Terms & Conditions

Welcome to Burchellnursery.com. We provide services to you subject to the following terms and conditions. Please read these terms of use carefully before using our website.  If you do not agree to these terms and conditions of use do not access or otherwise use our website.  If you do visit or shop at Burchellnursery.com, you accept these conditions.

PRIVACY
In order to understand our practices, please review our Privacy Notice which is incorporated into these terms of use. It governs your visit to Burchellnursery.com and may be found by clicking on the link at the bottom of our web pages or clicking on the word “Privacy Notice” found above.

ELECTRONIC COMMUNICATIONS
When you visit Burchellnursery.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

COPYRIGHT
All content  on this site, including but not limited to text, graphics, logos, icons, images, articles and digital downloads, is the property of The Burchell Nursery, Inc. or its content suppliers and protected by United States and International copyright laws. The compilation of all content on this site is the exclusive property of The Burchell Nursery, Inc. and protected by U.S. and International copyright laws.  The contents of our website are only for your personal, non-commercial use.

TRADEMARKS
Burchellnursery.com and other marks indicated on our site are registered trademarks of The Burchell Nursery, Inc., in the United States and other countries. The Burchell Nursery, Inc.’s trademarks may not be used in connection with any product or service that is not The Burchell Nursery, Inc.’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits The Burchell Nursery, Inc. All other trademarks not owned by The Burchell Nursery, Inc. 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 Burchellnursery.com.

LICENSE AND ACCESS
All materials contained on our web site are protected by copyright, and are owned or controlled by Burchell Nursery or the party credited as the provider of the Content.  You will abide by any and all additional copyright notices, information or restrictions contained in any Content on our web site.  The Burchell Nursery, Inc. grants you a limited license to access and make personal use of this site.  You may download and make copies of the Content and other downloadable items displayed on our web site for personal, noncommercial use only, provided that you maintain all copyright and other notices contained in such content. Copying or storing any content for other than personal, non-commercial use is expressly prohibited without the prior written permission from us or the copyright holder identified in the individual Content’s copyright notice. This limited license does not include any resale or commercial use of this site or its contents; and any collection and use of any product listings, descriptions, or prices; any collection and use of any product listings, descriptions or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.

This site or any portion of it may not be reproduced, duplicated, copied, sold, resold, visited or otherwise exploited for any commercial purpose without express written permission of The Burchell Nursery, Inc.
You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of our website without our express written consent. Further you may not use any meta tags or any other “hidden text” utilizing Burchellnursery.com’s name or trademarks without the express written consent of The Burchell Nursery, Inc.

Any unauthorized use of our site terminates the permission or license granted by The Burchell Nursery, Inc.

CHANGES TO WEBSITE
The Burchell Nursery, Inc. may change, suspend or discontinue any aspect of our website at any time, including the availability of any Web Site feature, database or content.  We may also impose limits on certain features and services or restrict your access to parts or all of our Web Site without notice or liability;

YOUR REPRESENTATIONS AND WARRANTIES
You represent, warrant and covenant that:  (a) you will not upload, post or transmit to or distribute or otherwise publish through our Web Site any materials which (i) restrict or inhibit any other user from using and enjoying our Web Site, (ii) are unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate law, (iv) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right, (v) contain a virus or other harmful component, (vi) contain any information, software or other material of a commercial nature, (vii) contain advertising of any kind, or (viii) constitute or contain false or misleading indications of origin or statements of fact; and (b) that you are at least eighteen (18) years old.

INDEMNIFICATION
You agree to indemnify, defend and hold The Burchell Nursery, Inc., and all of its officers, directors, owners, agents, employees, information providers, affiliates, licensors and licensees (collectively, the “Indemnified Parties”) harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms of Use, your use of our website or your foregoing representations, warranties and covenants, including without limitation, attorneys’ fees and costs.  You shall cooperate as fully as reasonably required in the defense of any claim.  We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without our prior written consent.

