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All Rights
Reserved:
Copyright © 2003-2008 The Garden Design Group
Reproduction,
copying, downloading, or other use of the information contained on this site
is strictly forbidden without the prior written authorization of Garden Design Group.
Terms
Of Use:
The use of this site is governed
by the policies, terms and conditions set forth below. Please read them carefully.
By using this site, you agree to these terms of use. If you do not agree to
these terms, you may not use this site. SoCalGarden.com reserves the right, at
any time, to modify, alter, or update these Terms of Use, and you agree to be
bound by such modifications, alterations, or updates.
Typographical
Errors
In the event a product or service is listed at an incorrect price due to typographical
error or error in pricing information, SoCalGarden.com
shall have the right to refuse or cancel any orders placed for product or service
listed at the incorrect price.
Disclaimers
All information, services, products, and materials contained on this site, including
text, programming, graphics, and links, are provided on an "as is" basis with
no warranty. To the maximum extent permitted by law, SoCalGarden.com
disclaims all representations and warranties, express or implied, with respect
to such information, services, products, and materials, including, but not limited
to, warranties of merchantability, fitness for a particular purpose, title,
non-infringement, freedom from computer virus, and implied warranties arising
from course of dealing or course of performance. In addition, SoCalGarden.com
does not represent or warrant that the information accessible via this site
is accurate, complete or current. Price and availability information is subject
to change without notice.
Dispute
Resolution
If any controversy, dispute or claim arising out of or related to your use of
this site arises, the dispute will be resolved exclusively by binding arbitration
in accordance with the commercial arbitration rules of the American Arbitration
Association. However, SoCalGarden.com
will have the right to petition a court of competent jurisdiction for the entry
of injunctions and orders for specific performance relating to your unauthorized
use of SoCalGarden.com's
trademarks, service marks, copyrights, patents, trade secrets or other intellectual
property (collectively, the "Intellectual Property") or any act or omission
by you that may impair the goodwill associated with the Intellectual Property:
Enforcement
All litigation, court proceedings, arbitration proceedings, mediation proceedings,
lawsuits, court hearings and other hearings initiated by you must and will be
venued exclusively in Los Angeles, California. This Terms of Use and the relationship
between you and SoCalGarden.com
will be governed by the laws of the state of California as if you signed this
Terms of Use in California. The provisions of this Terms of Use which conflict
with or are inconsistent with applicable governing law will be superseded and/or
modified by such applicable law only to the extent such provisions are inconsistent.
Limitation on Liability
SoCalGarden.com,
will not be liable for any direct, indirect, special, punitive, incidental,
exemplary or consequential damages, or any damages whatsoever, even if SoCalGarden.com
has been previously advised of the possibility of such damages, whether in an
action under contract, negligence, or any other theory, arising out of or in
connection with the use, inability to use, or performance of the information,
services, products, and materials available from this site. These limitations
will apply notwithstanding to any failure of essential purpose of any limited
remedy. Because some jurisdictions do not allow limitations on how long an implied
warranty lasts, or the exclusion or limitation of liability for consequential
or incidental damages, the above limitations may not apply to you.
External
Sites
This site may include links to other sites on the Internet that are owned and
operated by third party vendors and other third parties (the "external sites").
You agree that SoCalGarden.com,
is not responsible for the availability of, or the content located on or through,
any external site. You should contact the site administrator or Webmaster for
those external sites if you have any concerns regarding such links or the content
located on such external sites.
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