Last Update: 04/15/2016

 

These terms of service ("Terms") cover your use and access to the products, services, software, platform and websites (collectively, "Services") provided by McKay Nursery Company and any of our affiliates (collectively, "McKay Nursery"). By using our Services, you agree to be bound by these Terms as well as our Privacy Policy. If you are using our Services as the employee or agent of an organization, you are agreeing to these Terms on behalf of that organization.

You must be the legal age of majority in your state of residence or otherwise able to form a binding contract with McKay Nursery Company in order to use the Services. In no event is use of the Services permitted by those under the age of 13. 

 

Customer Agreement

Customer agrees and acknowledges that McKay Nursery Company, Inc. guarantees orders are carefully packed and shipped to ensure the safe delivery of the plant products.  Our products are shipped via FedEx.  

 

Governing Law; Dispute Resolution

You agree that all matters relating to your access to or use of the Site, including disputes, will be governed by laws of the United States and the State of Wisconsin without regard to its conflicts of law’s provisions.  You agree to the personal jurisdiction by and venue in the state and federal courts in Jefferson County, Wisconsin, and waive any objection to such jurisdiction or venue.  McKay Nursery Company (and its affiliates, officers, directors and employees) shall not, in any event, be liable for damages in any amount greater than the original purchase price of the product(s).  Should McKay Nursery Company prevail, it will entitle to cost and attorney’s fees. 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.

 

Your Account 

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You can make purchases with a credit card. If you are under 18, you may use this site only with involvement of a parent or guardian. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at our sole discretion. 

 

Consent to Receive Emails

By creating an account, you agree that you may receive communications from McKay Nursery, such as newsletters, special offers, and account reminders and updates. You also understand that you can remove yourself from these communications by clicking the "Unsubscribe" link in the footer of the actual email. 

 

Reviews, Comments, Communications & Other Content

Visitors may post reviews, comments, and other content; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning or commercial solicitation. 

 

Acceptable Use of Communications Services

Our website includes a large number of what are collectively called "Communications Services." These include services such as product reviews, comment threads, blog posts, question and answer products, customer service forums, and other message services. You agree to use the Communication Services only to post, send, and receive messages or materials proper to and related to the particular Communication Service. When using a Communication Service, you agree that you will not do any of the following:

  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others.
  • Publish, post, upload, distribute or disseminate any names, materials, or information that is considered inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful.
  • Create a false identity, represent yourself as someone else, or sign an agreement as someone else or on behalf of someone else or otherwise falsify or delete in an uploaded file any significant attributions or notices.
  • Upload files that contain software or other material protected either by intellectual property laws or by the rights of privacy or publicity except when (i) you own or control the necessary rights, or (ii) you have received all necessary consents to do so.
  • Upload corrupted files, files that contain viruses, or any other files that may damage the operation of another's computer.
  • Advertise, offer to sell, or offer to buy anything for business purposes except to the limited extent any particular Communication Service specifically allows such activity. 
  • Restrict or inhibit any other user from using and enjoying the Communication Services. 
  • Harvest or otherwise collect personally identifiable information about others, without their consent.
  • Violate any code of conduct or other guidelines, which may be applicable for any particular Communication Service.
  • Violate any applicable laws or regulations.

Although McKay Nursery has no obligation to monitor the Communication Services, we reserve the right, in our own discretion, to review and remove materials posted to a Communication Service, in whole or in part. McKay Nursery reserves the right to disclose any materials posted, information or activity as necessary to satisfy any applicable law, regulation, legal process, or governmental request. 

 

Links to Third Party Sites

McKay Nursery’s website may contain links to third party resources and businesses on the Internet, called here "links" or "Linked Sites." Those links are provided for your convenience to help you identify and locate other Internet resources that may be of interest to you. McKay Nursery does not sponsor and is not legally associated with any third party "linked sites." McKay Nursery may or may not be legally authorized to use any trade name, registered trademark, logo, official seal or copyrighted material that may appear in the link.

