Edmundson Inc, dba Arbor Valley Nursery (“Arbor Valley”) and/or its suppliers retains ownership of all right, title and interest in all copyrights in all documents, text, images, interactive media, and software owned by Arbor Valley and/or its suppliers.

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Arbor Valley’s green and gray color scheme, the pentagonal number one, and “Arbor Valley Nursery” are trademarks of Arbor Valley.

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Use License

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This Web site has been established primarily for the benefit and use of Arbor Valley branches, customers, and potential customers. Not all products or services referred to may be available, and Arbor Valley may change the products or services described by this Web site at any time. This Web site may include inaccuracies, and the information in this Web site may be changed periodically. Check with Arbor Valley before relying on any product-related information found in this Web site.

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Individuals are permitted to view or electronically copy material published on this Web site and to make print-outs thereof, solely for their personal information, provided that both the copyright notice and the permission notice appear thereon and provided that the materials are not modified. Arbor Valley branches are permitted to electronically copy material published on this Web site and to make print-outs thereof for the benefit and use by their customers and potential customers, provided that both the copyright notice and the permission notice appear thereon and provided that the materials are not modified. Without the express written permission from Arbor Valley, you may not retransmit any files from this Web site, or any modified versions thereof.

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You may not create a mirror version of this Web site. Except as expressly provided herein, the transmission of this Web site material shall not be construed to grant a license of any type under any patents, copyright, or trademarks owned or controlled by Arbor Valley and/or its suppliers. Arbor Valley in its sole discretion may restrict the site to selected users.

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Contacting Us

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You may send to Arbor Valley comments, questions, suggestions, or ideas relating to this Web site. If you do, you agree that such information sent to Arbor Valley is not given in confidence, that Arbor Valley is not obligated to keep such information secret and that Arbor Valley is not obligated to respond. Arbor Valley shall be free to use the information you send to Arbor Valley in any manner, including but not limited to developing, manufacturing, and marketing products based on such information. Arbor Valley may also reproduce, disclose and distribute the information in your communication to others without limitation.

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NO WARRANTIES; EXCLUSION OF LIABILITY

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ARBOR VALLEY MAKES NO REPRESENTATION ABOUT THE SUITABILITY OF THE MATERIALS ON THIS WEB SITE FOR ANY PURPOSE. ALL SUCH MATERIALS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. ARBOR VALLEY SPECIFICALLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. ARBOR VALLEY SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THIS WEB SITE, FOR YOUR ACTION OR INACTION IN CONNECTION WITH THIS WEB SITE OR FOR ANY DAMAGE TO YOUR COMPUTER OR DATA OR ANY OTHER DAMAGE YOU MAY INCUR IN CONNECTION WITH THIS WEB SITE. YOUR USE OF THIS WEB SITE IS AT YOUR OWN RISK. IN NO EVENT SHALL EITHER ARBOR VALLEY, ITS AFFILIATES OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEB SITE, THE MATERIALS IN THIS WEB SITE, THE DELAY OR INABILITY TO USE THIS WEB SITE OR OTHERWISE ARISING IN CONNECTION WITH THIS WEB SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. ANY MATERIAL DOWNLOADED, UPLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR SITE OR SOFTWARE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR BUSINESS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR UPLOAD OF ANY SUCH MATERIAL OR THE USE OF OUR SITE OR SOFTWARE.

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SOME STATES AND/OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DIRECT, INDIRECT, INCIDENTAL, SPECIAL AND/OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. The above exclusions of liability are not applicable to residents of New Jersey. With respect to residents of New Jersey, Arbor Valley shall not be liable for any damages resulting from the use of this Web Site or the materials in this Web Site unless such damages are the result of our negligent or reckless acts or omissions.

