Web Site Terms of Use

GENERAL INFORMATION.
This World Wide Web site ("Web Site") is created, controlled, and published by Shemin Nurseries, Inc, a Delaware corporation ("Shemin"). By using this Web Site, you signify your assent to these terms of use. If you do not agree to these terms of use, please do not use the Web Site. We reserve the right, at our discretion, to change, modify, add, or remove portions of these terms at any time. Please check these terms periodically for changes. Your continued use of this Web Site following the posting of changes to these terms will mean you accept those changes.

COPYRIGHT NOTICE.
All copyrightable text and graphics, the selection, arrangement, and presentation of all materials (including information in the public domain), and the overall design of this Web Site are copyright © 1996-2005 Shemin Nurseries, Inc. All rights reserved. Shemin hereby authorizes you to view, copy, print, and distribute the documents, related graphics and materials published by Shemin on this Web Site ("Materials") subject to the following conditions: 1) use is for non-commercial or personal purposes only; 2) use is for informational purposes only; 3) no documents or related graphics available from this Site are modified in any way; and 4) no graphics available from this Web Site are used separate from accompanying text. In consideration of this authorization, you agree that the above copyright notice and this permission notice shall appear in all copies of this document, related graphics and materials, or any portions thereof. Modification of the documents, related graphics and materials or use of the documents, related graphics and materials for any other purpose is a violation of Shemin's copyright and other proprietary rights. The use of any documents, related graphics and materials from this Web Site on any other Web Site or any networked computer environment is prohibited. By downloading any materials from this Web Site, you agree to these terms. If you do not agree to these terms, do not use this Web Site or download any materials from it.

OWNERSHIP OF MATERIALS.
Any product, process or technology described in this Web Site may be the subject of other Intellectual Property rights reserved by Shemin and may not be licensed hereunder. Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent, trademark or other intellectual property right of Shemin or any third party. Except as expressly provided above, nothing contained herein shall be construed as conferring any license or right under any Shemin copyright. Any rights not expressly granted herein are reserved.

POLICY CONCERNING INFRINGEMENT CLAIMS AND REPEAT INFRINGERS.
Shemin will process and investigate proper notices of alleged copyright or other intellectual property infringement related to material on its Web Site or servers and will respond appropriately, following the guidelines of the Online Copyright Infringement Liability Limitation Act and other applicable intellectual property laws. Under appropriate circumstances, Shemin will act expeditiously to remove or disable access to the material that is claimed to be infringing or claimed to be the subject of infringing activity. Shemin will, following appropriate investigation, terminate or disable access by repeat infringers. Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claims of alleged copyright or other intellectual property infringement must be in writing and directed to Shemin's designated agent.

TRADEMARKS.
Shemin and the Shemin logo, and other names, designs, logos and packaging of Shemin and/or Shemin products referenced herein, are trademarks or registered trademarks of Shemin Nurseries, Inc. All other product and company names mentioned herein may be the trademarks of their respective owners.

DISCLAIMER.
ALL MATERIALS IN THIS WEB SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SHEMIN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SUITABILITY, FITNESS FOR A PARTICULAR PURPOSE, INFRINGEMENT OR OTHERWISE. SHEMIN DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEB SITE OR THE SERVER(S) THAT MAKES THIS WEB SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SHEMIN DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS WEB SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT SHEMIN) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. THE MATERIALS ON THIS WEB SITE ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY. SHEMIN DOES NOT REPRESENT OR WARRANT THAT ANY MATERIAL IN THIS WEB SITE IS CORRECT, COMPLETE, OR UP-TO-DATE. SHEMIN MAY CHANGE OR DELETE MATERIAL ON THIS WEB SITE WITHOUT NOTICE AT ANY TIME. THEREFORE, USE OF THESE MATERIALS IS AT THE USER'S OWN RISK. ELECTRONIC MAIL SENT TO THIS SITE ON THE INTERNET IS NOT SECURE, AND USERS SHOULD AVOID SENDING SENSITIVE OR CONFIDENTIAL INFORMATION IN UNENCRYPTED MESSAGES.
LIMITATION OF LIABILITY. IN NO EVENT SHALL SHEMIN BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF USE, LOSS OF DATA OR INFORMATION, BUSINESS INTERRUPTION, OR ANY OTHER DAMAGES WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE AVAILABILITY, USE, RELIANCE ON OR INABILITY TO USE ANY MATERIAL AVAILABLE FROM THIS WEB SITE. IN NO EVENT SHALL SHEMIN'S TOTAL LIABILITY FOR CLAIMS, DAMAGES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE OR IF NO MONEY WAS PAID, ACTUAL DIRECT, AND PROVEN DAMAGES ATTRIBUTABLE TO THE WILLFUL NEGLIGENCE OF SHEMIN AND UNAVOIDABLE BY YOU.

