Introduction
These Website Standard Terms And Conditions (these “Terms” or these “Website Standard Terms And Conditions”) contained herein on this webpage, shall govern your use of this website, including all pages within this website (collectively referred to herein below as this “Website”). These Terms apply in full force and effect to your use of this Website and by using this Website, you expressly accept all terms and conditions contained herein in full.
You must not use this Website, if you have any objection to any of these Website Standard Terms And Conditions. These Terms include our privacy policy, our cookie policy, any other legal notices and disclaimers contained on this Website and constitute the entire agreement between Turtle Creek Nursery and you in relation to your use of this Website, and supersede all prior agreements and understandings with respect to the same.
This Website is not for use by any minors (defined as those who are not at least 18 years of age), and you must not use this Website if you a minor.
Governing Law & Jurisdiction
These Terms will be governed by and construed in accordance with the laws of the United States of America, and you submit to the non-exclusive jurisdiction of the state and federal courts located in The United States Of America for the resolution of any disputes.
No warranties
This Website is provided “as is,” with all faults, and Turtle Creek Nursery makes no express or implied representations or warranties, of any kind related to this Website or the materials contained on this Website. Additionally, nothing contained on this Website shall be construed as providing consult or advice to you.
Limitation of liability
In no event shall Turtle Creek Nursery nor any of its officers, directors and employees, be liable to you for anything arising out of or in any way connected with your use of this Website, whether such liability is under contract, tort or otherwise, and Turtle Creek Nursery, including its officers, directors and employees shall not be liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Website.
Indemnification
You hereby indemnify to the fullest extent Turtle Creek Nursery from and against any and all liabilities, costs, demands, causes of action, damages and expenses (including reasonable attorney’s fees) arising out of or in any way related to your breach of any of the provisions of these Terms.
Severability
If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.
Variation of Terms
Turtle Creek Nursery is permitted to revise these Terms at any time as it sees fit, and by using this Website you are expected to review such Terms on a regular basis to ensure you understand all terms and conditions governing use of this Website.
Assignment
Turtle Creek Nursery shall be permitted to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification or consent required. However, you shall not be permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.