Please read these terms of use carefully before using the site.
These Terms of Use govern the services made available to you by Kinney Nursery & Topsoil (“we,” “us” or “our”). By accessing or using this website or other Kinney Nursery & Topsoil product or service (collectively, the “Site”), you signify that you have read, understand and agree to be bound by these Terms of Use and any other applicable law. If you do not agree to these Terms of Use, please do not use the Site. Your continued use of the Site will constitute receipt of notice and acceptance of any such changes.
Warranty Disclaimer
The Site and the services sold on or through the Site are provided AS IS, AS AVAILABLE and without warranties of any kind. You use the Site at your own risk. With respect to the Site, content, and services sold on or through the Site, to the fullest extent permitted by law, we disclaim all warranties, express, implied or statutory, including, but not limited to, implied warranties of title, quality, performance, merchantability, fitness for a particular purpose, accuracy, title and non-infringement. Without limiting the foregoing, we do not warrant that (i) the Site or other services will meet your specific requirements or desired results, (ii) the Site will be uninterrupted, error-free, timely or secure, (iii) any defects will be corrected, (iv) the Site is free of viruses or anything else harmful, or (v) the results obtained from the use of the Site will be accurate or reliable. To the fullest extent permitted by law, we do not make any warranties or representations regarding the use of materials, Site Content or User Content or items placed for display in terms of their correctness, accuracy, adequacy, timeliness, reliability, completeness or otherwise. You understand and agree that you download or otherwise obtain Site content at your own risk, and that you will be solely responsible for your use of and any damage to any device on which you access the Site, including loss of data or other harm of any kind that may result. We reserve the right to change any and all Site content and other items used or contained in the Site at any time without notice. No advice or information, whether oral or written, obtained by you from us or through the Site will create any warranty not expressly stated herein.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Kinney Nursery & Topsoil SHALL NOT BE LIABLE TO YOU OR ANYONE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOST PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (REGARDLESS OF WHETHER WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), HOWEVER CAUSED, WHETHER BASED ON CONTRACT, NEGLIGENCE, STRICT LIABILITY IN TORT, WARRANTY OR ANY OTHER LEGAL THEORY, ARISING OUT OF OR RELATED TO (I) THE USE OR THE INABILITY TO USE THE SITE; (II) THE SITE CONTENT OR THE CONDUCT OF OTHER SITE USERS OR THIRD PARTIES; (III) THE PERFORMANCE OF THE SERVICES PURCHASED THROUGH THE SITE; (IV) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES RESULTING FROM ANY DATA, INFORMATION OR SERVICES OBTAINED, MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (V) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA; (VI) TERMINATION OR DOWNGRADING OF YOUR ACCOUNT; OR (VII) ANY OTHER MATTER RELATING TO THE SITE OR ANY OF OUR OTHER SERVICES. OUR MAXIMUM CUMULATIVE LIABILITY AND YOUR EXCLUSIVE REMEDY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE TERMS OF USE, USE OF THE SITE OR SITE CONTENT IS THAT YOU STOP USING THE SITE. IF WE ARE FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH IS IN ANY WAY CONNECTED WITH YOUR USE OF THE SITE, OUR LIABILITY SHALL NOT EXCEED U.S. $100.00.
Indemnification
You agree to indemnify, defend and hold harmless Kinney Nursery & Topsoil, its affiliates, officers, directors, employees, agents and licensors from and against all losses, liabilities, costs (including without limitation attorneys’ fees), damages, judgments and claims, of every kind and nature, arising from or relating in any way to your use of the Site, your conduct in connection with the Site or your violation of these Terms of Use, any law, or the rights of any third party.
Changes to Site
Kinney Nursery & Topsoil may change or modify the information, services, materials and any other resources contained on or accessible through this Site, or discontinue this Site altogether, at any time without notice. Kinney Nursery & Topsoil may modify the Terms of Use at any time, and such modifications shall be effective immediately upon posting of the modified Terms of Use. Accordingly, you agree to review the Terms of Use periodically, and your continued use of this Site shall be deemed your acceptance of the modified Terms of Use.
