivative works, and distribute the information to others without limitation, and to authorize others to do the same. In addition, Twixwood Nursery shall be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever, including but not limited to, developing, manufacturing and marketing products and other items incorporating such ideas, concepts, know-how or techniques.
Other
This agreement shall be governed by and construed in accordance with laws of the State of Michigan, United States of America, without giving effect to any principles of conflicts of law. If any provision of this agreement is held to be unlawful, void, or for any reason unenforceable, then that provision shall be eliminated or limited to the minimum extent necessary and such elimination or limitation shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the subject matter herein and you agree to indemnify Twixwood Nursery for any claims or damages resulting from your failure to abide by these terms and conditions.
The Twixwood Nursery Web site may be unavailable from time to time due to mechanical, telecommunication, software, hardware and third-party vendor failures, updating or construction. Twixwood Nursery cannot predict or control when such downtime may occur and cannot control the duration of such downtime.
Twixwood Nursery reserves the right to alter or delete material from this Web site at any time.
Twixwood Nursery may, at any time, revise these Web site Usage Terms by updating this posting. You are bound by any such revisions and should, therefore, periodically review these terms to review the then current Usage Terms.