LINKS TO OTHER MATERIALS.
This Web site may contain links to other resources on the Internet ("Third Party Sites"). Third Party Sites are not under the control of Shemin and Shemin is not responsible for the content of any Third Party Site. Shemin reserves the right to terminate any link or linking program at any time. Links are provided as aids to help identify and locate other Internet resources of interest. They are not intended to state or imply that Shemin sponsors, endorses or is affiliated or associated with the owners or publishers of such resources, or that Shemin is legally authorized to use any trade name, trademark, logo, legal or official seal, or copyrighted symbol that may be reflected in the Third Party Sites. If you decide to access any of the Third Party Sites linked to this Web Site, you do so entirely at your own risk.

USER SUBMISSIONS.
Any material, information, or other communication you transmit or post to this Web Site will be considered non-confidential and non-proprietary ("Communications"). Shemin will have no obligations with respect to the Communications. Shemin and its designees will be free to copy, disclose, distribute, incorporate, and otherwise use the Communications and all data, images, sounds, text, and other things embodied therein for any and all commercial or non-commercial purposes. You are prohibited from posting or transmitting to or from this Web Site any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material that would violate any law. SHEMIN DOES NOT ACCEPT OR CONSIDER UNSOLICITED IDEAS, INCLUDING IDEAS FOR NEW ADVERTISING CAMPAIGNS, NEW PROMOTIONS, NEW PRODUCTS OR TECHNOLOGIES, PROCESSES, MATERIALS, MARKETING PLANS OR NEW PRODUCT NAMES. PLEASE DO NOT SEND ANY ORIGINAL CREATIVE ARTWORK, SAMPLES, DEMOS, OR OTHER WORKS. THE SOLE PURPOSE OF THIS POLICY IS TO AVOID POTENTIAL MISUNDERSTANDINGS OR DISPUTES WHEN SHEMIN'S PRODUCTS OR MARKETING STRATEGIES MIGHT SEEM SIMILAR TO IDEAS SUBMITTED TO SHEMIN. ACCORDINGLY, PLEASE DO NOT SEND YOUR UNSOLICITED IDEAS TO SHEMIN OR ANYONE AT SHEMIN. IF, DESPITE OUR REQUEST THAT YOU NOT SEND US YOUR IDEAS AND MATERIALS, YOU STILL SEND THEM, PLEASE UNDERSTAND THAT SHEMIN DEEMS ALL UNSOLICITED IDEAS AND MATERIALS TO BE NON-CONFIDENTIAL AND NON-PROPRIETARY.

JURISDICTION.
This Web Site is controlled and operated by Shemin from its offices within the State of Connecticut, United States of America. This agreement shall be governed by and construed in accordance with the laws of the State of Connecticut, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in Fairfield County Connecticut and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.

APPLICABLE LAWS.
This Web Site is controlled by Shemin from its offices within the United States of America. Shemin makes no representation that Materials in the Web Site are appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access this Web Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Materials in violation of U.S. export laws and regulations.

GENERAL.
Shemin may revise these Terms at any time by updating this posting. You should visit this Web Site from time to time to review the then-current Terms because they are binding on you. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages at this Web Site. You agree that your accessing and using this Web Site is the functional equivalent of your signature and you hereby waive any objection to electronic assent to this agreement, whether based on the Statute of Frauds or similar law, rule, or regulation. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.