TERMS OF USE You have accessed the Terms and Conditions applicable to the websites of Blue Mountain Landscape Supplies. The websites include bluemountainlandscapesupplies.com, bluemountainlandscapesupplies.net, bluemountainlandscapingsupplies.com, bluemountainlandscapingsupplies.net, and any additional websites owned and/or operated by Blue Mountain Landscape Supplies. PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY AS THEY GOVERN YOUR USE OF ANY AND ALL BLUE MOUNTAIN LANDSCAPE SUPPLIES WEBSITES. BY USING BLUE MOUNTAIN LANDSCAPE SUPPLIES WEBSITES, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, AND ANY SUPPLEMENTAL TERMS AND CONDITIONS THAT MAY GOVERN YOUR USE OF THE PARTICULAR BLUE MOUNTAIN LANDSCAPE SUPPLIES WEBSITE, AS THESE TERMS AND CONDITIONS MAY BE MODIFIED BY BLUE MOUNTAIN LANDSCAPE SUPPLIES FROM TIME-TO-TIME AND POSTED ON THIS OR THE APPLICABLE BLUE MOUNTAIN LANDSCAPE SUPPLIES WEBSITE. Each user of a Blue Mountain Landscape Supplies Website agrees as follows: 1. Copyrights and Other Intellectual Property. Except as otherwise noted in a Blue Mountain Landscape Supplies Websites, all information, documentation and other content posted in a Blue Mountain Landscape Supplies Website (collectively, the "Information") is the property of Blue Mountain Landscape Supplies. Without limiting the foregoing, the graphics, icons and overall appearance of the Blue Mountain Landscape Supplies Website are the property of Blue Mountain Landscape Supplies. The posting of Information does not constitute a waiver of any of Blue Mountain Landscape Supplies' proprietary rights in or related to such Information (such as, but not limited to, patents, copyrights and trademarks) or a transfer of any such rights to you or any third party. The Information is protected by U.S. and international copyright laws, both as individual works and as a collection. You agree not to delete any copyright or similar notice from any Information. You may not sell or republish, or copy for other than your own individual use, the Information or any portion thereof without the prior written consent of Blue Mountain Landscape Supplies. Written requests for reprint or other permissions should be mailed, faxed or emailed to: Legal Department Email: legal@bluemountainlandscapingsupplies.com 2. Links to Other Websites. Periodically, links may be established between a Blue Mountain Landscape Supplies Website and one or more websites operated or content provided by third parties. For purposes of these Terms and Conditions, the term "link" includes both outlinks (hypertext links to external websites or content) and inlinks (hypertext links that draw material from other sources into a Blue Mountain Landscape Supplies Website). Blue Mountain Landscape Supplies has no control over any such other websites, their contents or their operators and will have no liability arising out of or related thereto. The existence of any such links does not constitute an endorsement of such websites, the contents of the websites or the operators of the websites. Please note that each of these websites maintains its own privacy and data collection policies and procedures. If you visit a third party website that is linked to a Blue Mountain Landscape Supplies Website, Blue Mountain Landscape Supplies' privacy policies will no longer apply, and you should consult that site's privacy policy, if any. 3. Use of Blue Mountain Landscape Supplies' Corporate Logo and Other Marks. Blue Mountain Landscape Supplies names, logos, designs, slogans, trademarks and service marks may not be used in any advertising, publicity or promotion or in any other commercial manner without the prior written consent of Blue Mountain Landscape Supplies. Blue Mountain Landscape Supplies' corporate logo may be used as a web page link in some circumstances, provided you obtain Blue Mountain Landscape Supplies' prior written consent. 4. User Registration and Account Creation, User Name ID and Password Security. Should any portion of a Blue Mountain Landscape Supplies Websites provide for registration and the creation of a user account and you wish to register and create a user account, you agree that you will provide Blue Mountain Landscape Supplies with certain registration information, all of which will be accurate, truthful, and current. You agree that you will not: (i) select a username that, to your knowledge, is already used by another person; (ii) use a username in which another person has rights without such person's authorization; or (iii) use a username or password that Blue Mountain Landscape Supplies, in its sole discretion, deems offensive or inappropriate. Blue Mountain Landscape Supplies has no obligation to verify the authenticity of any registration information, but reserves the right to refuse to create your account for any reason, including an inability to verify the authenticity of your registration information. You are solely responsible for maintaining the confidentiality of your passwords. Blue Mountain Landscape Supplies will have the right to rely upon any information received from any person using a password assigned to you and will incur no liability arising out of such reliance. Blue Mountain Landscape Supplies reserves the right to terminate access to all or any portion of a Blue Mountain Landscape Supplies Websites in its sole discretion, at any time without notice. Where applicable for a specific Blue Mountain Landscape Supplies Website, Blue Mountain Landscape Supplies will handle user information that you submit in accordance with the website's Privacy Policy. 