Term and Conditions

Terms and Conditions

Agreement between User and www.huckleberryknobnursery.com

Welcome to www.huckleberryknobnursery.com. The www.huckleberryknobnursery.com website

(the "Site") is comprised of various web pages operated by Huckleberry Knob Nursery, LLC

("Huckleberry Knob Nursery"). www.huckleberryknobnursery.com is offered to you conditioned

on your acceptance without modification of the terms, conditions, and notices contained herein (the

"Terms"). Your use of www.huckleberryknobnursery.com constitutes your agreement to all such

Terms. Please read these terms carefully, and keep a copy of them for your reference.

www.huckleberryknobnursery.com is an E-Commerce Site.

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Privacy

Your use of www.huckleberryknobnursery.com is subject to Huckleberry Knob Nursery's

our data collection practices.

Electronic Communications

Visiting www.huckleberryknobnursery.com or sending emails to Huckleberry Knob Nursery

constitutes electronic communications. You consent to receive electronic communications and you

agree that all agreements, notices, disclosures and other communications that we provide to you

electronically, via email and on the Site, satisfy any legal requirement that such communications be

in writing.

Children Under Thirteen

Huckleberry Knob Nursery does not knowingly collect, either online or offline, personal

information from persons under the age of thirteen. If you are under 18, you may use

www.huckleberryknobnursery.com only with permission of a parent or guardian.

Links to Third Party Sites/Third Party Services

www.huckleberryknobnursery.com may contain links to other websites ("Linked Sites"). The

Linked Sites are not under the control of Huckleberry Knob Nursery and Huckleberry Knob

Nursery is not responsible for the contents of any Linked Site, including without limitation any link

contained in a Linked Site, or any changes or updates to a Linked Site. Huckleberry Knob

Nursery is providing these links to you only as a convenience, and the inclusion of any link does

not imply endorsement by Huckleberry Knob Nursery of the site or any association with its

operators.

Certain services made available via www.huckleberryknobnursery.com are delivered by third

party sites and organizations. By using any product, service or functionality originating from the

www.huckleberryknobnursery.com domain, you hereby acknowledge and consent that

Huckleberry Knob Nursery may share such information and data with any third party with whom

Huckleberry Knob Nursery has a contractual relationship to provide the requested product,

service or functionality on behalf of www.huckleberryknobnursery.com users and customers.

No Unlawful or Prohibited Use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use

www.huckleberryknobnursery.com strictly in accordance with these terms of use. As a condition

of your use of the Site, you warrant to Huckleberry Knob Nursery that you will not use the Site for

any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner

which could damage, disable, overburden, or impair the Site or interfere with any other party's use

and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information

through any means not intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the

compilation thereof, and any software used on the Site, is the property of Huckleberry Knob

Nursery or its suppliers and protected by copyright and other laws that protect intellectual

property and proprietary rights. You agree to observe and abide by all copyright and other

proprietary notices, legends or other restrictions contained in any such content and will not make

any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create

derivative works, or in any way exploit any of the content, in whole or in part, found on the Site.

Huckleberry Knob Nursery content is not for resale. Your use of the Site does not entitle you to

make any unauthorized use of any protected content, and in particular you will not delete or alter

any proprietary rights or attribution notices in any content. You will use protected content solely

for your personal use, and will make no other use of the content without the express written

permission of Huckleberry Knob Nursery and the copyright owner. You agree that you do not

acquire any ownership rights in any protected content. We do not grant you any licenses, express

or implied, to the intellectual property of Huckleberry Knob Nursery or our licensors except as

expressly authorized by these Terms.

