TERMS & CONDITIONS
Welcome. This Web Site is one of several offered by Burrell Farms and Gardens providing information, products, services, Content (defined below), and other functionality to Visitors, some of which may be intended for specific regions of the world or specific product lines. While the Content of the sites may vary from site to site and region to region, these Terms and Conditions of Use (hereinafter “Terms”) are applicable generally to each Site.
Use of this Site is subject to these Terms and to the licenses and permissions contained herein. These Terms form a contract with you. A link to these Terms is posted on the Home Page of this Web Site and will be continually available for your review.
YOUR USE OF THIS SITE CONSTITUTES YOUR AGREEMENT TO ABIDE BY THE FOLLOWING TERMS AND AN ACKNOWLEDGMENT OF YOUR UNDERSTANDING OF THEM.
IF YOU DO NOT AGREE TO THESE TERMS, USE OF THIS SITE IS PROHIBITED.
Burrell Farms and Gardens may revise these Terms from time to time by posting new Terms to this Site. By continuing to use this Site, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the current Terms to which you are bound.
If any of these Terms would not be enforceable under the local laws of the country from which you are viewing this Site, that term shall be severable from this agreement and the remainder of this agreement shall be remain in full force and effect. The failure of Burrell Farms and Gardens to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Viewing this Web Site from countries, if any, in which its Content is unlawful is strictly prohibited and constitutes a violation of these Terms. You are responsible for compliance with applicable local laws.
Not all products, programs, and services that may be described on a Burrell Farms and Gardens Site are available in each and every country. When in doubt, contact a local Burrell Farms and Gardens representative in your area to determine precisely what is available to you. Persons intending to use a Burrell Farms and Gardens product described in this Web Site must follow product directions and comply with all applicable laws and regulations relating to the product.
Definitions that explain some of the terminology used in these Terms is listed below.
“Burrell Farms and Gardens” refers to Burrell Farms and Gardens and to each of its subsidiaries and affiliates.
The words “you” and “your” refer to corporations or other business entities, and their agents, and to individuals using this Site, respectively and as applicable.
“We,” “Our” and other first person pronouns refer to Burrell Farms and Gardens.
“Site” means the home page and all associated pages accessible through the home page directly or through additional links but does not include third-party web sites not maintained or sponsored by Burrell Farms and Gardens.
Compliance with Local Law
Burrell Farms and Gardens operates from its World Headquarters in Memphis, Tennessee, USA. However, this Site may be operated from the World Headquarters, from any of Burrell Farms and Gardens’ divisions and affiliates located around the world, or hosted on our behalf by any third party.
Burrell Farms and Gardens makes no warranty or representation that materials on this Site are appropriate or available for use in all locations around the world from which it may be accessible.
The trademarks, trade names, trade dress service marks, and logos (the “Trademarks”) used and displayed on this Site are registered and unregistered Trademarks of Burrell Farms and Gardens and others. Unless otherwise stated on the Site, nothing on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site, without the written permission of Burrell Farms and Gardens or any third party that may own the respective Trademarks. Except as expressly indicated on the Site, the name of Burrell Farms and Gardens or the Burrell Farms and Gardens logo may not be used in any way, including in advertising or publicity pertaining to distribution of materials on this Site, without prior written permission from Burrell Farms and Gardens.
Your Use of Copyrighted Material on this Site
The text, Trademarks, logos, images, graphics, photos, video files, application functionality, or any other digital media, and their arrangement on this site (“Content”) are all subject to patent, trademark, copyright and other intellectual property protection. The copyright in the arrangement of and components of all material provided on this Site by Burrell Farms and Gardens, including, with out limitation, all Site Content is held by Burrell Farms and Gardens or by the original creator of the material. Burrell Farms and Gardens grants you a limited, nonexclusive and non-transferable license to use and display the materials on this Site only for the bona fide non-commercial purposes associated with your interaction with the Site. The license includes the right to print such materials but only for the stated non-commercial uses. Unless otherwise stated, you have no right to copy; display; reproduce; download; distribute; modify; edit; create derivative works; reverse engineer; decompile any code, script, or software forming the Site; alter or enhance the materials in any manner, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written consent of Burrell Farms and Gardens or the copyright owner. This license terminates automatically and without notice if you violate any of these Terms. Upon termination, you must destroy any downloaded or printed materials obtained from this Site. Burrell Farms and Gardens reserves all other rights not expressly granted by this License. The foregoing limitation does not apply to Safety Data Sheets (SDS) or to product labels that may be furnished on the Site and that are intended for reproduction and use.