5. Designated Agent For Notice Of Alleged Copyright Infringement. Blue Mountain Landscape Supplies respects the intellectual property of others and we expect visitors to our web pages to do the same. Blue Mountain Landscape Supplies reserves the right, in its sole discretion, to remove, take down or delete material transmitted to Blue Mountain Landscape Supplies by any electronic means or posted into any portion of a Blue Mountain Landscape Supplies Website that Blue Mountain Landscape Supplies believes in its sole judgment may infringe on the intellectual property rights of Blue Mountain Landscape Supplies or others. If you believe that a Blue Mountain Landscape Supplies Website has been used to infringe your copyrighted work, please notify Blue Mountain Landscape Supplies as soon as the allegedly infringing activity comes to your attention. Notice should be provided to Blue Mountain Landscape Supplies' copyright notice agent in the manner prescribed below. Your notice should contain the following information and any other information you believe is appropriate to assist Blue Mountain Landscape Supplies: A physical or electronic signature of the person submitting the notice of the alleged infringed right. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single site are covered, a representative list of such works at that site. Identification of the material claimed to be infringing or to be the subject of infringing activity and that is to be removed or to which access should be disabled, and information reasonably sufficient to permit Blue Mountain Landscape Supplies to locate the material. Your address, telephone number, and if available, an electronic mail address at which you may be contacted, or other information reasonably sufficient to permit Blue Mountain Landscape Supplies to contact you. A statement that you, in good faith, believe that the use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law. A statement by you, made under penalty of perjury, that the
above information in your notice is accurate and that you
are the copyright or intellectual property owner or authorized
to act on the copyright or intellectual property owner's behalf. This notice is issued pursuant to the Online Copyright Infringement Liability Limitation Act (OCILLA) and will be interpreted by Blue Mountain Landscape Supplies to meet the requirements of OCILLA in Blue Mountain Landscape Supplies' judgment. 6. Third Party Products and Services. From time to time, products and services provided by third parties (the "Third Party Services") may be offered for sale or made available through or by links from a Blue Mountain Landscape Supplies Website. Except to the extent expressly stated otherwise on a Blue Mountain Landscape Supplies Website, Blue Mountain Landscape Supplies has no control over any such Third Party Services. In no event will Blue Mountain Landscape Supplies have any liability arising out of or related to the Third Party Services. Any such offer of the Third Party Services does not constitute an endorsement by Blue Mountain Landscape Supplies of the Third Party Services or the providers thereof. 7. Non-Confidentiality of Communications. If you send a message or information to a Blue Mountain Landscape Supplies Website, such as (but not limited to) an e-mail to the Webmaster, you hereby grant to Blue Mountain Landscape Supplies the right to read, use, distribute, disclose, store, keep and otherwise handle the communication and any related information as Blue Mountain Landscape Supplies deems appropriate in its sole judgment, except to the extent the Blue Mountain Landscape Supplies Website provides specific other protections for messages or other information in the Website privacy policy. YOU ARE HEREBY ADVISED THAT, EXCEPT TO THE EXTENT EXPRESSLY PROVIDED OTHERWISE ON A BLUE MOUNTAIN LANDSCAPE SUPPLIES WEBSITE, NO FACILITIES ARE PROVIDED AND NO PROVISIONS ARE MADE FOR SENDING OR RECEIVING CONFIDENTIAL COMMUNICATIONS. TO THE EXTENT SUCH FACILITIES ARE PROVIDED OR PROVISIONS ARE MADE, IT IS SOLELY ON AN "AS IS" BASIS, WITH NO WARRANTIES OF ANY KIND WHATSOEVER, EITHER EXPRESS OR IMPLIED. 