Your Obligations
You agree to use this Site only for lawful purposes. Any conduct by you that, in our sole discretion, restricts, inhibits or interferes with the ability of any other user to enjoy the Site will not be tolerated, including by means of hacking or defacing any portion of the Site, or by engaging in spamming, flooding or other disruptive activities. You are strictly prohibited from communicating on or through the Site any unlawful, harmful, offensive, threatening, abusive, libelous, harassing, defamatory, vulgar, obscene, profane, hateful, fraudulent, sexually explicit, racial, ethnical or otherwise objectionable material of any sort, including, but not limited to, any material that encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, federal, or international law. We reserve the right to terminate or suspend your access to and use of the Site, or parts of the Site, without notice, if we believe, in our sole discretion, that you have violated any applicable law or your use is harmful to our interests or the interests, including intellectual property or other rights, of another user or other third-party partners, affiliates, sponsors, providers, licensors or merchants.
These Terms of Use are effective until terminated by either party. If you no longer agree to be bound by these Terms of Use, you must cease your use of the Site. Your use of the Site is at your sole risk. If you are dissatisfied with the Site, its content or any of these Terms of Use, your sole and exclusive legal remedy is to discontinue using the Site.
Trademark and Copyright Notice
All the content on the Site is subject to trademark, service mark, copyright and/or other intellectual property rights held by Kinney Nursery & Topsoil. All title and full intellectual property rights protected by U.S. or international copyright laws are reserved for any materials downloaded or otherwise received from the Site. Trademark or copyright notices may not be deleted or altered in any way. Trademarks and copyrights may not be used in connection with any third-party services.
Kinney Nursery & Topsoil grants you a license that is non-exclusive and non-transferable, with a limited right to access, use and display the Site and the informational materials contained in the Site. You agree not to interrupt or attempt to interrupt the operation of the Site in any way. Except as provided above or as permitted by the fair use privilege under U.S. copyright laws (17 U.S.C. section 107), you may not upload, post, reproduce or distribute in any way content protected by copyright, or other proprietary right, without obtaining express permission of the owner of the copyright or other proprietary right. No title, rights or interests in any downloaded materials from the Site are afforded you as a result of such downloading for personal, non- commercial use. You acknowledge that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed.
Proprietary Rights
Kinney Nursery & Topsoil owns all the content on the Site, including text, graphics, legends, customized graphics, original photographs, data, images, music, audio and video clips, typefaces, titles, button icons, logos, designs, words and phrases, page headers and software as well as the design, coordination, arrangement, enhancement and presentation of this material.
Copying, publishing, broadcasting, re-broadcasting, webcasting, transmitting, modifying, deleting, augmenting, distributing, downloading, storing, reproducing, sublicensing, adapting or creating derivative works of this content, or posting this content or selected portions of this content in any manner on any network computer, broadcast media or other technologies existing now or hereinafter developed for unauthorized publication or commercial use without the prior written consent of Kinney Nursery & Topsoil are strictly prohibited. You hereby agree not to reproduce, duplicate, copy, sell, resell, decompile, disassemble or exploit for any commercial purposes any portion of the Site, use of the Site or access to the Site, or to collect any information about Site visitors or registered users of the Site.
Electronic Communications
When you send emails to us, you are communicating with us electronically and consent to receive return communications, if any, from us electronically. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Links to Other Sites
The Site may contain links to sites owned or operated by independent third parties. These links are provided for your convenience and reference only. We do not control such sites and, therefore, we are not responsible for any content posted on these sites. Links should not be construed in any way as an endorsement, authorization or sponsorship of that site or its content. Some sites employ automated search results or otherwise link you to sites containing information that may be deemed inappropriate or offensive, and we cannot be held responsible for the accuracy, copyright compliance, legality or decency of material contained in third-party sites; you hereby irrevocably waive any claim against us with respect to such sites.
General Information
In addition to the rights and privileges described in the terms, conditions and policies outlined above, we further reserve the right to electronically monitor areas of our Site and may disclose any content, records or electronic communication of any kind if required to do so by any law, regulation or government request, if such disclosure is necessary or appropriate to operate the Site, or to protect our rights or property, or the rights of the users, partners, affiliates, sponsors, providers, licensors or merchants. If alerted to allegedly infringing, defamatory, damaging, illegal or offensive content, we may investigate the allegation and determine in our sole discretion whether to remove or request the removal of such content from the Site. Quality customer service is our top priority. References to or descriptions of services on the Site should not be interpreted as endorsements of such services. Price, quantity and availability of any service are subject to change without notice.
We control the Site from our corporate offices within the United States. By accessing and using the Site you agree that such access and use is subject to the terms, conditions and policies outlined above as well as applicable laws, as governed and interpreted pursuant to the laws of the state of California. Our failure to insist upon strict performance of any provision of these terms, conditions and policies will not be construed as an implicit waiver of any provision or right.
