Terms of Use

 

Please read and review this document carefully before accessing further information on this web site. By proceeding to access this web site, you agree to be bound by the terms and conditions set forth below. If you do not wish to be bound by these terms and conditions, please do not access or use this web site. Thomsens Greenhouse & Garden Center may modify this agreement and its terms and conditions, and such modified agreement shall be effective immediately upon posting. Your continued access to or use of this service shall be deemed your conclusive acceptance of the agreement and its terms and conditions and any modifications thereto.

Accuracy

In this site, Thomsens Greenhouse & Garden Center has attempted to provide information that is accurate, complete, and reliable as of the time it was published or posted. However, Thomsens Greenhouse & Garden Center makes no representation about the suitability of the information contained in the documents or other information published on this site. All such documents and related graphics are provided "as is" without warranty of any kind, either express or implied.

Disclaimer

Thomsens Greenhouse & Garden Center hereby disclaims all warranties with regard to this information, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title, and non-infringement. Thomsens Greenhouse & Garden Center neither makes nor implies a warranty as to the accuracy, completeness, or reliability of the information provided herein, including, without limitation, information regarding Thomsens Greenhouse & Garden Center planned or prospective service offerings or service coverage. Thomsens Greenhouse & Garden Center disclaims all liability for technical inaccuracies, typographical errors, or other errors or omissions contained within this site. Thomsens Greenhouse & Garden Center does not warrant that this site or the server that makes it available are free of viruses or other harmful components, nor that the access to this site will be uninterrupted or error-free, and Thomsens Greenhouse & Garden Center assumes no responsibility for any and all damage caused thereby. By proceeding to access this site, you hereby assume the entire risk of relying upon the information provided herein.

Restriction of Liability

In no event shall Thomsens Greenhouse & Garden Center be liable for any damages, including, without limitation, special, direct, indirect, incidental, consequential, punitive, lost profits, or other damages arising from or in connection with the use, inability to use, or loss of the data contained within this site, whether in an action of contract, negligence, third-party claim, other tortious action, or any other action or claim. This disclaimer applies to any damages, injury or loss caused by any failure in performance, error, defect, interruption, deletion, delay in operation or transmission in the transmission thereof to the user, or for any other claims or losses arising therefrom or occasioned thereby.

Submitting Information to Thomsens Greenhouse & Garden Center

Please see our Privacy Policy for general information. Thomsens Greenhouse & Garden Center does not want to receive confidential or proprietary information from you through this website unless you have a written agreement with Thomsens Greenhouse & Garden Center related to the sharing of such information. Any information that Thomsens Greenhouse & Garden Center receives through this website, other than aggregate information covered by Thomsens Greenhouse & Garden Center Privacy Policy or employment applications, is deemed to be NON-CONFIDENTIAL. BY TRANSMITTING TO Thomsens Greenhouse & Garden Center INFORMATION VIA THIS WEBSITE OR OTHERWISE THROUGH ELECTRONIC MEANS WITHOUT A WRITTEN AGREEMENT WITH Thomsens Greenhouse & Garden Center RELATING TO YOUR SUBMISSION, YOU UNDERSTAND AND AGREE THAT Thomsens Greenhouse & Garden Center MAY USE THAT INFORMATION FOR ANY PURPOSE WHATSOEVER WITHOUT OBLIGATION TO YOU.

Changes

Thomsens Greenhouse & Garden Center may make changes to the information provided in this site, or to the products or services provided herein, at any time without notice. However, Thomsens Greenhouse & Garden Center has no obligation to provide such modifications or updates, or to continue to provide access to this site.

Links to Other Web Sites

The Thomsens Greenhouse & Garden Center site may contain links to third party web sites ("linked sites"). The linked sites are not under Thomsens Greenhouse & Garden Center control, and Thomsens Greenhouse & Garden Center is not responsible for and does not endorse the content of, or any link embedded in, any linked site, whether or not Thomsens Greenhouse & Garden Center is affiliated with the sponsors of the linked site. You enter a linked site at your own risk. You are responsible for your visit to any linked site and you are expected to read and follow the terms of use and privacy policies posted on any linked site. Thomsens Greenhouse & Garden Center is not responsible for any transmission or product received from any linked site, nor is Thomsens Greenhouse & Garden Center responsible if the linked site or any product featured on the site is not functioning, is damaged or is unavailable. Thomsens Greenhouse & Garden Center shall not be responsible for slower access speeds while linking to or visiting third party sites (access speeds may vary). Any delivery of and payment for goods and services, any warranties or any other terms of use for a linked site or linked site product, are strictly between you and the third party, and Thomsens Greenhouse & Garden Center is not responsible for any transaction between you and a third party. Thomsens Greenhouse & Garden Center does not guarantee the linked sites are suitable for all viewers, therefore viewer discretion is advised.

Termination

Thomsens Greenhouse & Garden Center or you may terminate this agreement at any time. You may terminate this agreement by destroying: (a) all materials obtained from www.builtbybens.com, and (b) all related documentation and all copies and installations (together, the "Materials"). Thomsens Greenhouse & Garden Center may terminate this agreement immediately without notice if, in its sole judgment, you breach any term or condition of this agreement. Upon termination, you must destroy all materials.

Jurisdiction

These Terms and Conditions will be governed and be interpreted pursuant to the laws of the State of Minnesota, United States of America, notwithstanding any principles of conflicts of law. Except as otherwise described, all materials in this site are made available only for informational purposes. Thomsens Greenhouse & Garden Center makes no representation that these materials are appropriate or available for use in other locations. If you use this site from other locations you are responsible for compliance with applicable local laws. If any part of these Terms of Use is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. Possible evidence of use of this site for illegal purposes will be provided to law enforcement authorities.

Miscellaneous

This is the entire agreement between the parties relating to the use of this site. Thomsens Greenhouse & Garden Center can revise these Terms of Use at any time by updating this posting. Thomsens Greenhouse & Garden Center products and services are available in many parts of the world. However, this Thomsens Greenhouse & Garden Center site may describe products and services that are not available worldwide. This site may be linked to other sites which are not maintained by Thomsens Greenhouse & Garden Center. Thomsens Greenhouse & Garden Center is not responsible for the content of those sites. The inclusion of any link to such sites does not imply endorsement by Thomsens Greenhouse & Garden Center.


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