LINKS TO OTHER SITES
Our Web Site may contain links and pointers to other related World Wide Web Internet sites, resources and sponsors of our Web Site.  Links to and from our Web Site to other third party sites, maintained by third parties, do not constitute an endorsement by The Burchell Nursery, Inc. or any of its subsidiaries or affiliates of any third party resources, or their contents.

ACCURACY OF CONTENTS
The Burchell Nursery does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed or distributed through our Web Site.  You acknowledge that your use of this web site and any reliance upon any such opinion, advice, statement, memorandum or any other information shall be at your own risk.  We also reserve the right, in our sole discretion, to correct any errors or omissions in any portion of The Burchell Nursery, Inc. web site.

DISCLAIMER
THE BURCHELL NURSERY INC. WEB SITE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH OUR WEB SITE, IS PROVIDED “AS IS” AND “WITH ALL FAULTS”.  TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THE BURCHELL NURSERY AND ITS SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THIS WEB SITE OR THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGHT THIS WEB SITE, FOR ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGHT THIS WEB SITE OR ANY LINKED SITE.

FURTHER, THE BURCHELL NURSERY, INC. AND ITS SUBSIDIARIES AND AFFILIATES DISCLAIM ANY AND ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.  THE BURCHELL NUSERY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN OUR WEB SITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE BURCHELL NURSERY WEB SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  THE BURCHELL NURSERY, INC. AND ITS SUBSIDIARIES AND AFFILIATES SHALL NOT BE LIABLE FOR THE USE OF OUR WEB SITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN.

YOU AGREE THAT THE BURCHELL NURSERY, INC SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL OR INCIDENTAL DAMAGES (INCLUDING WITHOUT LIMITATION, LOST PROFITS, PUNATIVE DAMAGES OR DAMAGES THAT RESULT FROM INCONVENIENCE, DELAY OR LOSS OF USE OF THE SERVICES PROVIDED AT OR THROUGH THE SITE) ARISING OUT OF USE OR INABILITY TO USE OF THE SITE, SERVICES OR CONTENT, ARRANGEMENTS MADE BASED ON INFRMATIONOBTAINED AT THE SITE, OR SERVICES OBTAINED THROUGHT THE SITE, EVEN IF THE BURCHELL NURSERY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

NOTWITHSTANDING THE FOREGOING, THE TOTAL LIABILITY OF THE BURCHELL NUSERY, INC. (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) ASSOCIATED WITH ANY CLAIM ARISING FROM OUR SITE FOR ANY REASON WHATSOEVER SHALL BE LIMITED TO THE COST OF ACCESSING THE SITE, IF ANY.  SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUESNTIAL DAMAGES.  IF THESE LAWS APPLY TO SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATION, THEY MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE CERTAIN ADDITIONAL RIGHTS.

COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
By posting messages, uploading files, inputting data or engaging in any other form of communication ((individually or collectively “Communications”) to the Burchell Nursery Inc. Web Site, you hereby grant to us a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit such Communications, in all media now known or hereafter developed. You hereby waive all rights to any claim against The Burchell Nursery, Inc. for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such Communications.

You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify The Burchell Nursery, Inc. for all claims resulting from content you supply. The Burchell Nursery, Inc. has the right but not the obligation to monitor and edit or remove any activity or content. The Burchell Nursery, Inc. takes no responsibility and assumes no liability for any content posted by you or any third party.

NO CONFIDENTIALITY
You acknowledge that transmissions to and from our Web Site are not confidential and your Communications may be read or intercepted by others.  You acknowledge that by submitting Communications to us, no confidential, fiduciary, contractually implied or other relationship is created between you and The Burchell Nursery, Inc.

APPLICABLE LAW
By visiting The Burchell Nursery, Inc. web site you agree that these terms and conditions of use shall be governed by and construed in accordance with the laws of the state of California, without regard to conflicts of laws provisions.  Regardless of where you access our web site, you agree that any action at law or in equity arising out of or relating to these terms shall be filed and adjudicated only in the federal or state courts located in California, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction and venue of such courts over any suit, action or proceedings arising out of these terms.

POLICIES, MODIFICATION, AND SEVERABILITY
We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.