International Users

The Service is controlled, operated and administered by Huckleberry Knob Nursery from our

offices within the USA. If you access the Service from a location outside the USA, you are

responsible for compliance with all local laws. You agree that you will not use the Huckleberry

Knob Nursery Content accessed through www.huckleberryknobnursery.com in any country or in

any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification

You agree to indemnify, defend and hold harmless Huckleberry Knob Nursery, its officers,

directors, employees, agents and third parties, for any losses, costs, liabilities and expenses

(including reasonable attorney's fees) relating to or arising out of your use of or inability to use the

Site or services, any user postings made by you, your violation of any terms of this Agreement or

your violation of any rights of a third party, or your violation of any applicable laws, rules or

regulations. Huckleberry Knob Nursery reserves the right, at its own cost, to assume the exclusive

defense and control of any matter otherwise subject to indemnification by you, in which event you

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will fully cooperate with Huckleberry Knob Nursery in asserting any available defenses.

Arbitration

In the event the parties are not able to resolve any dispute between them arising out of or

concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or

otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved

only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single

neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration

service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's

award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the

event that any legal or equitable action, proceeding or arbitration arises out of or concerns these

Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable

attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and

Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or

indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree

that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The

entire dispute, including the scope and enforceability of this arbitration provision shall be

determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms

and Conditions.

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR

AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR

TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE

INFORMATION HEREIN. HUCKLEBERRY KNOB NURSERY, LLC AND/OR ITS

SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY

TIME.

HUCKLEBERRY KNOB NURSERY, LLC AND/OR ITS SUPPLIERS MAKE NO

REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY,

TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS,

SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY

PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL

SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED

GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF

ANY KIND. HUCKLEBERRY KNOB NURSERY, LLC AND/OR ITS SUPPLIERS

HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS

INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS,

INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF

MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT

SHALL HUCKLEBERRY KNOB NURSERY, LLC 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 SITE, WITH THE DELAY OR INABILITY TO USE THE 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 SITE, OR OTHERWISE ARISING

OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT,

NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF HUCKLEBERRY KNOB

NURSERY, LLC 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 SITE, OR WITH ANY OF

THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO

DISCONTINUE USING THE SITE.

Termination/Access Restriction

Huckleberry Knob Nursery reserves the right, in its sole discretion, to terminate your access to the

Site and the related services or any portion thereof at any time, without notice. To the maximum

extent permitted by law, this agreement is governed by the laws of the Commonwealth of Virginia

and you hereby consent to the exclusive jurisdiction and venue of courts in Virginia in all disputes

arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that

does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between

you and Huckleberry Knob Nursery as a result of this agreement or use of the Site. Huckleberry

Knob Nursery's performance of this agreement is subject to existing laws and legal process, and

nothing contained in this agreement is in derogation of Huckleberry Knob Nursery's right to

comply with governmental, court and law enforcement requests or requirements relating to your

use of the Site or information provided to or gathered by Huckleberry Knob Nursery with respect

to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to

applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth

above, then the invalid or unenforceable provision will be deemed superseded by a valid,

enforceable provision that most closely matches the intent of the original provision and the

remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user

and Huckleberry Knob Nursery with respect to the Site and it supersedes all prior or

contemporaneous communications and proposals, whether electronic, oral or written, between the

user and Huckleberry Knob Nursery with respect to the Site. A printed version of this agreement

and of any notice given in electronic form shall be admissible in judicial or administrative

proceedings based upon or relating to this agreement to the same extent and subject to the same

conditions as other business documents and records originally generated and maintained in printed

form. It is the express wish to the parties that this agreement and all related documents be written

This is a RocketLawyer.com document.

in English.

Changes to Terms

Huckleberry Knob Nursery reserves the right, in its sole discretion, to change the Terms under

which www.huckleberryknobnursery.com is offered. The most current version of the Terms will

supersede all previous versions. Huckleberry Knob Nursery encourages you to periodically review

the Terms to stay informed of our updates.

Huckleberry Knob Nursery welcomes your questions or comments regarding the Terms:

Huckleberry Knob Nursery, LLC

1469 Sunnymeade Rd.

Rustburg, Virginia 24588

Telephone number:

434-439-2199

Effective as of January 01, 2022