Terms of Use

Introduction

THESE TERMS GOVERN THE USE OF THIS WEBSITE. PLEASE READ THEM CAREFULLY BEFORE ACCESSING THE WEBSITE AND RELATED WEB PAGES, SOFTWARE, APPLICATIONS, AND OTHER SERVICES. IF YOU DO NOT AGREE WITH THESE TERMS DO NOT USE THESE SERVICES. BY USING THESE SERVICES YOU AGREE TO BE BOUND BY THESE TERMS OF USE. 

Powell Gardens, Inc., (“Powell Gardens”, or “we”, “us”, or “our”, as applicable) provides www.powellgardens.org (the “Website”) for your information. In this document, “use of the Website” or similar language means your accessing the Website, sending or receiving email or other electronic communications to or from us, conducting shopping transactions for products and services, and other similar events, products, materials, or services offered in connection with the powellgardens.org domain. When you visit us, or send emails to us, you are communicating electronically. You agree to receive communications from us electronically. When we communicate with you by email or this website, you agree that all agreements and other communications that we provide you electronically satisfy all legal requirements, if any, that such communications be in writing.

This website has been established by Powell Gardens, Inc., for the sole purpose of conveying information about Powell Gardens’ products and services and to allow communication between Powell Gardens and its customers. Information that appears on this website should be considered an advertisement. Nothing contained in any page on this site takes the place of Powell Gardens’ agreements and disclosures that govern its products and services. If any information on the site conflicts with that in Powell Gardens’ agreements and disclosures, the agreements and disclosures will control. 

Links To Third Party Web Websites

The services may provide links to other third-party websites or resources. Such links to third party websites in the services are provided solely as a convenience to you, and do not constitute or imply an endorsement, sponsorship or recommendation of, or affiliation with the third party or its products and services. Powell Gardens, Inc., has not reviewed all these third-party sites and does not control and is not responsible for any of these sites or their content. Thus, Powell Gardens, Inc., makes no representations whatsoever about any other website, which you may access through the services, or any information, software or other products or materials, found there, or any results that may be obtained from using them. If you decide to access any of the third-party sites linked to the services, you acknowledge and agree that Powell Gardens, Inc., is not responsible for the availability of such external sites or resources and is not responsible or liable for any content, advertising, products, services or other materials on or available from such sites or resources. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, Trojan horses and other items of a destructive nature, and you do so entirely at your own risk. Accordingly, you agree that Powell Gardens, Inc., shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third-party materials, content, products or services available on or through any such site or resource. 

The information and materials contained in this website are owned by Powell Gardens, Inc., or by others, as applicable. No material may be copied, displayed, transmitted, distributed, framed, sold, stored for use, downloaded, or otherwise reproduced except as permitted by law. 

Powell Gardens, Inc., makes no warranties of any kind regarding the products and services advertised on this site. Powell Gardens, Inc., will use reasonable efforts to ensure that all information displayed is accurate; however, Powell Gardens, Inc., expressly disclaims any representation and warranty, express and implied, including, without limitation, warranties of merchantability, fitness for a particular purpose, suitability, and the ability to use the site without contracting a computer virus. Powell Gardens, Inc., is not responsible for any loss, damage, expense, or penalty (either in tort, contract, or otherwise), including direct, indirect, consequential and incidental damages, that result from the access of or use of this site. This limitation includes, but is not limited to the omission of information, the failure of equipment, the delay or inability to receive or transmit information, the delay or inability to print information, the transmission of any computer virus, or the transmission of any other malicious or disabling code or procedure. This limitation applies even if Powell Gardens, Inc., has been informed of the possibility of such loss or damage.

Amendment to Terms of Use

We reserve the right to amend these Terms of Use from time to time in our sole discretion and will post and maintain the most recent version of these Terms of Use on the website. You are responsible for reviewing these Terms of Use upon each visit to the website.  

This agreement and the use of this website are governed by the laws of the State of Missouri.

Fees

Certain aspects of the Services may require or involve sales fees, transaction fees, and other types of fees (“Fees”). By using these aspects of the Services, you consent to the Fees involved and agree that you decided to use the Services with full knowledge of the Fees.

Disclaimer

The materials, information, and services provided in the services are provided “as is” without any warranties of any kind including warranties of merchantability, fitness for a particular purpose, or non-infringement of intellectual property. 

Powell Gardens, Inc., does not warrant or make any representations regarding the availability, use, timeliness, security, validity, accuracy, or reliability of, or the results of the use of, or otherwise respecting, the site, the software, the content of the site or the software or any other websites linked to or from the site. 

