Last Updated: September 15, 2017
Registration Information Accuracy and Passwords
Please make sure to provide correct registration information so you can receive your order. When you provide us information, you agree to provide true, accurate, and complete information and keep it up-to-date.
Some portions of our Website require you to create an account and select a password. Please select a password that would not be obvious to someone trying to guess it, and change your password regularly. You agree to maintain the confidentiality of your password and account, and you agree that you are fully responsible for all activities that occur using your account. We may rely on the authority of anyone accessing your account. You agree to notify us immediately if you become aware of any unauthorized use of your account.
WEBSITE DESCRIPTIONS, IMAGES AND PRODUCT REPRESENTATIONS
While Lyngso Garden Materials takes reasonable steps to ensure the accuracy of our Website, discrepancies can exist because of the nature of technology, and the natural variation in the products we sell. The following describes some, but not all the situations that may arise:
- We strive to be as accurate as possible when describing our products on our Website. We cannot warrant that the product descriptions, colors, photographs, or other content of this Website is accurate, complete, or error free. If you have any questions, need clarification, or want a product sample, please call us before placing your order.
- Certain weights, measures, and color and other descriptions are approximate.
- We strive to have all our product in-stock and available for immediate delivery, however we reserve the right to limit the available quantity of or discontinue any product or service.
- If a product or service listed on the Website is mistakenly listed at an incorrect price, we reserve the right to refuse or cancel any orders placed for the product listed at the incorrect price. We reserve the right to refuse or cancel any such orders.
- The Website information may not include all of a manufacturer/supplier’s warranty and suitable use specifications. If you have any questions, you should contact either Lyngso Garden Materials or the manufacturer.
Delivery of Your Order and Property Damage Release
Lyngso Garden Materials wishes to unload your material where you would like it. The size and weight of the delivery truck could cause damage to the jobsite or adjacent property while the material is being unloaded. Our drivers are experienced and safety is our top priority, but you agree that once our delivery truck crosses the curb line you release Lyngso Garden Materials and our driver from all responsibility and liability for any damage that may occur. If you prefer that we unload your material on the street, you assume all responsibility and liability for the material while it is on the street.
We will do our best to meet your chosen delivery time window. Occasionally there are factors outside our control that may delay our delivery.
Payment for Your Order
You will pay for any materials and services at the time of purchase through this website. Should your payment be subsequently rejected, voided, or otherwise dishonored, you agree that you will remain responsible for the amount due, in addition to any additional charges that Lyngso Garden Materials incurs with respect to the rejection/voiding/dishonoring of such payment. You agree that you will make such payment within five (5) days of the date of our notice to you that your payment was rejected/voided/dishonored. Lyngso may deliver the notice of a rejected/voided/dishonored payment to you by email, U.S. Mail, or FedEx or similar services. In addition, should Lyngso have to pursue collection of the amount from you, you agree that you will be liable for any costs and attorney’s fees associated with such collection.
Please check your order carefully. It is your responsibility to ensure that the material you order is what you want. Because of the nature of the material we offer, once material is unloaded, it cannot be returned. Accordingly, all sales through our Website are final.
Use of Our Website
You may access our Website and while accessing our Website, view the information displayed on our Website and print copies of any information displayed on the Website as may be reasonably necessary for your own non-commercial use, or to place any order for or purchase our products. Uses of our Website not expressly authorized are prohibited. You agree you will not: (1) interfere with the security of or damage or impair the performance, availability, or accessibly of our Website or servers or networks connected to or accessible through our Website; (b) use our Website or materials accessible through our Website in any way that is unlawful or illegal; (c) post or otherwise submit any software, programs or files via the Website that are harmful or disruptive of another’s equipment, software or other property, including any corrupted files, time bombs, Trojan Horses, viruses and worms; (d) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our Website without our express written consent; or (e) frame, mirror, or use framing techniques on any part of our Website without our express prior written consent.
Our Website is intended for use by individuals 13 years of age or older. If you are under 18, you may use our Website only with involvement of a parent or guardian.
We may terminate or suspend accounts or your access to our Website (or portions therefor), without prior notice or liability, for any reason whatsoever, including for example, if you breach these Terms. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, warranty disclaimers, limitations of liability, and indemnity.
Disclaimer of Website Warranties and Limitations of Liability
Our disclaimers and limitations of liability apply to the maximum extent permitted under the applicable law. Nothing in this section is intended to limit any rights you have which may not be lawfully limited.
Our Website is provided on an “as is” and “as available” basis. We disclaim all warranties, whether express or implied, including the warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no claims or promises about the quality, accuracy, or reliability of Our Website or its Content. We make no warranty that Our Website will be available on an uninterrupted, timely, secure, or error-free basis.
WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES RELATING IN ANY WAY TO OUR WEBSITE OR INFORMATION CONTAINED ON OUR WEBSITE WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH OUR WEBSITE IS TO STOP USING IT. IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN OUR AGGREGATE LIABILITY SHALL NOT BE GREATER THAN US$100.00.
Links to Other Websites
For your convenience and information, our Website links to other websites that are not owned or controlled by us. We assume no responsibility for the content, privacy policies, or practices of any third-party websites. You agree that we 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 such third-party websites.
You agree to defend, indemnify and hold harmless Lyngso Garden Materials, our employees, directors, officers, representatives, or agents, including drivers, from any damages, losses or costs (including reasonable attorneys’ fees) related to any claim or demand made by any third party arising out of or relating to (i) our delivery and unloading of material that requires crossing the curb line or (ii) use of our Website, including for example, any information or content you submit to our Website, any material you download from our Website or any interference with the operation of our Website.
All content included on our Website, such as text, graphics, images, data, and the compilation thereof (collectively, “Content”) is owned or licensed property by us or our suppliers or licensors and is protected by copyright, patent, or other proprietary rights. We and our licensors expressly reserve all intellectual property rights in all Content.
These Terms shall be governed and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions. You hereby consent to the exclusive jurisdiction and venue of the state courts in San Mateo county and federal courts in Santa Clara County in all disputes arising out of or relating to these Terms or use of our Website.
If any provision of these Terms is found to be unenforceable or invalid, then only that provision shall be modified or eliminated so that the remaining provisions of the Terms shall remain enforceable and in full force and effect. These Terms are the entire agreement between you and us regarding your access to and use of our Website. Our failure to exercise or enforce any right or provision of these Terms does not operate as a waiver of such right or provision. These Terms, and any rights or obligations hereunder, and not assignable, transferable, or sublicensable by you except with our prior written consent, but may be assigned or transferred by us without restriction.
We welcome your questions and comments about these Terms or our Website, please contact us:
Lyngso Garden Materials Inc.
345 Shoreway Rd,
San Carlos, CA 94070