Confidential or Proprietary Information
Burrell Farms and Gardens strives to provide the public with broad access to information about its products and services. In doing so, it is not Burrell Farms and Gardens’ intention to waive any intellectual property rights, including, without limitation, trade secrets, Burrell Farms and Gardens may have in information on this Site under applicable laws. Burrell Farms and Gardens has policies and procedures in place that are designed to prevent the disclosure on this website of information that Burrell Farms and Gardens considers to be confidential or proprietary trade secret information. However, if at any time you obtain confidential or proprietary trade secret information from this Site that may have been inadvertently disclosed by Burrell Farms and Gardens, you agree to act in good faith to recognize and respect the confidentiality of such information and you agree not to keep, make use of, or disclose any confidential or trade secret information you may obtain from this Site to anyone else and, after providing notice to Burrell Farms and Gardens, you agree to immediately destroy any copies of the information, in any form, in your possession.
User Names and Passwords
If this Site permits you to adopt a User Name and a Password or to use an assigned User Name and Password in order to access features of this Site, then:
You agree to use the Site solely for legitimate purposes.
When registering for a User Name, you agree that you will use only accurate and truthful information about yourself and you will not imitate any other person or assume a false identity.
You agree not to share your User Name or Password with any other person.
You agree to immediately notify us of any unauthorized use of your Password, User Name or the Site, or any other breach of security through the Contact Us section of this Site.
You agree to assume and bear full responsibility for all risks arising out of the use of the Site by you and any other person using your User Name or Password.
Burrell Farms and Gardens reserves the right at any time in our sole discretion to modify or discontinue the Site, modify or discontinue any information or other Content contained on the Site, or terminate your Password and User Name and your use of the Site, for any reason or no reason. You are responsible for all direct or indirect damages and liable for all activity conducted on this Site that can be linked or traced back to your User Name or Password.
For any Burrell Farms and Gardens Site that permits you to place orders or otherwise effect transactions with Burrell Farms and Gardens, additional terms and conditions may be applicable to our third-party service providers whom we partner with to facilitate such transactions. Such third-parties to those transactions may have those additional terms displayed on the web pages or links that enable to you to conduct such business And complete the transactions. Please review carefully the third party’s policies, practices and rules, and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.
The United States and other governments regulate the import and export of products and information.
You agree that, to the extent such laws are applicable to you or the transaction you wish to effect with Burrell Farms and Gardens, you will comply with all such import and export laws and regulations and that you will not import, export or re-export products or services purchased or sold through the Site to countries or persons prohibited under applicable import and export control laws.
By entering into a transaction with Burrell Farms and Gardens through this Site, you are representing to us that you are not in a country where such import/export is prohibited and are not a person or entity to which such import/ export is prohibited. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export.
Unauthorized Access of Site
You are specifically prohibited from accessing or using our Sites or Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, or state regulations, rules, laws, or local ordinances; (d) to infringe or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of our Sites, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish (email fraud), pharm (web traffic redirection fraud), pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of our Web Sites, other websites, or the Internet. We reserve the right to terminate your use of our Web Sites and to pursue any and all civil and criminal remedies for any access to our Sites or Content without authorization or any use of our Sites or Content that exceeds your authorized access. Your Privacy
Linking to and from this Site
Anyone linking to the Site must comply with all applicable laws. A site that links to Burrell Farms and Gardens’ Site:
may link to, but not replicate, Content on this Site;
may not create a browser or border environment around Content on this Site;
may not imply that Burrell Farms and Gardens is endorsing it or its products;
may not use Burrell Farms and Gardens’ Trademarks without express written permission;
may not misrepresent its relationship with Burrell Farms and Gardens;
may not present false information about Burrell Farms and Gardens’ products or services; and
may not contain Content that could be construed as distasteful, offensive or controversial, and must contain only Content that is appropriate for all age groups.
