Terms of Service

Last updated: January 2024

Acceptance of Terms

By accessing and using the website of THE GARDEN, INC. ("we," "our," or "us"), you accept and agree to be bound by these Terms of Service. If you do not agree to these terms, please do not use our website or services.

We reserve the right to modify these terms at any time. Your continued use of the website after any changes indicates your acceptance of the modified terms. We encourage you to review these terms periodically.

Description of Service

THE GARDEN, INC. operates a retail store in Columbus, Ohio, specializing in plants, garden supplies, home decor, and general consumer merchandise. Our website provides information about our products and services and allows customers to:

  • Learn about our business and offerings
  • Submit inquiries about products and services
  • Place order requests for products
  • Contact us for customer support

All products are subject to availability. We reserve the right to limit quantities and discontinue products without notice. Prices and specifications are subject to change without notice.

Eligibility

Our website and services are intended for individuals who are at least 18 years of age. By using our website, you represent that you are at least 18 years old and have the legal capacity to enter into these terms.

If you are using our website on behalf of a business or organization, you represent that you have the authority to bind that entity to these terms.

User Responsibilities

When using our website and services, you agree to:

  • Provide accurate and truthful information when submitting forms or inquiries
  • Use our website only for lawful purposes
  • Not impersonate any person or entity
  • Not provide false contact information
  • Not interfere with or disrupt the operation of our website
  • Not attempt to gain unauthorized access to any portion of our website
  • Not use automated systems (bots, scrapers) to access our website without permission
  • Comply with all applicable laws and regulations

Prohibited Uses

You may not use our website or services:

  • For any unlawful purpose or in violation of any laws
  • To transmit spam, advertisements, or other unsolicited communications
  • To distribute viruses, malware, or other harmful code
  • To harass, abuse, or harm another person
  • To interfere with or circumvent security features
  • To collect personal information about others without consent
  • To infringe upon the intellectual property rights of others
  • To engage in any activity that could damage our reputation or business

Intellectual Property

All content on this website, including but not limited to text, graphics, logos, images, and software, is the property of THE GARDEN, INC. or its content suppliers and is protected by United States and international copyright laws.

You may not reproduce, modify, distribute, display, or create derivative works from any content on our website without our prior written permission. Limited copying for personal, non-commercial use is permitted, provided that you retain all copyright notices.

Our trademarks, service marks, and trade names may not be used without our prior written consent.

Disclaimer of Warranties

OUR WEBSITE AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

  • Warranties of merchantability or fitness for a particular purpose
  • Warranties that our website will be uninterrupted or error-free
  • Warranties that defects will be corrected
  • Warranties regarding the accuracy, reliability, or completeness of content
  • Warranties regarding the results of using our website or services

We do not warrant that our website is free of viruses or other harmful components. You are responsible for implementing appropriate safeguards to protect your data and devices.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE GARDEN, INC. AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

  • Your use or inability to use our website or services
  • Any errors or omissions in our content
  • Unauthorized access to or alteration of your data
  • Any third-party conduct on our website
  • Any other matter relating to our website or services

Our total liability for any claim arising from your use of our website or services shall not exceed the amount you paid to us, if any, for such use.

Third-Party Services and Links

Our website may contain links to third-party websites or services that are not owned or controlled by THE GARDEN, INC. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services.

You acknowledge and agree that THE GARDEN, INC. shall not be liable for any damage or loss caused by your use of any third-party content or services.

Termination

We reserve the right to terminate or suspend your access to our website at any time, without prior notice, for any reason, including but not limited to violation of these Terms of Service.

Upon termination, your right to use our website will immediately cease. Provisions that by their nature should survive termination shall remain in effect.

Governing Law

These Terms of Service shall be governed by and construed in accordance with the laws of the State of Ohio, United States, without regard to its conflict of law provisions.

Any dispute arising from these terms or your use of our website shall be resolved in the state or federal courts located in Franklin County, Ohio, and you consent to the personal jurisdiction of such courts.

Severability

If any provision of these Terms of Service is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

Entire Agreement

These Terms of Service, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and THE GARDEN, INC. regarding your use of our website and services.

Contact Information

If you have any questions about these Terms of Service, please contact us:

THE GARDEN, INC.

2637 N 4TH St

Columbus, Ohio 43202

United States

Phone: +1 (763) 353-9774

Email: contact@the-garden-inc.org