Terms and Conditions

1. General Use and Restrictions

1.1 Use of Site

Conditioned upon, and subject to, your strict compliance with the Terms of Use, MARKHAM Landscape Products, Inc. grants you a personal, non-exclusive, non-transferable, limited license to enter and use the Site to view information, use the Services and for other purposes expressly permitted by MARKHAM Landscape Products, Inc. in writing on the Site. You agree not to enter or use the Site for any purpose that is prohibited by the Terms of Use or is otherwise unlawful. You further agree to comply with all applicable U.S. laws, statutes, ordinances, regulations, contracts and applicable licenses regarding your use of the Site. MARKHAM Landscape Products, Inc. may, in its sole discretion, terminate or suspend your entry to, and/or use of, the Site, or any portion thereof, at any time, with or without notice and for any reason (or no reason), and you agree that: (a) if your authorization to enter the Site is terminated, you will not thereafter enter, or attempt to enter, the Site, directly or indirectly, and (b) if your authorization to enter the Site is suspended, you will not thereafter enter, or attempt to enter, the Site, directly or indirectly, until your suspension is removed and MARKHAM Landscape Products, Inc. gives you express notice thereof.

1.2 Information Provided

If you provide any information to us, you agree to provide only true, accurate, current and complete information. Use of this Site is governed by our Privacy Policy which we encourage you to review by clicking on the hypertext link located at the bottom of this website. MARKHAM Landscape Products, Inc.'s use of personal information that may be submitted by children to this Site is governed by the Privacy Policy.

1.3 Use of Content

You may print or copy any information (including but not limited to third party advertisements) displayed or transmitted on the Site (collectively, “Content”) that you are authorized to access, solely for informational and non-commercial, personal use; provided that you: (a) do not remove any title, trademark, copyright and/or restricted rights notices contained on such Content, and (b) strictly comply with the provisions of the Terms of Use including, without limitation, Section 1.4 below.

1.4 Restrictions

Except as provided in Section 1.3 above, you may not (and you agree that you will not) reproduce, alter, modify, create derivative works, or publicly display any Content without first receiving MARKHAM Landscape Products, Inc.'s express written permission. You further agree not to, without first obtaining MARKHAM Landscape Products, Inc.'s express written permission: (a) use any of its trademarks as metatags on other websites, (b) use the Site in any manner that is illegal or impairs the operation of the Site or its availability or usage by others, and/or (c) display any part of the Site in frames (or any Content via in-line links). You further agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through the Site, and not to insert any code or product or manipulate the Site in any way that affects the user’s experience including, without limitation, taking any action that imposes, or may impose, an unreasonable or disproportionately large load on the Site. You further agree not to use any data mining, web crawlers, robots, cancelbots, spiders, Trojan horses, or any data gathering or extraction methods in connection with your use of the Site except for customary search engines used in accordance with automated instructions directed to search engines and available on the Site.

2. General

2.1 Account and Password

If we issue an account to use the Services to you (an “Account”), we will also issue a username and/or initial password for such Account to you (each user of the Service that is issued an Account shall be referred to herein as a “Registered User”). The portions of the Site available to the general public and to Registered Users may vary. You may not be able to access all features or use all Services on the Site if you do not become a Registered User.

You may not authorize any third party to enter and/or use your Account on their behalf. Accordingly, you agree to protect your username and password by, among other things, keeping your username and password confidential. If, notwithstanding the foregoing obligation, you allow another party to use your username and/or password to access your Account, you will be responsible for all use by the party using your Account. You agree to: (a) immediately notify MARKHAM Landscape Products, Inc. of any unauthorized use of your password or any other breach of security, and (b) ensure that you exit from your Account at the end of each session.

2.2 Submissions and User Generated Content

The Site may contain bulletin boards, chat groups, forums and other interactive areas that allow users to express their opinions and post information and/or other materials (collectively, “User Generated Content”). We do not monitor all of the User Generated Content posted or transmitted by users and third party information providers. You may have the opportunity to answer surveys, ratings and questions posted on the Site by MARKHAM Landscape Products, Inc.'s contractor.

If you choose to respond, you will actually answer the survey, ratings and questions on the contractor’s site and will be subject to the contractor’s terms and conditions of use when you submit your responses. The contractor’s terms of use can be accessed by clicking the designated link on this website.

Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers and users, are those of the third party and not of MARKHAM Landscape Products, Inc. MARKHAM Landscape Products, Inc. does not represent or endorse the accuracy or reliability of any User Generated Content displayed, uploaded, or distributed on the Site by any third party. You acknowledge that any reliance upon any such third party User Generated Content is at your sole risk.

MARKHAM Landscape Products, Inc. may, in its sole discretion, edit and/or remove any User Generated Content you submit to the Site. Without limiting the generality of the foregoing, MARKHAM Landscape Products, Inc. may edit or remove any User Generated Content you submit to the Site that MARKHAM Landscape Products, Inc., in its sole discretion, deems abusive, defamatory, obscene, unlawful, or otherwise unacceptable, and you waive any moral rights you may have with respect to changes in the User Generated Content. We are not responsible for maintaining your posted User Generated Content and we may, in our sole discretion, delete or destroy it at any time with no liability or obligation to you.

You are solely responsible for any User Generated Content you submit to the Site. We shall not be liable for the use or misuse of any information or data, including personal information, that is included in your posted User Generated Content.

By submitting User Generated Content to the Site, you hereby grant to MARKHAM Landscape Products, Inc., its affiliates and related entities, a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sublicensable right and license to use, copy, exploit, modify, archive, store, reproduce, adapt, publish, translate, create derivative works from, distribute, perform and display all such User Generated Content in any form, media, software or technology of any kind now existing or developed in the future. You further grant MARKHAM Landscape Products, Inc., its affiliates, related entities, licensees and assignees the right to use your name and any other information about you that you provide in connection with any such use of the User Generated Content.

You understand and agree that visitors to the Site may use your User Generated Content in accordance with these Terms of Use. User Generated Content submitted by you to this Site can be used according to these Terms of Use without compensation or acknowledgement to you.

3. User Generated Content Limitations

You agree not to post User Generated Content that: (a) contains vulgar, profane, abusive or hateful language, epithets or slurs, text or illustrations in poor taste, inflammatory attacks of a personal, racial or religious nature, or expressions of bigotry, racism, discrimination or hate; (b) is defamatory, threatening, disparaging, inflammatory, false, misleading, deceptive, fraudulent, inaccurate, unfair, contains gross exaggeration or unsubstantiated claims, is unreasonably harmful or offensive to any individual or community, contains any actionable statement, or tends to mislead or reflect unfairly on any other person, business or entity; (c) violates or infringes any right of MARKHAM Landscape Products, Inc. or any third party, including without limitation any privacy, trademark, copyright or other intellectual property right, or will otherwise cause injury to any third party; (d) discriminates on the grounds of race, religion, national origin, gender, age, marital status, sexual orientation or disability, or refers to such matters in any manner prohibited by law; (e) violates any municipal, state or federal law, rule, regulation or ordinance, or attempts to encourage evasion or violation thereof; (f) unfairly interferes with any third party’s uninterrupted use and enjoyment of the Site; (g) advertises, promotes or offers to trade any goods or services, except in areas specifically designated for such purpose; (h) contains copyrighted or other proprietary material of any kind on the Site without the express permission of the owner of that material; (i) includes or transmits viruses or other harmful, disruptive or destructive files; (j) disrupts, interferes with, or otherwise harms or violates the security of the Site, or any Services, system resources, accounts, passwords, servers or networks connected to or accessible through the Site or affiliated or linked sites; (k) “flames” any individual or entity (e.g., sends repeated messages related to another user and/or makes derogatory or offensive comments about another individual), or repeats prior posting of the same message under multiple threads or subjects; (l) otherwise violates these Terms of Use.

Any User Generated Content posted by you or others will be deemed not to be confidential or secret. You understand that personal and other information (e.g., username, e-mail address, phone number) that you post on our Site is generally accessible to, and may be collected and used by others, and may result in unsolicited messages or other contact from others. To protect your safety, please use your best judgment when posting information. We particularly discourage divulging personal phone numbers and addresses or other information that can be used to identify or locate you.

4. Linking and Third Party Dealings

4.1 Links to External Sites

MARKHAM Landscape Products, Inc. may provide hyperlinks to other websites and Internet resources operated by parties other than MARKHAM Landscape Products, Inc. MARKHAM Landscape Products, Inc. has no control over such sites and resources or their privacy policies or terms of use and MARKHAM Landscape Products, Inc.'s policies and terms no longer govern. Such hyperlinks are provided for your reference only. The inclusion of hyperlinks to such websites does not imply any sponsorship, affiliation or endorsement of the material on such websites or with their operators.

