All site design, text, graphics, interfaces, and the selection and arrangements are the exclusive property of America’s Gardening Resource, Inc., and its licensors. Permission is granted to electronically copy and to print hard copy portions of this site for the sole purpose of placing an order with Gardener’s Supply Co. or using this site as a shopping resource. Any other use of materials on this site, including reproduction for purposes other than those noted above, modification, distribution, or republication, without prior written permission of Gardener’s Supply Co. is strictly prohibited.
All trademarks, service marks, and trade names (collectively the "Marks") are proprietary to Gardener’s Supply Co. or other respective owners that have granted Gardener’s Supply Co. the right and license to use such Marks.
THIS SITE IS INTENDED FOR USERS OVER THE AGE OF 18. THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS CONTAINED IN THIS SITE, INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS, AND LINKS, ARE PROVIDED ON AN "AS IS" BASIS WITH NO WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY THE LAW, Gardener’s Supply Co. DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESSED OR IMPLIED, WITH RESPECT TO SUCH INFORMATION, SERVICES, PRODUCTS, AND MATERIALS, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND IMPLIED, WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, Gardener’s Supply Co. DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS SITE IS ACCURATE, COMPLETE OR CURRENT. Price and availability information is subject to change without notice.
Limitation on Liability
IN NO EVENT SHALL Gardener’s Supply Co. BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL, DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF Gardener’s Supply Co HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THIS SITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Links to External Sites
This site may contain links to other sites on the Internet that are owned and operated by third party vendors and other third parties (the "External Sites"). You acknowledge that Gardener’s Supply Company is not responsible for the availability of, or the content located on or through, any External Site. You should contact the site administrator or Webmaster for those External Sites if you have any concerns regarding such links or the content located on such External Sites.
DISPUTE RESOLUTION, ARBITRATION AND CLASS ACTION WAIVER
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. In order to expedite and control the cost of disputes, you and Gardener’s Supply Company agree that any dispute or claim relating in any way to your use of this Site will be resolved by binding arbitration, rather than in court.
Your acceptance of these Terms constitutes a waiver of your right to litigation claims and all opportunity to be heard by a judge or jury. There is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow this agreement and can award the same damages and relief as a court (including attorney’s fees). You may, however, opt-out of this provision which means you would have a right or opportunity to bring claims in a court. YOU AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS PROVISION.
Pre-Arbitration Claim Resolution
For all disputes you must first give us an opportunity to resolve the dispute which is done by emailing us at firstname.lastname@example.org this information:
- Your name
- Your physical address
- A description of your claim, and
- A description of the specific relief you seek.
If we do not resolve the dispute within 45 days after receiving Your notification, then you may pursue your dispute in arbitration. You may pursue your dispute in a court only under the circumstances described below.
Right to Opt Out of Arbitration
You or we may choose to pursue a dispute in court and not by arbitration if: (a) The dispute qualifies for initiation in small claims court; or (b) YOU OPT-OUT OF THESE ARBITRATION PROCEDURES WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST CONSENT TO THIS AGREEMENT BY USING THE GARDENERS.COM WEBSITE (the “Opt-Out Deadline”). You may opt-out of this Provision by emailing us at email@example.com with your name, your physical address, and a clear statement that you do not wish to resolve disputes with us through arbitration.
Your decision to opt-out of this Arbitration Provision will not negatively affect your relationship with us.
Any opt-out request received after the Opt-Out Deadline will not be valid and you must pursue your dispute small claims court or in arbitration as described below.
Either you or we may initiate arbitration proceedings. The American Arbitration Association (“AAA”), https://adr.org will arbitrate all disputes, and the arbitration will be conducted before a single arbitrator. The arbitration shall be commenced as an individual arbitration, and shall in no event be commenced as a class arbitration. All issues shall be for the arbitrator to decide, including the scope of this Provision.
For arbitration before AAA, for Disputes of less than $75,000, the AAA’s Supplementary Procedures for Consumer-Related Disputes will apply; for Disputes involving $75,000 or more, the AAA’s Commercial Arbitration Rules will apply. In either instance, the AAA’s Optional Rules For Emergency Measures Of Protection shall apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. This Provision governs in the event it conflicts with the applicable arbitration rules. Under no circumstances will class action procedures or rules apply to the arbitration.
Arbitration Award: The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. Such award will be final and binding on the parties and may be entered in any court having jurisdiction over the parties for purposes of enforcement.
Location of Arbitration: You or we may initiate arbitration in either Vermont or the federal judicial district that includes your physical address. If you select the latter, we may transfer the arbitration to Vermont so long as we agree to pay any additional fees or costs which the arbitrator determines you incur as a result of the transfer.
Class Action Waiver
The arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action or private attorney general action) unless both you and we specifically agree to do so following initiation of the arbitration. If you opt out of the Arbitration Provision, as specified above, this Class Action Waiver will not apply to You. You cannot be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding without having complied with the opt-out requirements above.
You understand and agree that by accepting this Provision in these Terms, you and we are each waiving the right to a jury trial or a trial before a judge in a public court.
If any clause within this Provision is found to be illegal or unenforceable, that clause will not apply, but all enforceable provisions will remain valid.