If any part of this agreement is ruled to be unenforceable, then such part shall be severed, with the remainder of the agreement remaining in full force and effect. These terms, conditions and policies constitute the entire agreement between you and Kinney Nursery & Topsoil governing your use of the Site. Your use of the Site is also subject to our Privacy Policy.
PRIVACY POLICY
Commitment to Privacy
This Privacy Policy is designed to assist you in understanding how we collect, use and safeguard any data and personal information we receive or that you provide to us. This Privacy Policy is also designed to assist you in making informed decisions when using our site, products and services. The policy outlines our practices in:
Collecting information about you;
Using and protecting information that we collect;
Sharing information that we collect;
Receiving your feedback about our privacy practices; and
Communicating policy changes.
Read on to learn how we use data and your personal information and the choices you have regarding our use of, and your ability to review and correct, the information.
Changes to This Privacy Policy
We may change this Privacy Policy at any time to update it for changes in law, regulations or our business practices and policies by taking one or more of the following actions: posting a notice of the changes for a reasonable time period at appropriate pages on our Site, or mailing or emailing you a notice of the change, both of which will be sent to the contact address associated with your registration. Your continued use of the Site after we post or send you notice of the changes will be considered your acceptance of the changes and the revised Privacy Policy. Contact us at 530-839-2196 if you have questions about the changes.
Information We Collect
Kinney Nursery & Topsoil may collect different types of personal or other information when you visit the Site, place orders with us or use our mobile services. You consent to our collection, transfer and storage of your information as described below.
1. Information Provided to Us
We collect and store any personal information you provide to us. Such personal information may include your name, phone number, email and physical address, credit card number and other information. You can choose not to provide us with certain information, but this may limit your ability to take advantage of some services or features we offer.
2. Information We Collect from You
We may automatically collect and store various types of non-personal information when you interact with our services. Non-personal information we may collect includes, but is not limited to, information on our server logs from your browser including your IP address, cookie information, device hardware information, browser type and language, system type, whether you have enabling software to access certain features, referring website URLs, information about your purchases and other information about your interactions with us. This information helps us keep you logged in, remember your preferences, confirm delivery of email communications and generally observe how people are using our services, but it cannot identify you unless you link it to your personal information.
3. Children’s Privacy
Kinney Nursery & Topsoil takes special care to protect the safety and privacy of children. Our websites are general audience sites. We do not intend to nor knowingly collect personal information from children under the age of 13. It is our policy, in compliance with the requirements of the Children’s Online Privacy Protection Act (COPPA), not to collect information online about or from children age 13 and under. We also do not send email or regular US Mail correspondence to anyone under the age of 13 without their parent’s consent. Children under the age of 13 should always ask their parents or guardians for permission before providing any personal information to anyone online and should then do so only under supervision of their parents or guardians. We urge parents and guardians to participate in their children’s online activities and use parental control or other web filtering technology to supervise children’s access to the web. If a child under the age of 13 has provided us with personal information, we ask that a parent or guardian contact us so we can delete that personal information.
How We Use Information
The information we gather enables us to provide you with our services, administer your account and manage your orders. You consent to our use of your information to do the following:
Provide and deliver products and services and fulfill your orders;
Process, record and track your purchases, payments, returns, warranties, and rebates;
Enable you to use our services, features and other activities.
Enhance, customize and personalize your Kinney Nursery & Topsoil experiences and communications.
Operate, provide, improve and maintain our services, including analyzing user behavior.
Administer promotions, provide other features and display relevant marketing to you.
Contact you as described in the Communications and Notifications section below.
Information We Share
From time to time we might establish a business relationship with other persons or entities whom we believe trustworthy and whom we have confirmed or required that their privacy policies are consistent with ours. These are known as our Marketing Partners. In the course of such business relationships we might share and cross-reference information, including personal information about you, that will enable such persons or entities to contact you regarding products and services that may be of interest to you.
We may contract with companies or persons to provide certain services including credit card processing, shipping, data management, promotional services, etc. We call them our Service Providers. We provide our Service Providers with the information needed for them to perform these services, including your personal information when necessary. Although unlikely, in certain instances we may disclose your personal information when we have reason to believe that it is necessary to identify, contact or bring legal action against persons or entities who may be causing injury to you, to Kinney Nursery & Topsoil or to others. We may also disclose your personal information when the law requires it.