Burrell Farms and Gardens does not control and is not responsible for the Content of any third-party (non-Burrell Farms and Gardens) sites linked to this Site and is not responsible for any changes or updates to such third-party sites. Burrell Farms and Gardens is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Burrell Farms and Gardens of the Site.
General Disclaimer of Warranties
THE CONTENT PROVIDED ON THIS SITE IS PROVIDED “AS IS” AND “WITH ALL FAULTS”.
BURRELL FARMS AND GARDENS MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED,
AS TO ITS USE, AVAILABILITY, CONTENT, ACCURACY, APPROPRIATENESS, OR PERFORMANCE OF THIS SITE. AS A USER, YOU ASSUME ALL RISKS AND RESPONSIBILITIES FOR YOUR USE OR NON-USE OF THE SITE, AND BURRELL FARMS AND GARDENS MAKES NO REPRESENTATION THAT THE CONTENT APPEARING ON OR DOWNLOADED FROM THIS SITE IS COMPATIBLE WITH YOUR COMPUTER OR FREE FROM ERROR OR VIRUSES. NO BURRELL FARMS AND GARDENS EMPLOYEE, AGENT, OR REPRESENTATIVE IS AUTHORIZED TO MODIFY OR AMEND THIS WARRANTY. TO THE EXTENT ALLOWABLE BY EXISTING LAW: BURRELL FARMS AND GARDENS DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT WITH RESPECT TO THE SITE AND ITS CONTENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR LIMITATION ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
BURRELL FARMS AND GARDENS RESERVES THE RIGHT TO ALTER OR REMOVE SITE CONTENT, OR SUSPEND OR TERMINATE YOUR USE IN ANY WAY, AT ANY TIME, FOR ANY REASON, WITHOUT PRIOR NOTIFICATION, AND BURRELL FARMS AND GARDENS WILL NOT BE LIABLE IN ANY WAY FOR POSSIBLE CONSEQUENCES OF THAT ACTION. PLEASE NOTE THAT THIS SITE MAY INCLUDE INFORMATION CONCERNING OUR BUSINESS AND OUR EXPECTATIONS FOR THE FUTURE. THAT INFORMATION WAS CURRENT WHEN POSTED; HOWEVER, BURRELL FARMS AND GARDENS DOES NOT COMMIT TO UPDATE OR REVISE THE INFORMATION BASED ON NEW INFORMATION OR OTHER DEVELOPMENTS.
FURTHER, ALTHOUGH THE INFORMATION ON THIS SITE IS PRESENTED IN GOOD FAITH
AND BELIEVED TO BE CORRECT, BURRELL FARMS AND GARDENS MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE COMPLETENESS OR ACCURACY OF THE INFORMATION OR ANY SITES LINKED TO THIS SITE.
CERTAIN CONTENT ON THIS SITE IS THE PROPERTY OF THIRD PARTIES, USED WITH THEIR PERMISSION. THE OPINIONS EXPRESSED BY THIRD PARTIES DO NOT NECESSARILY REFLECT THOSE OF BURRELL FARMS AND GARDENS COMPANY.
The foregoing disclaimer of warranties does not apply to any product warranties set forth on product labels which may be displayed on this Site. For such products, the warranty, if any, set forth on such label controls Burrell Farms and Gardens' liability for such product.
Limitation of Burrell Farms and Gardens’ Liability
YOU ACKNOWLEDGE, BY YOUR USE OF THIS SITE: (1) THAT YOUR USE OF THIS SITE IS
AT YOUR SOLE RISK; (2) THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS
ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT THAT YOU USE IN CONNECTION WITH YOUR USE OF THIS SITE; AND (3) THAT BURRELL FARMS AND GARDENS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF OR INABILITY TO USE THIS SITE, INCLUDING, WITHOUT LIMITATION, FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, COMPUTER VIRUS, OR NETWORK OR INTERNET FAILURE, OR INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, COMPENSATORY OR CONSEQUENTIAL DAMAGES, LOST PROFITS OR LOSS OF OR DAMAGE TO DATA OR PROPETY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF BURRELL FARMS AND GARDENS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IF YOUR USE OF THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR, OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF.