McKay Nursery does not control, endorse or monitor the contents of any Linked Site. That includes, without limitation, any further link contained in a Linked Site, and any changes or updates to a Linked Site. McKay Nursery is not responsible for webcasting or for any other form of transmission received from any Linked Site. These Terms do not cover your interaction with Linked Sites. You should carefully review the terms and conditions and privacy policies of any third party sites.

If you use any service provided on a Linked Site, (a) McKay Nursery will not be responsible for any act or omission of the third party, including the third party's access to or use of your customer data and (b) McKay Nursery does not warrant or support any service provided by the third party.

 

Limitation of Liability

Use of the McKayNursery.com Web site or any software application installed by you in connection with the use of this Web site, is at your sole risk. While McKayNursery.com makes reasonable efforts to ensure the safety and functionality of our Web site and any software applications associated with its Web site, these efforts may fail and errors may occur. IN NO EVENT SHALL MCKAYNURSERY.COM OR ANY OTHER PARTY INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THE CONTENT OF THIS SITE OR ANY SOFTWARE APPLICATION ASSOCIATED WITH THIS WEB SITE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, COMPUTER VIRUS OR SYSTEM FAILURE, OR LOSS OF DATA OR PROFITS, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS WEB SITE (OR THE CONTENT PROVIDED AT THIS WEB SITE ON ANY WEB SITE RELATED TO ANY THIRD PARTY), OR ANY SOFTWARE APPLICATION INSTALLED IN CONNECTION WITH THE USE OF THIS WEB SITE OR USERS' INABILITY TO USE THE CONTENT CONTAINED IN THIS WEB SITE (OR ANY OTHER WEB SITE), ON ANY THEORY OF LIABILITY. MCKAYNURSERY.COM WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED BY OR ARISING FROM YOUR RELIANCE ON THE CONTENT OF THIS SITE. THESE WAIVERS APPLY EVEN IF MCKAYNURSERY.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL MCKAYNURSERY.COM'S LIABILITY TO YOU FOR ANY DAMAGES, LOSSES, OR CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) EXCEED THE AMOUNT, IF ANY, PAID BY YOU TO MCKAYNURSERY.COM FOR ACCESSING THIS WEB SITE OR INSTALLING ANY SOFTWARE APPLICATION ASSOCIATED WITH THIS WEB SITE. OUR MAXIMUM LIABILITY TO YOU IF YOU PURCHASE GOODS FROM US WILL BE EQUAL TO THE PURCHASE PRICE YOU PAY FOR THE GOODS.

THE FOREGOING LIMITATIONS WILL APPLY EVEN IF ANY REMEDY PROVIDED UNDER THESE LEGAL TERMS AND CONDITIONS FAILS OF ITS ESSENTIAL PURPOSE.

Some states do not allow the exclusion of liability for consequential damages, so the above limitations may not apply to you in all cases.

 

Proprietary Rights 

Unless otherwise specified, you are granted a personal, non-exclusive, non-transferable, limited right to access, use, and display this Web site and the materials provided hereon for the purpose of obtaining and reviewing your account information. Specifically, you are granted permission to view or download a single copy of the material on the Web site solely to access our services, place orders, and review your account information. When content is downloaded to your computer, you do not obtain any ownership interest in such content, any modifications of the content, or any use of the content for any other purpose than that expressly permitted herein. Ownership of all such content shall at all times remain with McKayNursery.com or its licensors. McKayNursery.com and its licensors reserve all rights not expressly granted to you. Use of the copyrightable material on this Web site for any purpose not expressly authorized herein without the prior written permission of McKayNursery.com or its licensors is forbidden.

 

Trademarks

All trademarks, service marks, trade names, logos, and other designations (collectively the "Marks") are the sole property of McKayNursery.com or other third parties that have granted McKayNursery.com the right and license to use such Marks. Nothing contained on this Web site should be construed as granting any license or right to use any such Marks without the written permission of McKayNursery.com or such third party that may own the Marks displayed.