Sale or Transfer of Business or Assets
We reserve the right to transfer personal information we have about you in the event we sell or transfer all or a portion of our business or assets (including, without limitation, in the event of a reorganization, dissolution, or liquidation).
How We Protect Information
We use a variety of security measures to protect your information, including encryption and authentication tools. When you place orders or access your personal information, we use a secure server. All credit card and/or bank account information you supply is transmitted via Secure Socket Layer technology and then encrypted into our database. Only those who need the personal information to perform a specific job are granted access to your personal information, and they take security precautions consistent with this Privacy Policy.
Regardless of these efforts, we cannot guarantee the security or confidentiality of all information you provide to us. You provide your personal information at your own risk. Information could be intercepted before it reaches us, and our security measures may not be sufficient to prevent every conceivable threat to your information. We are not responsible for the unlawful actions of others or the illegal circumvention of any privacy settings or security measures. If we discover a security breach that compromises your personal information, we will inform you in accordance with applicable law.
Access to Information
To modify or delete your personal information, please contact us. We may keep your old personal information and content in our backup files and archives until it is deleted through our data storage procedures.
Communications and Notifications
We may use email, phone or other contact methods to (1) notify you of special offers, newsletters, and product alerts or features in which we believe you may be interested; (2) request information regarding your account or payment; (3) disseminate passwords, validate requests and provide customer support; and (4) provide you with information at your request. You consent to receive any such communications. To unsubscribe from certain communications, please contact us. There are some essential, administrative communications that you cannot opt out of. Regardless of the settings you select, we may still send you service-related communications. All changes may take a few days to become effective. For example, if you unsubscribe from any of our communications, you may still receive communications already in production due to production schedules.
Third-Party Sites
We are not responsible for the content of any pages, websites, applications or other services linked to or from the Kinney Nursery & Topsoil. Links appearing on the Site are for convenience only and are not an endorsement by us or our affiliates or their partners of the referenced content, product, service or supplier. Linking to or from any off-site pages or other websites is at your own risk. You should carefully review the terms and conditions and privacy policies of all other pages, websites, applications and services that you visit and/or use.
Additional Information for Residents in Certain Jurisdictions
In this section, we provide information for California residents, as required under California privacy laws, including the California Consumer Privacy Act (“CCPA”), which requires that we provide California residents certain specific information about how handle their personal information, whether collected online or offline. This section does not address or apply to our handling of:
• publicly available information made lawfully available by state or federal governments;
• personal information that is subject to an exemption under Section 1798.145(c) – (f) of the CCPA (such as protected health information that is subject to HIPAA or the California Medical Information Act, and non-public information subject to the Gramm-Leach Bliley Act or the California Financial Information Privacy Act);
• personal information we collect about job applicants, independent contractors, or current or former full-time, part-time and temporary employees and staff, officers, directors or owners of Kinney Nursery & Topsoil;
• personal information about individuals acting for or on behalf of another company, to the extent the information relates to our transactions with such company, products or services that we receive from or provide to such company, or associated communications or transactions (except that such individuals have the right to opt-out of any sale of their personal information and to not be subject to any discrimination for exercising such right).
Categories of personal information that we collect and disclose.
Our collection, use, and disclosure of personal information about a California resident will vary depending upon the circumstances and nature of our interactions or relationship with such resident.
Rights of California residents.
California law gives consumers the following rights:
• The right to request a copy of the personal information that we have collected about you in the prior 12 months.
• The right to request details about the categories of personal information we collect, the categories of sources, the business or commercial purposes for collecting information, and the categories of third parties with which we share information.
• The right to request deletion of the personal information that we have collected about you, subject to certain exemptions.
• The right to opt-out of sale of your personal information.
To exercise your opt-out rights, please contact us at 530-839-2196.
The CCPA prohibits discrimination against California consumers for exercising their rights under the CCPA and imposes requirements on any financial incentives offered to California consumers related to their personal information, unless the different prices, rates, or quality of goods or services are reasonably related to the value of the consumer’s data. We do not discriminate against consumers when they exercise their CCPA rights.
Terms of Use
This Privacy Policy is incorporated into, and is subject to, the Terms of Use. Your use of our services (including any products sold through our services), and any disputes arising from that use, is subject to this Privacy Policy and our Terms of Use. Please visit our Terms of Use to review other terms governing the use of our services.
Contact
For questions or concerns, please contact us at 530-839-2196 or info@kinneynursery.com