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Terms of Use

THESE TERMS AND CONDITIONS (“TERMS OF USE”) SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE WEBSITE AT WWW.BROWNSNURSERY.COM (THE “WEBSITE”) WHICH IS OWNED BY A. BROWN & SONS NURSERY, INC. (“BROWNS NURSERY”). PLEASE READ THE TERMS OF USE CAREFULLY BEFORE USING THE WEBSITE.

The use of this website in any way, including but not limited to visiting the Website, you  agree to be bound by the Terms of Use.

Prohibited Activities

You agree to use the Website only for lawful purposes. You agree that you will not:

(a) Interfere or attempt to interfere with the proper working of the Website or any activities conducted on the Website or use code of a destructive nature to tamper with or in attempt to tamper with the Website or collect personal information 

(b) Reprint, republish, or distribute in any way any information or materials on the Website.
(c) Use the information on the Website for unsolicited commercial messages.
(d) Provide any false, inaccurate or misleading information.
(e) Be defamatory, obscene, indecent, unlawfully threatening or unlawfully harassing.
(f) Provide our password to anyone else.
(g) Take any action that imposes, or may impose, at A. Brown & Sons Nursery, Inc's sole discretion, an burdensome load on the Website.
(h) Access the Website for any purpose using any automated means 
 

Browns Nursery's Intellectual Property

Copyright


The Website and all of the content, including but not limited to: writing, images on the Website, graphics (the “Content”) are protected by U.S. and/or foreign copyright laws, and belong to Browns Nursery or contributors. The copyrights in the Content are owned by Browns Nursery or other  owners who have authorized their use on the Website. 
 

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Disclaimer of Website Warrant

 

BROWNS NURSERY DOES NOT WARRANT THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE OF ANY ERROS, OR THAT MISTAKES WILL BE CORRECTED. BROWNS NURSERY DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT OR WEBISTE MATERIALS. THE WEBSITE AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

Limitation of Liability


IN NO EVENT WILL A. BROWN & SONS NURSERY, INC.  BE LIABLE FOR ANY DAMAGES WHATSOEVER, EVEN IF BROWNS NURSERY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE NOT HAPPY WITH THE WEBSITE, OR WITH THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.

BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, BROWNS NURSERY'S LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW. YOU AGREE AND ACKNOWLEDGE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND WARRANTY PROVIDED IN THESE TERMS OF USE ARE FAIR AND REASONABLE.

Links


Links on the Website to third-party web sites or information are provided solely as a convenience to you. Such links do not constitute or imply an endorsement, sponsorship, or recommendation by JNI of the third party, the third-party web site, or the information contained therein. JNI is not responsible or liable for any such web site or the content thereon. If you decide to access such web sites or the content thereon, you do so at your own risk.

Linking to the Website


Unless specifically authorized by JNI, you may not create links to the Website that bypass the home page or other parts of the Website. You may not mirror or frame the Website on any other web site.

Indemnification
You understand and agree that you are personally responsible for your behavior on the Website. You agree to indemnify, defend and hold harmless JNI and JNI affiliates and their affiliates, members, officers, directors, agents and employees from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of your use, misuse, or inability to use the Website or the Content, or any violation by you of the Terms of Use.

Choice of Law/Choice of Forum


The Terms of Use will be governed by and interpreted in accordance with the laws of the State of Wisconsin, without regard to any conflict of laws provisions. You agree that any legal action or proceeding between JNI and you for any purpose concerning the Terms of Use or your use of the Website or the Content shall be brought exclusively in a federal or state court of competent jurisdiction in Wisconsin.

Severability
If any part of the Terms of Use is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not impact any other provision of the Terms of Use, all of which will remain in full force and effect.

Assignment
JNI may assign its rights and duties under the Terms of Use to any party at any time without notice to you. Your rights and duties under the Terms of Use are not assignable by you without written consent of JNI.

Entire Agreement/No Waiver
These Terms of Use constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by JNI of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

Limitation of Liability


IN NO EVENT WILL A. BROWN & SONS NURSERY, INC.  BE LIABLE FOR ANY DAMAGES WHATSOEVER, EVEN IF BROWNS NURSERY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE NOT HAPPY WITH THE WEBSITE, OR WITH THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.

BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, BROWNS NURSERY'S LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW. YOU AGREE AND ACKNOWLEDGE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND WARRANTY PROVIDED IN THESE TERMS OF USE ARE FAIR AND REASONABLE

Changes to our Terms of Use

A. Brown & Sons Nursery, Inc. has the right to change the terms of use to the Website without notice. Your continued use of the Website following any modification to these Terms of Use shall be deemed an acceptance of such modification. These terms were last modified in 2023.

Contacting Us
If there are any questions regarding the Terms of Use you may contact us using the information below.

A. Brown & Sons Nursery, Inc.
PO Box 427 
Phillipsburg, Oh 45354
sales@brownsnursery.com
 

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