Terms of Sale
Buyer shall comply with the Eco Garden Systems’ Product specifications. Products are not authorized for use in the growing of illegal items, or any items which may be used in an illegal matter. If Buyer uses or sells the Products for use in such applications or fails to comply with the Eco Garden Systems’ Product specifications, Buyer acknowledges that such use, sale, or non-compliance is at Buyer’s sole risk. Buyer shall indemnify, defend and hold Eco Garden Systems harmless from any claims.
By placing an order, you are offering to purchase a product and that purchase is subject to this Terms & Conditions document. All orders are subject to availability and the following:
- All orders are priced as of date of order
- Confirmation of payment method
- All prices are FOB, Little Falls, MN and final pricing will include freight paid by the buyer except when other arrangements have been made in writing with Eco Garden Systems
- All orders will receive the following:
- Confirmation of order
- Confirmation of payment method
- Confirmation of shipment with an estimated date of delivery. This estimated date of delivery should not be viewed as a contract for delivery rather a best estimate based on current trucking practices and Eco Garden Systems is not liable for any damages incurred if delivery is outside of estimated window
Website Content and Limits on Use
We provide this web site as a service to our visitors. Unless otherwise noted, all web site content and functionality, including images, illustrations, designs, icons, photographs, video clips, software, and written and other content that are part of this web site, including all copyright, trademark, patent, and any other intellectual property rights therein (collectively, the “content”) is owned or licensed by Eco Garden Systems.
When you download or print a copy of the content you must include all copyright, trademark, and other notices that appear within the web site, including the copyright notice on the bottom of the page. No right, title or interest in any downloaded or copied content is transferred to you as a result of any such downloading or copying or any other use. If you believe any content appearing on the web site, whether posted by us or by another visitor, violates the copyright or other proprietary rights of a third party please notify us immediately, specifically identifying the content in question and the web page on which it appears, as well as the true copyright owner and any supporting information, and we will take appropriate action.
Rules for Using the Eco Garden Systems Web Site
You agree to follow the rules listed below:
- You will not knowingly provide or post any false, misleading, or fraudulent information.
- You will not use this web site for any illegal purpose, nor will you provide or post any material or information in violation of any applicable law or regulation.
- All information provided or posted by you must be original to you, and not violate the copyright or other proprietary rights of any third party.
- Information provided or posted by you must not violate the rights of any third party, including trade secret or privacy rights. In addition, information provided or posted by you must not be defamatory, harassing, offensive, threatening, obscene, or otherwise inappropriate or disruptive.
- You will not hold yourself out as someone you are not or otherwise impersonate any other person.
- You will not interfere or tamper with the functioning of this web site, nor will you attempt to gain access to information or control of the web site not specifically granted to you.
- You will not use this web site to transmit any spyware, virus or similar destructive program or code.
- You will not compile any database or list of other web site visitors, nor will you use this web site to facilitate the sending of any spam (unsolicited emails), bulk email, or email offering to sell goods or provide services, except as specifically authorized in conjunction with our email marketing services. In no event will you send emails that would violate the CAN-SPAM act in any way.
- You will not access or attempt to access any restricted portion of this web site unless you have specifically been granted access.
- You will abide by any other rules for participation in any newsgroups, chat rooms, forums or similar features on this web site. Without limiting this, you will not post advertisements in newsgroups, chat rooms, or forums in violation of the terms of participation for such newsgroups or forums, or on topics not intended for such newsgroups, chat rooms or forums.
You must not misuse the Eco Garden Systems website. You will not: commit or encourage a criminal offense; transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person’s proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as “spam”; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offense and Eco Garden Systems will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
Eco Garden Systems will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.
Intellectual Property, Software and Content
The intellectual property rights in all software and content (including photographic images) made available to you on or through this Website remains the property of www.ecogardensystems.com or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by Eco Garden Systems and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.
Any data or information gathered through your use of the Eco Garden Systems web site will be held in strictest confidence and will only be used to market the products and services offered by Eco Garden Systems, our partners or affiliates. We will never sell or deliver your information to outside agencies or third parties without your express written permission.
Linking to this Website
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.
Disclaimer as to ownership of trade marks, images of personalities and third party copyright
Except where expressly stated to the contrary all persons (including their names and images), third party trade marks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with Eco Garden Systems and you should not rely on the existence of such a connection or affiliation. Any trade marks/names featured on this Website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to Eco Garden Systems.
You agree to indemnify, defend and hold harmless Eco Garden Systems, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this Website or your breach of the Terms of Service.
Eco Garden Systems shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.
If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.
We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments.
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and Eco Garden Systems. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of Eco Garden Systems.