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Terms of Service for TennesseeDaylilies.com By Gloria O!
* Introduction This is here to answer many of your questions that you may have. Also, it explains how all interactions between you and TennesseeDaylilies.com are conducted. By using and/or viewing TennesseeDaylilies.com you are agreeing to abide by the terms of service located below and acknowledge that the Terms of Service may be updated from time to time without notice to you. Please read our Terms of Service carefully and review them periodically to be informed of any changes that may occur. Our Terms of Service is in place to protect TennesseeDaylilies.com, TennesseeDaylilies.com Owners, TennesseeDaylilies.com Members, TennesseeDaylilies.com Users, and all others who come into contact with TennesseeDaylilies.com. If you become aware of violations to TennesseeDaylilies.com Terms of Service by anyone, or have any questions concerning these Terms of Service, then contact us immediately by using any contact us link.
TennesseeDaylilies.com Web Site (the "Service") is an online information service and online retailer. Through out this agreement the word "We", the word "Our", and the word "Us" will represent TennesseeDaylilies.com and will also represent TennesseeDaylilies.com affiliates, and all owners of these companies. Any of the afore mentioned companies or owners can enforce any part of this agreement and are bound by it. The word "You", "Visitor", "Customer", "Signatory", "User", and "Member" will represent the user of this service. You agree that you will be in compliance with the terms and conditions set forth below including, all exhibits hereto. All logo designs and slogans used on this web site are registered trademarks of TennesseeDaylilies.com, or their appropriate company and/or owner in the United States and other countries. Other marks which appear on this Web site may be marks of third parties that are not affiliated with TennesseeDaylilies.com. We do not control or endorse the content of third party Web sites. Please read this Agreement carefully before accessing or using the Service. By accessing or using the Service, you agree to be bound by the terms and conditions set forth below. If you do not wish to be bound by these terms and conditions, you may not access or use the Service. We may modify this Agreement at any time, and such modifications shall be effective immediately upon posting of the modified Agreement. You agree to review the Agreement periodically to be aware of such modifications and your continued access or use of the Service shall be deemed your conclusive acceptance of the modified Agreement. We accept the following payment methods. All funds must be negotiable for U.S. currency. Payment accepted in U.S. drawn funds only: Money Orders, Checks, and Paypal. We reserve and use the right to collect money, services, and properties by all legal means necessary that is owed to us. If a check is used and it does not clear upon first presentation, then the signatory on the check will be held liable for the following: * The full amount of the
bad check, Shipping charges will be $12.00 for the first four orders, and $0.50 for each additional order.Shipping will be with UPS or priority mail and should be at your door in 2-3 days. You understand that it may take longer to arrive due to postal delays, and will hold Us harmless, when this occurs. A confirmation email will be sent to you on the day your order is shipped. We are not responsible for misdirected mail, late mail, nor stolen mail. 5. Warranties, Returns, and Refunds Unless otherwise stated, all items and information offered, whether by free or being paid for are "AS IS " and carry no warranty , nor guarantee from us and is non-returnable.You agree to hold TennesseeDaylilies.com and its agents harmless for any mistakes or ommissions in the description and/or pictorial representations and/or the price listed of the items and/or information on this website. We have tried to our best ability to keep all this information, pricing, and the pictorial content truthful, but you understand that a mistake may have been made and will hold us harmless. Please notify us immediately if you discover a mistake. We will then research the mistake, determine if it is an actual mistake, and then correct any actual mistake, within a reasonable time we see fit. If you feel the item is not in the condition as advertised, then please contact us. We will try and remedy the request but are not obligated to do so. 6. Ideas, & Submissions to TennesseeDaylilies.com You agree
to grant to
TennesseeDaylilies.com and/or its affiliates and/or its respective
owners a non-exclusive, royalty free, worldwide, perpetual license,
with the right to reproduce, distribute, transmit, create derivative
works of, publicly display and publicly perform any materials and other
information (including, without limitation, ideas contained therein for
new or improved products and services) you submit to public areas of
the Service (including but not limited to: bulletin boards, forums,
emails, written letters, by voice, and news groups) by all means and in
any media now known or hereafter developed. You also grant to us
the right to use your name in connection with the submitted materials
and other information as well as in connection with all advertising,
marketing and promotional material related thereto (We may or may not,
at our discretion, use your name when these actions are taken). You
further agree that you shall have no recourse against
TennesseeDaylilies.com and/or its affiliates and/or its respective
owners for any alleged or actual infringement or misappropriation of
any proprietary right in your communications to us. These terms and conditions of use along with
any issue dealing with
TennesseeDaylilies.com and/or its affiliates and/or respective owners
shall be governed by and construed in
accordance with the laws of the County of Montgomery in the State of
Tennessee and the laws of the State of Tennessee, without regard
to conflicts of laws provisions. This furthur includes but is not
limited to the following arbitration agreement.
You hereby agree that any and all claims or controversies between you and the Service, TennesseeDaylilies.com and/or affliates and/or owners, including claims for breach of contract, tort, and any violation of any state or federal law shall be resolved by arbitration in accordance with the American Arbitration Association. The Arbitrator shall be selected form a panel provided by the American Arbitration Association. You agree that the site of the arbitration shall be in the city of Clarksville of the County of Montgomery of the State of Tennessee. If any party prevails on a statutory claim which affords the prevailing party attorneys' fees, then the arbitrator may award reasonable attorneys' fees and costs to the prevailing party. YOU UNDERSTAND AND AGREE THAT THIS AGREEMENT TO ARBITRATE CONSTITUTES A WAIVER OF YOUR RIGHT TO A TRIAL BY JURY OF ANY MATTERS SUBJECT TO ARBITRATION UNDER THIS AGREEMENT. If the matter is beyond the legal scope of
arbitration, then the
sole and exclusive jurisdiction for any action or proceeding arising
out of or related to these terms and conditions of use along with any
issue dealing with TennesseeDaylilies.com and/or its affiliates and/or
respective owners shall be an appropriate State or Federal court
presiding over Montgomery County in the State of Tennessee and you
hereby irrevocably consent to the jurisdiction of such courts. You agree to defend,
indemnify, and hold
us harmless immediately on demand, from all liabilities, claims, costs,
and expenses, including attorneys fees, that arise with your use of
TennesseeDaylilies.com and any dealings with TennesseeDaylilies.com or
from your violation of applicable law (except whereas directed by an
appropiate court or arbitrator as outlined in this agreement). We may
assign its rights and duties under this Agreement to any party at any
time without notice to you. If any part of this Terms of Service
are found unlawful, void, or for any reason unenforceable, then that
provision will be considered severable from the remaining Terms of
Service, and will not affect the validity and enforceability of the
remaining provisions. |
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