Terms and Conditions of Use

Welcome to the Lawnandgardenwv.com(LGWV) site. Lawn & Garden Media Solutions, LLC requests that you carefully read the Terms and Conditions and our Privacy and Security Policies before using the LGWV site. Lawn & Garden Media Solutions, LLC ("Lawn & Garden") provides services to you subject to the following Terms and Conditions. By using the lawnandgardenwv.com Web site, you agree to follow and be bound by these Terms and Conditions and our Privacy and Security Policies without modification.

Use of the Site

Lawnandardenwv.com may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Information on this site may contain technical inaccuracies or typographical errors. Information, including product pricing and availability, may be changed or updated without notice. Lawn & Garden and its subsidiaries reserve the right to refuse service, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if Lawn & Garden believes that customer conduct violates applicable law or is harmful to the interests of Lawn & Garden and its subsidiaries.

Information You Submit

No information or material provided to Lawn & Garden by you through the Lawnandgardenwv.com site may contain vulgar, obscene, threatening or otherwise unlawful language or material. By sending any how-to or product information or material, you grant Lawn & Garden an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute materials or information, and you represent and warrant that you own or otherwise control all of the rights to such information or materials and that Lawn & Garden is free to use ideas, concepts, know-how or techniques that you send us for any purpose. However, we will not release your name or otherwise publicize the fact that you submitted materials or other information to us unless we obtain your permission to use your name or we are required to do so by law. Please review our Privacy Policy for a complete description of how we handle personal information submitted in the process of ordering products or registering on our site.

Lawn & Garden may also make employment information available through this Site. Lawn & Garden is an equal opportunity employer. Lawn & Garden provides equal employment opportunities to qualified persons without regard to race, color, religion, sex, national origin, age, veteran status, or disability. Lawn & Garden policy relates to all phases of employment including recruitment, placement, promotion, training, demotion, transfer, layoff, recall and termination, rates of pay, employee benefits and participation in all company-sponsored employee activities.

THE INFORMATION AND MATERIALS IN THIS SITE ARE PROVIDED FOR YOUR REVIEW IN ACCORDANCE WITH THE NOTICES, TERMS AND CONDITIONS SET FORTH HEREIN. THESE MATERIALS DO NOT NECESSARILY REFLECT THE OPINIONS OF LAWN & GARDEN OR ANY OF ITS AFFILIATES OR AGENTS. THESE MATERIALS ARE NOT GUARANTEED OR REPRESENTED TO BE COMPLETE, CORRECT OR UP-TO-DATE. YOU MAY NOT ACT OR RELY ON ANY INFORMATION OR MATERIALS IN THIS SITE AND YOU PARTICULARLY SHOULD NOT MAKE ANY INVESTMENT DECISIONS BASED ON ANY INFORMATION OR MATERIALS IN THIS SITE. YOU MUST INDEPENDENTLY VERIFY THE ACCURACY OF ALL SUCH INFORMATION AND MATERIALS BEFORE ACTING OR RELYING THEREON OR MAKING ANY INVESTMENT DECISIONS IN CONNECTION THEREWITH. THESE MATERIALS MAY BE CHANGED FROM TIME TO TIME WITHOUT NOTICE.

Copyright

All software and content included on this site, such as text, graphics, logos, button icons, images, audio clips, and software, is the owned or licensed property of Lawn & Garden or its software and content suppliers and protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all content on this site is the exclusive property of Lawn & Garden and protected by U.S. and international copyright laws. Lawn & Garden grants you permission to view and use content and software made available to you on the site in connection with your use of the site. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the content and software on this site is strictly prohibited.

Product Information and Warranties

Lawn & Garden has made a conscientious effort to display and describe its products and services on the site accurately so that you can get a good idea of their design and use, and of the services offered. Furthermore, Lawn & Garden is constantly improving its information, products and services. Consequently, Lawn & Garden cannot and does not guarantee the accuracy or completeness of the information, including prices, product images, specifications, availability and services. Products and services are the responsibility of the manufacturer or provider of those services and are covered by the warranties offered by such manufacturers or providers. Warranty information regarding any products and services featured on the Lawnandgardenwv.com site are available at no cost to you by e-mailing info@lawnandgardenwv.com.

Risk of Loss

ALL ITEMS PURCHASED FROM LAWNANDGARDENWV.COM ARE MADE PURSUANT TO A SHIPMENT CONTRACT. THIS MEANS THAT THE RISK OF LOSS AND TITLE FOR SUCH ITEMS PASS TO YOU UPON OUR DELIVERY TO THE CARRIER.