8. No Warranties; Limitation of Liability. Although Blue Mountain Landscape Supplies attempts to provide useful Information, Blue Mountain Landscape Supplies does not guarantee that the Information is accurate, current or suitable for any particular purpose. Blue Mountain Landscape Supplies assumes no obligation to update or continue to post the Information. Blue Mountain Landscape Supplies does not guarantee that access to any Blue Mountain Landscape Supplies Website will be uninterrupted, that any Blue Mountain Landscape Supplies Website will be free of viruses or that a Blue Mountain Landscape Supplies Website cannot be tampered with by third parties. While Blue Mountain Landscape Supplies has implemented security measures designed to protect most information sent to the Blue Mountain Landscape Supplies Websites, Blue Mountain Landscape Supplies does not guarantee that information sent to a Blue Mountain Landscape Supplies Website will not be obtained, reviewed, disclosed or tampered with by third parties. THE BLUE MOUNTAIN LANDSCAPE SUPPLIES WEBSITES, THE INFORMATION AND ANY SOFTWARE RELATED THERETO ARE PROVIDED ON AN "AS IS" BASIS, WITH NO WARRANTIES OF ANY KIND WHATSOEVER, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF TITLE OR ACCURACY OR ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. USE OF THE BLUE MOUNTAIN LANDSCAPE SUPPLIES WEBSITES, THE INFORMATION AND SUCH SOFTWARE IS AT THE USER'S SOLE RISK. IN NO EVENT WILL BLUE MOUNTAIN LANDSCAPE SUPPLIES BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING OUT OF OR RELATED TO ANY BLUE MOUNTAIN LANDSCAPE SUPPLIES WEBSITE (INCLUDING, BUT NOT LIMITED TO ANY SOFTWARE RELATED THERETO), ANY WEBSITE OPERATED BY A THIRD PARTY OR ANY INFORMATION CONTAINED IN ANY BLUE MOUNTAIN LANDSCAPE SUPPLIES WEBSITE OR ANY OTHER WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, WHETHER UNDER A CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY, EVEN IF BLUE MOUNTAIN LANDSCAPE SUPPLIES IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES. 9. Choice of Law; Access Restrictions. These Terms and Conditions will be construed in accordance with the substantive laws of the Commonwealth of Pennsylvania, United States of America, excluding provisions of Pennsylvania law concerning choice-of-law that would result in the laws of any state other than Pennsylvania being applied. However, the Uniform Computer Information Transactions Act (or any substantially similar law enacted by Pennsylvania) will not apply to these Terms and Conditions, and instead the law of Pennsylvania as it exists without reference to the Uniform Computer Information Transactions Act will apply. BLUE MOUNTAIN LANDSCAPE SUPPLIES OPERATES THE BLUE MOUNTAIN LANDSCAPE SUPPLIES WEBSITES FROM ITS OFFICES IN THE STATE OF PENNSYLVANIA OF THE UNITED STATES OF AMERICA. BLUE MOUNTAIN LANDSCAPE SUPPLIES MAKES NO REPRESENTATION OR WARRANTY THAT THE INFORMATION IS APPROPRIATE OR LEGALLY AVAILABLE FOR DISTRIBUTION, DISPLAY OR USE IN LOCATIONS OTHER THAN THE UNITED STATES OF AMERICA, AND ACCESS TO THE INFORMATION FROM JURISDICTIONS WHERE SUCH ACTIVITIES ARE NOT LEGAL IS STRICTLY PROHIBITED. IF YOU ACCESS OR USE ANY INFORMATION FROM A BLUE MOUNTAIN LANDSCAPE SUPPLIES WEBSITE, YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT SUCH ACCESS AND USE IS PERMISSIBLE UNDER THE LAWS OF THE JURISDICTION IN WHICH YOU ARE LOCATED. 10. Export Laws. Software and encryption codes from the Blue Mountain Landscape Supplies Websites may be subject to United States export control laws and regulations ("Export Laws"). No software or encryption codes from may be downloaded from any Blue Mountain Landscape Supplies Website or otherwise exported or reexported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods; (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders; or (iii) in a manner that otherwise violates the Export Laws. By downloading or using any such software or encryption codes, you represent and warrant that you will comply with all applicable Export Laws related thereto. 11. Supplemental Terms and Conditions. Supplemental or different terms and conditions than those set forth in these Terms and Conditions may be applicable to information you receive or transactions you engage in using a Blue Mountain Landscape Supplies Website. Any such supplemental or different terms and conditions (i) will be disclosed to you, either by being posted on the applicable Blue Mountain Landscape Supplies Website or by being included in a separate agreement, (ii) will be in addition to these Terms and Conditions and (iii) may, where so indicated, expressly supersede specific portions of these Terms and Conditions. 12. General. The provisions of these Terms and Conditions are severable. If any such provision is determined to be unenforceable, such unenforceability will not affect any other provision of these Terms and Conditions, and the Terms and Conditions will be construed as if such unenforceable provision had not been contained herein. No waiver by Blue Mountain Landscape Supplies of any right under or provision of these Terms and Conditions will be deemed to be either a waiver of any other such right or provision or a waiver of that same right or provision at any other time. |