Use of the Site.

You understand that, except for information, products or services clearly identified as being supplied by “Maple Lane Nursery ”  does not operate, control or endorse any information, products or services on the Internet in any way. Except for “Maple Lane Nursery ” identified information, products or services, all information, products and services offered through the Site or on the Internet generally are offered by third parties, that are not affiliated with “Maple Lane Nursery ” . You also understand that “Maple Lane Nursery ”  cannot and does not guarantee or warrant that files currently available or that may be available in the future for downloading through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.

YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE, THE INFORMATION IT CONTAINS AND THE INTERNET. “MAPLE LANE NURSERY” PROVIDES THE SITE AND RELATED INFORMATION "AS IS" AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND “MAPLE LANE NURSERY”SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY. “MAPLE LANE NURSERY” DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED.

YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS UNEDITED MATERIALS. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK. “MAPLE LANE NURSERY” HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.

LIMITATION OF LIABILITY

IN NO EVENT WILL “MAPLE LANE NURSERY” BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF “MAPLE LANE NURSERY” OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, “MAPLE LANE NURSERY” LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

“Maple Lane Nursery” makes no representations whatsoever about any other web site which you may access through this one or which may link to this Site. When you access a non-”Maple Lane Nursery” web site, please understand that it is independent from “Maple Lane Nursery”, and that “Maple Lane Nursery” has no control over the content on that web site. In addition, a link to a “Maple Lane Nursery” web site does not mean that “Maple Lane Nursery” endorses or accepts any responsibility for the content, or the use, of such web site.

3. Indemnification.

You agree to indemnify, defend and hold harmless “Maple Lane Nursery”, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing the Service.

4. Third Party Rights.

The provisions of paragraphs 2 (Use of the Service), and 3 (Indemnification) are for the benefit of “Maple Lane Nursery” and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Service. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.

5. Copyright Notice

This website and its content is copyright of “Maple Lane Nursery” - © “Maple Lane Nursery Inc.” 2006. All rights reserved.

Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following:

·        you may print or download to a local hard disk extracts for your personal and non-commercial use only

·        you may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material

You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.

6. Privacy Policy

This privacy policy sets out how “Maple Lane Nursery” uses and protects any information that you give “Maple Lane Nursery” when you use this website.

“Maple Lane Nursery” is committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this website, then you can be assured that it will only be used in accordance with this privacy statement.

“Maple Lane Nursery” may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes. This policy is effective from March 1^st, 2009.

7. What we collect

We may collect the following information:

·        name and job title

·        contact information including email address

·        demographic information such as post code, preferences and interests

·        other information relevant to customer surveys and/or offers

8. What we do with the information we gather

We require this information to understand your needs and provide you with a better service, and in particular for the following reasons:

·        Internal record keeping.

·        We may use the information to improve our products and services.

·        We may periodically send promotional email about new products, special offers or other information which we think you may find interesting using the email address which you have provided. 

·        We may use the information to customise the website according to your interests.

9. Controlling your personal information

You may choose to restrict the collection or use of your personal information in the following ways:

·        whenever you are asked to fill in a form on the website, look for the box that you can click to indicate that you do not want the information to be used by anybody for direct marketing purposes

·        if you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by writing to or emailing us at [email address]

We will not sell, distribute or lease your personal information to third parties ever. We may use your personal information to send you promotional information from us which we think you may find interesting if you tell us that you wish this to happen.

You may request details of personal information which we hold about you under the Data Protection Act 1998.

If you believe that any information we are holding on you is incorrect or incomplete, please write to or email us as soon as possible,  we will promptly correct any information found to be incorrect.

10. Access to Password-Protected or Secure Areas

“Maple Lane Nursery” may restrict some areas of the Site to authorized users only. Access to and use of areas of the Site that are password-protected and/or secure is restricted to such authorized users only. Unauthorized individuals attempting to access these areas may be subject to civil liability and criminal penalties.

11. Security

We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.

12. How we use cookies

A cookie is a small file which asks permission to be placed on your computer's hard drive. Once you agree, the file is added and the cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.

Overall, cookies help us provide you with a better website but in no way gives us access to your computer or any information about you, other than the data you choose to share with us.

You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.

.13. Links to other websites

Our website may contain links to enable you to visit other websites of interest easily. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.

14. Term; Termination.

This Agreement may be terminated by either party without notice at any time for any reason. The provisions of paragraphs 1 (Copyright, Licenses and Idea Submissions), 2 (Use of the Service), 3 (Indemnification), 4 (Third Party Rights) and 15 (Miscellaneous) shall survive any termination of this Agreement.

15. Miscellaneous.

This Agreement shall all be governed and construed in accordance with the laws of the state of New York applicable to agreements made and to be performed in New York. You agree that any legal action or proceeding between “Maple Lane Nursery” and you for any purpose concerning this Agreement or the parties' obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in New York. Any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. “Maple Lane Nursery’s” failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. “Maple Lane Nursery” may assign its rights and duties under this Agreement to any party at any time without notice to you.

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