Links to Other Web Sites

The Lawnandgardenwv.com site may contain links to other Web sites so that you may learn more about the products available at Lawn & Garden and other matters that Lawn & Garden feels may be of interest to you. Lawn & Garden is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Lawn & Garden of the site or any association with its operators. While Lawn & Garden will make commercially reasonable efforts to ensure that these Web sites will meet your approval, Lawn & Garden does not have control over, and is in no manner responsible or liable for, the availability and content of the websites to which the Lawn & Garden Web site is linked. Lawn & Garden makes no representations whatsoever about any other site you may access through Lawnandgardenwv.com. Any concerns regarding any product or service offered by a Web site to which the Lawnandgardenwv.com site is linked or the link itself should be directed to the operator of that specific Web site and not to Lawn & Garden.

Disclaimer

YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS SITE AND THE INTERNET GENERALLY. THIS SITE IS PROVIDED BY LAWN & GARDEN ON AN "AS IS" BASIS. LAWN & GARDEN AND ITS SUBSIDIARIES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, LAWN & GARDEN AND ITS SUBSIDIARIES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHER PROPRIETARY RIGHTS, AND FREEDOM FROM ERRORS, VIRUSES, BUGS, OR OTHER HARMFUL COMPONENTS. LAWN & GARDEN AND ITS SUBSIDIARIES WILL NOT BE LIABLE FOR ANY DAMAGES OR ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL DAMAGES OR DAMAGES RESULTING FROM LOSS OF USE, DATA, OR PROFITS, OR BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE, ANY DELAYS ON THE SITE, OR THE INABILITY TO USE THE SITE, ANY PORTION THEREOF, OR ANY HYPERLINKED WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF LAWN & GARDEN OR ANY OF ITS SUBSIDIARIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Limitation of Liability

IN NO EVENT SHALL LAWN & GARDEN, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE LAWN & GARDEN WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER ORNOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT LAWN & GARDEN SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

Indemnity

You agree to defend, indemnify and hold harmless Lawn & Garden, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Lawn & Garden Website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Lawn & Garden Website.

Please be sure to fully read, understand, abide by and utilize all equipment as directed by manufacturer in all manuals, not limited to safety, operator's, owner's, product, and other terms used to describe the manuals.

Trademarks

WebvisionTM is property of The B. Gardner Group, LLC, in the United States and other countries and may not be used in connection with any product or service that is not Lawn & Garden in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Lawn & Garden.

General

You agree that this agreement and your use of this Site are governed by the laws of the State of North Carolina, USA. You hereby consent to the exclusive jurisdiction and venue of the courts, tribunals, agencies and other dispute resolution organizations in Charlotte, North Carolina, USA in all disputes (a) arising out of, relating to, or concerning this Site and/or this agreement, (b) in which this Site and/or this agreement is an issue or a material fact, or (c) in which this Site and/or this agreement is referenced in a paper filed in a court, tribunal, agency or other dispute resolution organization. Use of this Site is unauthorized in any jurisdiction that does not give full effect to all provisions of this agreement, including without limitation this paragraph and the warranty disclaimers and liability exclusions above. Lawn & Garden has endeavored to comply with all legal requirements known to it in creating and maintaining this Site, but makes no representation that materials on this Site are appropriate or available for use in any particular jurisdiction. Use of this Site is unauthorized in any jurisdiction where all or any portion of this Site may violate any legal requirements and you agree not to access this Site in any such jurisdiction. You are responsible for compliance with applicable laws. Any use in contravention of this provision or any provision of this agreement is at your own risk and, if any part of this agreement is invalid or unenforceable under applicable law, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall govern such use.

With the prior agreement of Lawn & Garden, any claim, dispute or controversy arising out of, relating to or concerning this Site and/or this agreement shall be decided by binding arbitration in accordance with the Rules of the American Arbitration Association and any such arbitration proceedings shall be brought and held in Charlotte, North Carolina, USA. The decisions of the arbitrators shall be binding and conclusive upon all parties involved and judgment upon any award of the arbitrators may be entered by any court having competent jurisdiction. This provision shall be specifically enforceable in any court of competent jurisdiction.

You agree that Lawn & Garden may at any time and without notice change the terms, conditions and notices under which this Site is offered.

You agree that no joint venture, partnership, employment or agency relationship exists between you and Lawn & Garden as a result of this agreement or your use of this Site.

Lawn & Garden performance of this agreement is subject to existing laws and legal process and nothing contained in this agreement is in derogation of Lawn & Garden right to comply with law enforcement requests or requirements relating to your use of this Site or information provided to or gathered by Lawn & Garden with respect to such use.

This agreement, the Privacy and Security Statement, and terms of sale constitute the entire agreement between you and Lawn & Garden with respect to this Site. This agreement supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Lawn & Garden with respect to this Site. No modification of this agreement shall be effective unless it is authored by Lawn & Garden, or unless it is physically signed in blue ink by a Lawn & Garden executive officer. Any alleged waiver of any breach of this agreement shall not be deemed to be a waiver of any future breach. A printed version of this agreement and/or of any notice given by Lawn & Garden in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement or your use of this Site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained by Lawn & Garden in printed form.

All other trademarks not owned by Lawn & Garden or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Lawn & Garden or its subsidiaries or affiliates.