Terms of Service
On occasion, a product or service may not be available at the time or the price as it appears in an advertisement. In such event, or in the event a product is listed at an incorrect price or with incorrect information due to typographical error, technology effort, error in the date or length of publication, or error in pricing or product information received from our advertisers or suppliers, you agree Gardens and Beyond, is not responsible for such errors or discrepancies. General Disclaimer and Limitation of Liability: While Gardens and Beyond. uses reasonable efforts to include accurate and up-to-date information, we make no warranties or representations as to the accuracy of the Content and assume no liability or responsibility for any error or omission in the Content. Gardens and Beyond does not represent or warrant that use of any Content will not infringe rights of third parties. Gardens and Beyond has no responsibility for actions of third parties or for content provided or posted by others.
USE OF Gardens-Beyond.com IS AT YOUR OWN RISK. ALL CONTENT IS PROVIDED "AS IS" AND "AS AVAILABLE." NEITHER Gardens and Beyond, Gardens-Beyond.com, NOR ANY OF THEIR AFFILIATED OR RELATED COMPANIES, NOR ANY OF THE EMPLOYEES, AGENTS, CONTENT PROVIDERS OR LICENSORS OF ANY OF THEM, MAKES ANY REPRESENTATION OR WARRANTY OF ANY KIND REGARDING Gardens-Beyond.com, THE CONTENT, ANY ADVERTISING MATERIAL, INFORMATION, PRODUCTS OR SERVICES AVAILABLE ON OR THROUGH Gardens-Beyond.com, AND/OR THE RESULTS THAT MAY BE OBTAINED FROM USE OF Gardens-Beyond.com OR SUCH CONTENT OR SERVICES. ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES AGAINST INFRINGEMENT, AND WARRANTIES Gardens-Beyond.com WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, ARE SPECIFICALLY DISCLAIMED. Gardens and Beyond AND ITS AFFILIATES ARE NOT RESPONSIBLE OR LIABLE FOR CONTENT POSTED BY THIRD PARTIES, ACTIONS OF ANY THIRD PARTY, OR FOR ANY DAMAGE TO, OR VIRUS THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY.
Gardens-Beyond.com CONTAINS FACTS, VIEWS, OPINIONS, STATEMENTS AND RECOMMENDATIONS OF THIRD PARTY INDIVIDUALS AND ORGANIZATIONS. Gardens and Beyond DOES NOT REPRESENT OR ENDORSE THE ACCURACY, CURRENTNESS OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED, UPLOADED OR DISTRIBUTED THROUGH THE Gardens-Beyond.com web site. ANY RELIANCE UPON ANY SUCH OPINION, ADVICE, STATEMENT OR INFORMATION IS AT YOUR SOLE RISK.
IN NO EVENT SHALL Gardens and Beyond OR ITS AFFILIATES, EMPLOYEES, AGENTS, CONTENT PROVIDERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES INCLUDING, WITHOUT LIMITATION, DAMAGES RELATED TO UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, THE CONTENT OR ANY ERRORS OR OMISSIONS IN THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL Gardens and Beyond OR ITS AFFILIATES, EMPLOYEES, AGENTS, CONTENT PROVIDERS OR LICENSORS BE LIABLE FOR ANY AMOUNT FOR DIRECT DAMAGES IN EXCESS OF $100.
Indemnity. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS, Gardens and Beyond, EACH OF THEIR AFFILIATED COMPANIES, AND EACH OF THEIR RESPECTIVE PARTNERS, SUPPLIERS, LICENSORS, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS AND AGENTS, FROM ANY AND ALL CLAIMS (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR DEFAMATION, TRADE DISPARAGEMENT, PRIVACY AND INTELLECTUAL PROPERTY INFRINGEMENT) AND DAMAGES (INCLUDING ATTORNEYS' FEES AND COURT COSTS) ARISING FROM OR RELATING TO ANY ALLEGATION REGARDING: (1) YOUR USE OF Gardens-Beyond.com; (2) Gardens-Beyond.com'S USE OF ANY CONTENT OR INFORMATION YOU PROVIDE, AS LONG AS SUCH USE IS NOT INCONSISTENT WITH THIS AGREEMENT; (3) INFORMATION OR MATERIAL POSTED OR TRANSMITTED THROUGH YOUR MEMBERSHIP ACCOUNT, EVEN IF NOT POSTED BY YOU; AND, (4) ANY VIOLATION OF THIS AGREEMENT BY YOU.
International Users. Gardens-Beyond.com is controlled, operated and administered by Gardens and Beyond from its offices within the United States. Gardens and Beyond makes no representation that materials or Content available through Gardens-Beyond.com are appropriate or available for use outside the United States and access to them from territories where their contents are illegal is prohibited. You may not use Gardens-Beyond.com or export the Content in violation of U.S. export laws and regulations. If you access Gardens-Beyond.com from a location outside the United States, you are responsible for compliance with all applicable laws.
Miscellaneous: Gardens and Beyond reserves the right to change these Terms of Service at any time in its discretion and to notify users of any such changes solely by changing this Terms of Service. Your continued use of Gardens-Beyond.com after the posting of any amended Terms of Service shall constitute your agreement to be bound by any such changes. Your use of this site prior to the time this Terms of Service was posted will be governed according to the Terms of Service that applied at the time of your use.
Gardens and Beyond may modify, suspend, discontinue or restrict the use of any portion of Gardens-Beyond.com, including the availability of any portion of the Content at any time, without notice or liability. Gardens and Beyond may deny access to any person or user at any time for any reason. In addition Gardens-Beyond.com may at any time transfer rights and obligations under this Agreement to any Gardens and Beyond affiliate, subsidiary or business unit, or any of their affiliated companies or divisions, or any entity that acquires Gardens and Beyond or any of their assets.
These Terms of Service will be governed by and construed in accordance with the laws of the State of Michigan, without regard to its conflicts of law provisions. You hereby agree that any cause of action you may have with respect to Gardens-Beyond.com must be filed in a federal or state court located in Orlando, Florida , within two months of the time in which the events giving rise to such claim began, or you agree to waive such claim. You agree no such claim may be brought as a class action. If for any reason any provision of this Agreement is found unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected in that provision, and the remainder of the Agreement shall continue in full force and effect. Any failure of Gardens and Beyond to enforce or exercise any provision of this Agreement or related right shall not constitute a waiver of that right or provision. The section titles used in this Agreement are purely for convenience and carry with them no legal or contractual effect. In the event of termination of this Agreement for any reason, you agree the following provisions will survive: the provisions regarding limitations on your use of Content, the license(s) you have granted to Gardens and Beyond, and all other provisions for which survival is equitable or appropriate.
In the case of a conflict between these terms and the terms of any electronic or machine readable statement or policy (for example, a P3P electronic privacy policy), these Terms of Service shall control. Similarly, in case of a conflict between these terms and our Privacy Policy, these Terms of Service control.
Contact Us. To contact Gardens and Beyond, please use the following:
Gardens and Beyond. | 3125 King Road | China, Michigan 48054 | (810) 329 – 9779 | mail@gardens-beyond.com |