Terms of Use
Terms of Use
Sheridan Nurseries grants you permission to view and use Sheridan Nurseries’ website (the “Site”) including but not limited to Sheridan Nurseries’ Business to Business program. By using the Site and the products and services offered through it, you signify that you have read, understand and agree to be bound by these terms and conditions of use and all related policies, conditions and guidelines (the “Terms of Use”). Sheridan Nurseries’ reserves the right to change, modify, add, or delete portions of these Terms of Use at any time and in its sole discretion without further notice. The amended Terms of Use will be effective immediately upon posting on the Site. Your continued use of the Site after any such changes constitutes your acceptance of the revised Terms of Use.
Copyright and Trade-Marks
Copyright and Trade-Marks
You agree that all content included on the Site other than User Content, including but not limited to text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, textual downloads and software, is the property of Sheridan Nurseries’ and is protected by Canadian and international copyright law.
You agree that all of Sheridan Nurseries’ trademarks, trade names, service marks and other logos and brand features, and product and service names are the property of Sheridan Nurseries’ (the “Sheridan Nurseries’ Marks”). You agree not to display or use the Sheridan Nurseries’ Marks in any manner without Sheridan Nurseries’ prior written consent.
Privacy
Privacy
Access to your account is restricted to you and no external parties will have access. Sheridan Nurseries will not share any personal information and your contact information will only be used for Sheridan Nurseries communications and notifications.
Passwords
Passwords
You are responsible for safeguarding the password that you use to access Sheridan Nurseries and for any activities or actions under your password. We encourage you to use "strong" passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. Sheridan Nurseries shall not be liable for any loss or damage arising from your failure to comply with the above requirements.
Usernames
Usernames
Your username for Sheridan Nurseries is unique to you, and will be how people will identify you. Usernames must be appropriate and cannot contain any sort of profanity.
Disclaimer of Warranties and Limitation of Liability
Disclaimer of Warranties and Limitation of Liability
Except where expressly provided otherwise, the site, and all content provided on or through the site are provided on an “as is, where is” basis. Sheridan nurseries’ expressly disclaims all warranties of any kind, whether express or implied, or arising by statute, usage or trade, custom or otherwise, including but not limited to, the implied warranties of merchantability and fitness for a particular purpose with respect to the site and all content, materials, products or services provided on or through the site. You expressly agree that your use of this site, is at your sole risk.
In no event will Sheridan Nurseries be liable for any direct, indirect, incidental, special or consequential damages, or damages for loss of profits, revenue, data or goodwill, or damages relating to any other computer failure or malfunction incurred by you or any third party, whether in an action in contract or tort, arising from your access to, or use of, the site, including my garden, or any content provided on or through the site.
Some jurisdictions do not allow the disclaimer or exclusion of certain warranties or the disclaimer, exclusion or limitation of certain liabilities. To the extent that they are held to be legally invalid, disclaimers, exclusions, and limitations set forth in these terms of use, do not apply and all other terms shall remain in full force and effect.
Applicable Law
Applicable Law
You agree that these Terms of Use and the relationship between you and Sheridan Nurseries shall be governed by the laws of the province of Ontario and Canada without regard to its conflict of law provisions. You and Sheridan Nurseries agree to submit to the exclusive jurisdiction of the courts located within the province of Ontario.
Waiver and Severability of Terms of Use
Waiver and Severability of Terms of Use
The failure of Sheridan Nurseries to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.
We may assign our rights and obligations under these Terms of Use. These Terms of Use will inure to the benefit of our successors, assigns and licensees. The failure of either party to insist upon or enforce the strict performance of the other party with respect to any provision of these Terms of Use, or to exercise any rights under these Terms of Use, will not be construed as a waiver or relinquishment to any extent of such party’s right to assert or rely upon any such provision or right in that or any other instance; rather, the same will be and will remain in full force and effect.