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.
Your use of www.huckleberryknobnursery.com is subject to Huckleberry Knob Nursery's
our data collection practices.
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
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
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
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.
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.
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.
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
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
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
DISCONTINUE USING THE SITE.
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
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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
Effective as of January 01, 2022