SOME STATES OR COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Your indemnification Obligation
You agree to defend, indemnify and hold harmless Burrell Farms and Gardens, its affiliates and their respective directors, officers, employees and agents from and against all damages, claims, and expenses, including attorneys' fees, arising out of your use of this Site or misuse of any information taken from the Site or your transmission of information, data, material, or Content on the Site.
Disclaimer for Forward-Looking Statements
Content on this Site may contain forward-looking statements within the meaning of the Private Securities Litigation Reform Act of 1995. Such forward-looking statements are not guarantees of future performance and are subject to risks and uncertainties that could cause actual results and Burrell Farms and Gardens’ plans and objectives to differ materially from those expressed in the forward-looking statements. Additional information about such risks and uncertainties is set forth in our reports filed with the Securities and Exchange Commission.
Advertisements that May Appear on the Site
If any advertisement for a product or service provided by anyone other than Burrell Farms and Gardens appears on this Site, Burrell Farms and Gardens does not endorse, warrant, or guarantee any such product or service and will not be a party to or in any way monitor any transaction between you and third party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
When Visitors May Post to a Burrell Farms and Gardens Site
If this Site permits you to post or upload comments or any other Content on the Site, then the following additional terms are applicable to your use and are hereby accepted by you.
You understand that all information, Content, text, data, messages, or other materials, whether posted to the Site or privately transmitted (“Material(s)”) are the responsibility of the person from whom the Material originated. You are responsible for all Material that you post, transmit or otherwise make available on the Site or to others. You acknowledge and agree that you must evaluate and bear all risks associated with the use of any Material, including any reliance on the accuracy or completeness of Material.
Burrell Farms and Gardens does not control this Material and therefore does not guaranty the accuracy, integrity, or quality of the Material. Burrell Farms and Gardens will not be liable in any way for any Material, including but not limited to, any errors or omissions in the Material, or for any loss or damage of any kind incurred as a result of the use of any Material posted, transmitted, or otherwise made available on the Site.
While Burrell Farms and Gardens does not and cannot review every communication or all information posted or transmitted by you or others to the Site or to others and is not responsible for the content of these messages, Burrell Farms and Gardens reserves the right to delete, move, or edit Material that it, in its sole discretion, deems outside the scope of Content that is acceptable for display on the Site, abusive, defamatory, obscene, in violation of copyright or trademark laws, or otherwise unacceptable.
You agree that you will not use Material to:
harass, stalk, threaten or otherwise violate the legal rights (including right of privacy and right of publicity) of others;
transmit or otherwise make available any Material that you do not have a right to make available under any law or under contractual or fiduciary relationships;
post Material which infringes the intellectual property rights of others (including but not limited to copyright, trade secret, trademark or other proprietary rights);
upload, distribute, or otherwise publish any libelous, defamatory, obscene, hateful, pornographic, abusive, illegal, threatening, or otherwise objectionable material;
upload or distribute any files that contain viruses, worms, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another;
intentionally or unintentionally violate any applicable local, state, national, or international law, including, but not limited to regulations promulgated by the U.S. Securities and Exchange Commission;
transmit or otherwise make available any unsolicited or unauthorized advertising, promotional Materials, or any other form of solicitation; and
distribute or otherwise publish any material containing any solicitation of funds, advertising, or solicitation for goods or services.
You acknowledge and agree that Burrell Farms and Gardens may disclose any Material, and the source or owner of any Material, if required to do so by law or legal process, to enforce the provisions of these Terms, or protect the rights of Burrell Farms and Gardens, its customers or Visitors of the Site.