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Links to Third Party Sites

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This Web Site may contain links to sites owned or operated by parties other than Arbor Valley. Such links are provided for your reference only. Arbor Valley does not control outside sites and is not responsible for their content. Arbor Valley’s inclusion of links to an outside site does not imply any endorsement of the material on the site or, unless expressly disclosed otherwise, any sponsorship, affiliation or association with its owner, operator or sponsor, nor does Arbor Valley’s inclusion of the links imply that Arbor Valley is authorized to use any trade name, trademark, logo, legal or official seal or copyrighted symbol that may be reflected in the linked site.

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Uploaded Content

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By submitting any content to Arbor Valley (including photos), via this Web Site or otherwise, you represent and warrant that (i) you are the sole author and owner of the intellectual property rights thereto; (ii) all “moral rights” that you may have in such content have been voluntarily waived by you; and (iii) use of the content you supply does not violate this agreement and will not cause injury to any person or entity. You further agree and warrant that you shall not submit any content: (i) that is known by you to be false, inaccurate or misleading; (ii) that infringes any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (iii) that violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (iv) that is, or may reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation; (v) for which you were compensated or granted any consideration by any third party; or (vi) that contains any computer viruses, worms or other potentially damaging computer programs or files.

You agree to indemnify and hold Arbor Valley (and its officers, directors, agents, subsidiaries, joint ventures, employees, and third-party service providers), harmless from all claims, demands, and damages of every kind and nature, known and unknown including reasonable attorneys’ fees, arising out of a breach of your representations and warranties set forth above, or your violation of any law or the rights of a third party. For any content that you submit, you grant Arbor Valley and its authorized third-party service providers a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such content and/or incorporate such content into any form, medium or technology throughout the world without compensation to you.

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All content (including photos and all data contained or appended to the computer file of such photos) that you submit may be used and shared with authorized third-parties at Arbor Valley’s sole discretion. Arbor Valley reserves the right to change, condense or delete any content on this Site that Arbor Valley deems, in its sole discretion, to violate this agreement. Arbor Valley does not guarantee that you will have any recourse through Arbor Valley to edit or delete any content you have submitted. You acknowledge that you, not Arbor Valley, are responsible for the contents of your submission. None of the content that you submit shall be subject to any obligation of confidence on the part of Arbor Valley, its agents, subsidiaries, affiliates, partners, or third-party service providers and their respective directors, officers, and employees.

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Product Orders

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If you wish to purchase products or services described on the Web Site, you will be asked to supply certain information applicable to your purchase, including, without limitation, credit card and other information. Your Account may provide you a location to store your information and allow you to make a future purchase without re-entering information. You agree to pay all charges incurred by you and any users of your account and your credit card (or other applicable payment mechanism) at the price(s) in effect when such charges are incurred. You acknowledge that we may place a hold on your credit card for the purchase price of the charges incurred. All billing and registration information provided by you must be accurate, complete, and correct. Submitting inaccurate, incomplete, or incorrect information constitutes a breach of the terms. By confirming your purchase at the end of the checkout process, you agree to accept and pay for the items, products and/or services that you have requested. Arbor Valley shall have no liability for any unauthorized access or use of your Account or payment method in connection with products purchased on this Web site. Acknowledgment of an order signifies that we received your order request, but it does not constitute acceptance of your order or a promise to fulfill your order. The risk of loss and title for such titles pass to you upon Arbor Valley’s delivery of the items or products to the carrier.

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Arbor Valley cannot guarantee the availability of any particular product displayed on this Web Site. Arbor Valley reserves the right, at its sole discretion, to (i) refuse service and to terminate accounts if Arbor Valley believes that customer conduct violates applicable law or these terms, is harmful to the interests of Arbor Valley, its subsidiaries, or its affiliates, or for any other reason; (ii) limit the quantity of items purchased per person, per account, per household, and per order; and (iii) refuse or cancel any order you place. These restrictions may be applied to the same account, same credit card and/or the same billing and/or shipping address.

