Terms of Use
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.
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 has not reviewed all of these third-party sites and does not control and is not responsible for any of these sites or their content. Thus, Powell Gardens 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 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 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 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 makes no warranties of any kind regarding the products and services advertised on this site. Powell Gardens will use reasonable efforts to ensure that all information displayed is accurate; however, Powell Gardens 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 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 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.
ADDITIONAL TERMS
Certain items or programs offered by the Website, whether by Powell Gardens 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’ failure to enforce any part of these Terms of Use shall not constitute a waiver of any of Powell Gardens’ 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 nor the reliance of any person on Powell Gardens’ 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 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.