Burrell Farms and Gardens’ Rights in Materials Submitted to the Site
Unless otherwise specified by You, any Material you transmit or otherwise make available to this Site shall conform to these Terms and is not confidential or proprietary. By submitting Materials to this Site you represent that you own or have unencumbered, transferable rights and permissions, including, without limitation, the right of publicity and rights to disclose personally identifiable information, and you automatically grant Burrell Farms and Gardens and its affiliates, a worldwide, royalty-free, perpetual, irrevocable, nonexclusive right and license to make, sell, use, reproduce, publish, create derivative works of, perform, display, distribute, import, and transmit such Material and products incorporating such Material (in whole or in part) in any form, media, or technology, now known or later developed for the full term of any intellectual property rights that may exist in such Material for any purpose whatsoever, and to publish the owner's name in connection therewith, or to use the Materials for any lawful purpose whatsoever, including, without limitation, the right to sub-license the Materials to third parties for their lawful uses and purposes. If your Materials contain photographs or digital or video images that depict a child that is under the age of majority in their state of residence, you represent that you have written permission from the child's parent or guardian to provide the photo, digital, or video image. You warrant that you have the rights necessary to grant the licenses described in these Terms. Subject to existing laws, you waive any moral rights that you or your licensors may have in any Materials.
Procedure for Making Claims of Copyright Infringement
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to this Site's designated agent. ALL INQUIRIES NOT RELEVANT TO
OR NOT COMPLYING WITH THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.
Burrell Farms and Gardens respects the intellectual property of others, and we ask our visitors to do the same. Burrell Farms and Gardens will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws. Upon receipt of notices complying with the DMCA, Burrell Farms and Gardens will act to remove or disable access to any material found to be infringing or found to be the subject of infringing activity and will act to remove or disable access to any reference or link to material or activity that is found to be infringing.
If you believe your work has been copied in a way that constitutes copyright infringement, please provide Burrell Farms and Gardens the following information. Please be advised that to be effective, notification must include ALL of the following:
A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed;
A description of the copyrighted work that you claim has been infringed;
A description and, if possible, the IP address of where the material that you claim is infringing is on the Site;
Your address, telephone number, and e-mail address and all other information reasonably sufficient to permit Burrell Farms and Gardens to contact you;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notices of claimed copyright infringement should be directed to:
Burrell Farms and Gardens Legal Department
<contact information needed here>
ALL USERS OF OUR SITES ACKNOWLEDGE AND AGREE THAT BURRELL FARMS AND GARDENS AS AN INDEMNIFIED PARTY IS RELEASED, DISCHARGED, AND HELD HARMLESS FROM ANY
AND ALL LIABILITY FROM THIRD-PARTY CLAIMS MADE IN CONNECTION WITH THE
SITES, INCLUDING, WITHOUT LIMITATION, WRONGFUL DEATH AND PERSONAL INJURY,
MONEY DAMAGES, OUT-OF-POCKET AND COURT COSTS, ATTORNEY’S FEES, DAMAGE
TO TANGIBLE PROPERTY OR REPUTATION, INCLUDING, WITHOUT LIMITATION, LIBEL,
DEFAMATION, RIGHT OF PUBLICITY AND INVASION OF PRIVACY. BURRELL FARMS AND GARDENS RESERVES ITS RIGHT TO ALL FORMS OF EQUITABLE AND LEGAL RELIEF RELATED TO FRAUD, ACCESS THAT IS WITHOUT AUTHORIZATION OR EXCEEDS AUTHORIZATION, OR ILLEGAL ACTIVITY CONNECTED TO THE USE OF OUR WEB SITES.
Burrell Farms and Gardens may terminate these Terms at any time and may do so immediately without notice and, accordingly refuse or terminate your access to the Sites, if, in Burrell Farms and Gardens’ sole discretion, you fail to comply with any term or condition of the Terms.
Choice of Law and Forum
These Terms will be governed and construed in accordance with the laws of the State of Minnesota, USA, without regard to its conflicts of law rules. For all disputes arising out of or relating to our Sites or Terms, you submit to exclusive personal jurisdiction and venue of the state and federal courts located in Hennepin County, Minnesota.
Notice and Consent to Electronic Communications
You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on our Sites. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be signed in writing.
No Other Agreements
By agreeing to these Terms, you represent that you are at least the age of majority in your state of residence or geopolitical jurisdiction. The provisions and conditions of these Terms constitute the entire agreement between you and Burrell Farms and Gardens related to the use of the Site and supersedes any prior agreements or understandings not incorporated in these Terms. These Terms are effective as of the Effective Date (defined below). Continued use of the Site by you after the Effective Date constitutes your acceptance of these Terms
These Terms were last revised on September 30, 2021 (the “Effective Date”) and govern your access of this Site from this date forward until a later revision is posted.