Product prices offered on this Web Site may vary from other advertised prices due to varying conditions in different geographic markets. The prices displayed on this Web Site are generally quoted in U.S. dollars and are valid and effective only within the United States, and such prices may not include shipping and handling or sales taxes, if applicable, which may be added to your total invoice price at checkout. You are responsible for the payment of any shipping and handling charges and state and local sales or use taxes that may apply to your order. Arbor Valley cannot guarantee that any content is accurate or complete, including price information and product specifications. Arbor Valley reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions (including after an order has been submitted and accepted).

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General

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You agree that this agreement and your use of this Web Site are governed by the laws of the State of Colorado, USA. You hereby consent to the exclusive jurisdiction and venue of the courts, tribunals, agencies, and other dispute resolution organizations in Brighton, Colorado, USA in all disputes (i) arising out of, relating to, or concerning this Web Site and/or this agreement, (ii) in which this Web Site and/or this agreement is an issue or a material fact, or (iii) in which this Web Site and/or this agreement is referenced in a paper filed in a court, tribunal, agency or other dispute resolution organization. Use of this Web Site is unauthorized in any jurisdiction that does not give full effect to all provisions of this agreement, including without limitation this paragraph and the warranty disclaimers and liability exclusions above. Arbor Valley makes no representation that materials on this Web Site are appropriate or available for use in any particular jurisdiction. Use of this Web Site is unauthorized in any jurisdiction where all or any portion of this Web Site may violate any legal requirements and you agree not to access this Web Site in any such jurisdiction. You are responsible for compliance with applicable laws. Any use in contravention of this provision or any provision of this agreement is at your own risk and, if any part of this agreement is invalid or unenforceable under applicable law, 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 govern such use.

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WITH THE PRIOR AGREEMENT OF ARBOR VALLEY, ANY CLAIM, DISPUTE OR CONTROVERSY ARISING OUT OF, RELATING TO OR CONCERNING THIS SITE AND/OR THIS AGREEMENT SHALL BE DECIDED BY BINDING ARBITRATION IN ACCORDANCE WITH THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION AND ANY SUCH ARBITRATION PROCEEDINGS SHALL BE BROUGHT AND HELD IN BRIGHTON, COLORADO, USA. CLAIMS MAY ONLY BE BROUGHT IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PURPORTED REPRESENTATIVE OF ANY CLASS. THE DECISIONS OF THE ARBITRATORS SHALL BE BINDING AND CONCLUSIVE UPON ALL PARTIES INVOLVED AND JUDGMENT UPON ANY AWARD OF THE ARBITRATORS MAY BE ENTERED BY ANY COURT HAVING COMPETENT JURISDICTION. THIS PROVISION SHALL BE SPECIFICALLY ENFORCEABLE IN ANY COURT OF COMPETENT JURISDICTION.

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You agree that Arbor Valley may at any time and without notice change the terms, conditions, and notices under which this Web Site is offered; however, any change to the terms after your last usage of the Web Site will not be applied retroactively.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Arbor Valley as a result of this agreement or your use of this Web Site. Arbor Valley’s performance of this agreement is subject to existing laws and legal process and nothing contained in this agreement is in derogation of Arbor Valley’s right to comply with law enforcement requests or requirements relating to your use of this Web Site or information provided to or gathered by Arbor Valley with respect to such use.

This agreement and terms constitute the entire agreement between you and Arbor Valley with respect to this Web Site. This agreement supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Arbor Valley with respect to this Web Site. No modification of this agreement shall be effective unless it is authored by Arbor Valley. Any alleged waiver of any breach of this agreement shall not be deemed to be a waiver of any future breach. A printed version of this agreement and/or of any notice given by Arbor Valley in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement or your use of this Web Site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained by Arbor Valley in printed form.

Arbor Valley also may make employment information available through this Web Site. Arbor Valley is an equal opportunity employer. Arbor Valley provides equal employment opportunity to qualified persons without regard to race, color, religion, sex, national origin, age, veteran status, or disability. Arbor Valley’s policy relates to all phases of employment including recruitment, placement, promotion, training, demotion, transfer, layoff, recall, and termination, rates of pay, employee benefits, and participation in all company-sponsored employee activities.