Site Terms and Conditions of Use
1. User's Acknowledgment and Acceptance of Terms
needhamsnursery.com ("Us" or "We") provides the needhamsnursery.com site and various related
services (collectively, the "site") to you, the user, subject to your compliance with all the terms,
written agreement between us and you. In addition, when using particular services or materials on this
site, users shall be subject to any posted rules applicable to such services or materials that may contain
DISSATISFACTION WITH THIS SITE, OR ANY PRODUCTS, SERVICES, CONTENT, OR OTHER INFORMATION
AVAILABLE ON OR THROUGH THIS SITE, IS TO STOP USING THE SITE AND/OR THOSE PARTICULAR
PRODUCTS OR SERVICES. YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH THESE TERMS OF
USE BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF THIS SITE.
of Use from time to time without notice to you. You acknowledge and agree that it is your responsibility
modifications. Your continued use of this site after such modifications will constitute acknowledgement
companies, officers, directors, suppliers, partners, sponsors, and advertisers, and includes (without
limitation) all parties involved in creating, producing, and/or delivering this site and/or its contents.
2. Description of Services
We make various services available on this site including, but not limited to, selling nursery supplies
online. You are responsible for providing, at your own expense, all equipment necessary to use the
services, including a computer, modem, and Internet access (including payment of all fees associated
with such access).
We reserve the sole right to either modify or discontinue the site, including any of the site’s features,
at any time with or without notice to you. We will not be liable to you or any third party should we
exercise such right. Any new features that augment or enhance the then-current services on this site
3. Registration Data and Privacy
In order to access some of the services on this site, you will be required to use an account and password
that can be obtained by completing our online registration form, which requests certain information
and data ("Registration Data"), and maintaining and updating your Registration Data as required. By
registering, you agree that all information provided in the Registration Data is true and accurate and
that you will maintain and update this information as required in order to keep it current, complete, and
4. Conduct on Site
Your use of the site is subject to all applicable laws and regulations, and you are solely responsible
for the substance of your communications through the site. By posting information in or otherwise
using any communications service, chat room, message board, newsgroup, software library, or other
interactive service that may be available to you on or through this site, you agree that you will not
upload, share, post, or otherwise distribute or facilitate distribution of any content -- including text,
communications, software, images, sounds, data, or other information -- that:
a. is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of
another’s privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including
but not limited to sexual language of a violent or threatening nature directed at another individual or
group of individuals), or otherwise violates our rules or policies;
b. victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of
religion, gender, sexual orientation, race, ethnicity, age, or disability;
c. infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary
right of any party;
d. constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as "spamming"),
chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
e. contains software viruses or any other computer code, files, or programs that are designed or
intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications
equipment or to damage or obtain unauthorized access to any data or other information of any third
f. impersonates any person or entity, including any of our employees or representatives.
In addition, you may not use your account to breach security of another account or attempt to gain
unauthorized access to another network or server. Not all areas of the site may be available to you or
other authorized users of the site. You shall not interfere with anyone else’s use and enjoyment of the
site or other similar services. Users who violate systems or network security may incur criminal or civil
You agree that we may at any time, and at our sole discretion, terminate your membership, account,
or other affiliation with our site without prior notice to you for violating any of the above provisions. In
addition, you acknowledge that we will cooperate fully with investigations of violations of systems or
network security at other sites, including cooperating with law enforcement authorities in investigating
suspected criminal violations.
5. Intellectual Property Information
Copyright (c) 2/19/13 needhamsnursery.com All Rights Reserved.
software, photos, video, graphics, music, sounds, and other material and services that can be viewed by
users on our site. This includes message boards, chat, and other original content.
this site is protected by copyrights, trademarks, service marks, patents or other proprietary rights and
laws, and is the sole property of needhamsnursery.com and/or its Affiliates. You are only permitted to
use the content as expressly authorized by us or the specific content provider. Except for a single copy
made for personal use only, you may not copy, reproduce, modify, republish, upload, post, transmit,
or distribute any documents or information from this site in any form or by any means without prior
written permission from us or the specific content provider, and you are solely responsible for obtaining
permission before reusing any copyrighted material that is available on this site. Any unauthorized use
of the materials appearing on this site may violate copyright, trademark and other applicable laws and
could result in criminal or civil penalties.
Neither we or our Affiliates warrant or represent that your use of materials displayed on, or obtained
through, this site will not infringe the rights of third parties. See "User’s Materials" below for a
description of the procedures to be followed in the event that any party believes that content posted
on this site infringes on any patent, trademark, trade secret, copyright, right of publicity, or other
proprietary right of any party.
The following are registered trademarks, trademarks or service marks of needhamsnursery.com or
its Affiliates: Trademark area. All custom graphics, icons, logos and service names are registered
trademarks, trademarks or service marks of needhamsnursery.com or its Affiliates. All other trademarks
any right to use any trademark, service mark, logo, and/or the name of needhamsnursery.com or its
6. Unauthorized Use of Materials
whether by electronic mail, post, or other means, for any reason, will be treated as non-confidential
and non-proprietary. While you retain all rights in such communications or material, you grant us and
our agents and affiliates a non-exclusive, paid-up, perpetual, and worldwide right to copy, distribute,
display, perform, publish, translate, adapt, modify, and otherwise use such material for any purpose
regardless of the form or medium (now known or not currently known) in which it is used.
Please do not submit confidential or proprietary information to us unless we have mutually agreed in
writing otherwise. We are also unable to accept your unsolicited ideas or proposals, so please do not
submit them to us in any circumstance.
We respect the intellectual property of others, and we ask you to do the same. If you or any user of this
site believes its copyright, trademark or other property rights have been infringed by a posting on this
site, you or the user should send notification to our Designated Agent (as identified below) immediately.
To be effective, the notification must include:
a. Identify in sufficient detail the copyrighted work that you believe has been infringed upon or other
information sufficient to specify the copyrighted work being infringed).
b. Identify the material that you claim is infringing the copyrighted work listed in item #1 above.
c. Provide information reasonably sufficient to permit us to contact you (email address is preferred).
d. Provide information, if possible, sufficient to permit us to notify the owner/administrator of the
allegedly infringing webpage or other content (email address is preferred).
e. Include the following statement: "I have a good faith belief that use of the copyrighted materials
described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law."
f. Include the following statement: "I swear, under penalty of perjury, that the information in the
notification is accurate and that I am the copyright owner or am authorized to act on behalf of the
owner of an exclusive right that is allegedly infringed."
g. Sign the paper.
h. Send the written communication to the following address:
12425 Lebanon Rd
Mt. Juliet, TN 37122
Designated Agent for Claimed Infringement: Tom Needham
You acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may
immediately remove the identified materials from our site without liability to you or any other party
and that the claims of the complaining party and the party that originally posted the materials will be
referred to the United States Copyright Office for adjudication as provided in the Digital Millennium
7. Disclaimer of Warranties
ALL MATERIALS AND SERVICES ON THIS SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS
WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE
WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY
THAT (A) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES AND
MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY
BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR
RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR
OBTAINED BY YOU FROM THE SITE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR
BE FREE FROM MISTAKES, ERRORS OR DEFECTS.
THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL
ERRORS. WE MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS SITE, INCLUDING THE
PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE
MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO
UPDATE SUCH MATERIALS OR SERVICES.