Powell Gardens Inc., does not warrant or make any representations regarding the use or the results of the use of the materials, data or information in the services in terms of their correctness, accuracy, reliability, or otherwise. While Powell Gardens, Inc., may make reasonable efforts to provide accurate and timely information about Powell Gardens, Inc., on the site, you should not assume that the information provided is always up to date or that the site contains all the relevant information available about Powell Gardens, Inc. Powell Gardens, Inc., undertakes no obligation to verify or maintain the currency of such information. 

Any material downloaded or otherwise obtained through the use of the services is done at your own discretion and risk and you are solely responsible for any damage to your computer system or loss of data that results from the download of any such material, or use of the services. Information published at the site may refer to products, programs or services that are not available in your geographic location. 

 The information presented on the site or broadcast from the site with website software by Powell Gardens, Inc., from Powell Gardens, Inc., publications, writings and/or third-party books or writings is for information purposes only and is not meant to serve as a substitute for professional legal or financial advice which should be obtained through consultation with appropriate professionals in your state. 

Indemnification

You will indemnify, defend, and hold us, our affiliates, officers, directors, employees, consultants, agents, representatives, successors, and assigns harmless from and against any and all claims, damages, losses, liabilities, costs and expenses (including without limitation reasonable attorneys’ fees and court costs) (collectively, “Losses”) that constitute, or arise out of or in connection with your (a) failure to comply with any of these Terms of Use or (b) use of the Website. These defense and indemnification obligations will survive these Terms of Use and your use of the Website. We have no obligation whatsoever to indemnify, defend, or hold you harmless from any Losses resulting from, relating to, or arising out of, these Terms of Use or the Website. 

Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall Powell Gardens, Inc., and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Powell Gardens, Inc., web site, with the delay or inability to use the Powell Gardens, Inc., web site or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the Powell Gardens, Inc., web site, or otherwise arising out of the use of the Powell Gardens, Inc., web site, whether based on contract, tort, negligence, strict liability or otherwise, even if Powell Gardens, Inc., or any of its suppliers has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the Powell Gardens, Inc., web site, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the Powell Gardens, Inc., web site. 

Procedure for Making Claims of Copyright Infringement

Powell Gardens, Inc., respects the intellectual property rights of others and expects its users to do the same. Powell Gardens, Inc., will, upon receiving proper notice, act to remove or disable access to any such material as set forth in the Digital Millennium Copyright Act (17 USC § 512). Any notifications of claimed copyright infringement must be sent to Powell Gardens, Inc., at the following address: marketing@powellgardens.org. When notifying Powell Gardens, Inc., of the alleged copyright infringement, please provide complete and sufficient information, including identification of the copyrighted work alleged to have been infringed, the alleged infringing material, the address and contact information for the owner of the alleged copyright material, and a statement that the information in the notification is accurate, and, under the penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the alleged copyright.

User Representations; Prohibited Uses

General Terms | Revisions

Powell Gardens, Inc., may make changes to the materials and services at this Website, or to the products and prices described in them, at any time without notice. You should visit this page from time to time to review the then-current Terms of Use because they are binding on you. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages at this Website. The materials and services at the Website may be out of date, and Powell Gardens, Inc., makes no commitment to update the materials and services at this Website.

Additional Terms

Certain items or programs offered by the Website, whether by Powell Gardens, Inc., or its partners, and certain areas within this website may be governed by additional terms of use and/or other agreements (“Additional Terms”) presented in conjunction with those items or programs. You must agree to these Additional Terms before using those areas. The Additional Terms and this Terms of Use shall apply equally. In the event of an irreconcilable inconsistency between the Additional Terms and this Terms of Use, the Additional Terms shall control. 

Waiver

Powell Gardens, Inc., failure to enforce any part of these Terms of Use shall not constitute a waiver of any of Powell Gardens, Inc., rights under these Terms of Use, whether for past or future actions on the part of any person. Neither the receipt of any funds by Powell Gardens, Inc., nor the reliance of any person on Powell Gardens, Inc., actions shall be deemed to constitute a waiver of any part of these Terms of Use. Only a specific, written waiver signed by an authorized representative of Powell Gardens, Inc., may provide a legal waiver. 

Severability

If any provision of these Terms of Use shall be found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions. 

Acceptance of Terms

You acknowledge you have read and agree to be bound by these Terms and to comply with all applicable laws and regulations. You further agree to comply with all local laws, regulations and rules regarding online conduct and acceptable Content. You represent you have the legal authority to accept these Terms on behalf of yourself or any party you represent. 

IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THE SERVICES. 

Contact Us

We welcome any questions, comments or complaints you may have regarding our Terms of Use. Please contact us at frontdesk@powellgardens.org or at Powell Gardens, Inc., 1609 NW US HWY 50 Kingsville, MO 64061.