4.2 Linking to the Site

Subject to the further provisions of this Section 4, MARKHAM Landscape Products, Inc. welcomes links to the Site from other websites. However, if MARKHAM Landscape Products, Inc. demands that you not link to the Site, or any portion of the Site, you agree that you will not, directly or indirectly, link to the Site or such portion of the Site as directed in our demand, at any time after such demand is made.

5. Intellectual Property

5.1 General

Except for Content that is in the public domain, the Site and all original Content, as well as the selection and arrangement of the Content, is owned by (or licensed to) MARKHAM Landscape Products, Inc. or its suppliers and is protected by copyright, trade dress, trademark, unfair competition, and/or other laws and may not be used, copied or imitated in whole or in part except as expressly provided herein. Except as otherwise expressly provided in the Terms of Use, all rights in and to the Site and Content are expressly reserved by MARKHAM Landscape Products, Inc.

5.2 Trademarks

Trademarks, service marks and logos are marks of MARKHAM Landscape Products, Inc. (not all marks of MARKHAM Landscape Products, Inc. may appear on this Site) and except as expressly provided in Section 1.3 above, may not be copied, imitated or used, in whole or in part, without MARKHAM Landscape Products, Inc.'s prior written permission. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks and/or trade dress of MARKHAM Landscape Products, Inc. or its licensors and may not be copied, imitated, or used, in whole or in part, without MARKHAM Landscape Products, Inc.'s prior written permission.

6. Policy, Notices and Procedures Regarding Claims of Copyright Infringement

MARKHAM Landscape Products, Inc. respects the intellectual property rights of others. If you believe that your work has been copied and is accessible on the Site in a way that constitutes copyright infringement, you may notify our agent as provided in this Section 6. Pursuant to Title 17, United States Code, Section 512(c)(2), notification of claimed copyright infringement should be directed to:

By Mail:
MARKHAM Landscape Products, Inc.
[Appropriate Department at Company]
[Company Street Address]
[Company City, State, Zip, Country]

By Fax: [Company fax number if available]
By Email: [Copyright email address]

NOTE: The preceding information is provided exclusively for notifying MARKHAM Landscape Products, Inc. that your copyrighted material may have been infringed. All other inquiries will not receive a response through this process.

7. Indemnification

You hereby agree to indemnify and hold harmless MARKHAM Landscape Products, Inc. and its affiliates, officers, members, directors, employees, shareholders, information providers, suppliers, contractors and licensees from and against any and all liability and costs, including, without limitation, reasonable attorney’s fees, incurred in connection with any claim arising out of: (a) your entry and/or use of the Site (including any Service), and/or
(b) any breach, or alleged breach, of any of the Terms of Use by you.

8. Disclaimer of Warranties

You expressly acknowledge and agree that your use of the Site (including any Service and Content) is at your sole risk. To the maximum extent permitted by law, the Site is provided on an "AS IS" and "AS AVAILABLE" basis. MARKHAM Landscape Products, Inc. makes no representations or warranties that: (a) the Site, Services or Content will meet your requirements;
(b) the operation of the Site or Services will be uninterrupted or error-free; or
(c) any defects will be corrected.

MARKHAM Landscape Products, Inc. disclaims all warranties, express or implied, including implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, so the above may not apply to you.

9. Limitation of Liability

IN NO EVENT SHALL MARKHAM Landscape Products, Inc., ITS LICENSORS OR AFFILIATES BE LIABLE FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, DATA, BUSINESS INTERRUPTION, OR OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF YOUR USE OR INABILITY TO USE THE SITE OR SERVICES. Some jurisdictions do not allow the limitation of liability, so some of these limitations may not apply to you.

In no event shall MARKHAM Landscape Products, Inc.'s total liability to you for all damages exceed [Insert Amount].

10. Modifications to the Site

MARKHAM Landscape Products, Inc. may modify, suspend, discontinue and/or restrict the Site, Services, or Content, at any time and without notice or liability.

11. Governing Law and Jurisdiction

This Site is intended for users in [specify country or region]. These Terms are governed by the laws of [specify state and country]. You consent to exclusive jurisdiction and venue in the courts located in [insert court location]. Any cause of action must be brought within one (1) year of the date the cause of action arises.

12. General Provisions

If any provision is deemed unenforceable, it will be replaced by a valid one that reflects the original intent, and the remainder will remain in full force. MARKHAM Landscape Products, Inc. may provide notices to you via email, mail, or posting on the Site. The failure to enforce any right does not waive it.

Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms.

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