WEB SITE TERMS AND CONDITIONS OF USE
This web site (the "Site") is provided to you by Lawn-Boy Inc. Access to and use of this Site and the services available at this Site are subject to these Web Site Terms and Conditions of Use (the "Terms"). By accessing or using the Site or downloading materials from the Site, you warrant that you are of the age of majority and agree to these Terms. Please, review them carefully. If you do not agree to the Terms, you must immediately log off the Site and may not use the Site.
Best Viewing Practices
This site makes use of dynamic HTML and is designed to display properly in Internet Explorer 5.5, Firefox 1.0+ and Netscape 6.0. For Netscape 4.7 users, we recommend upgrading to the most recent browser for optimal site viewing and performance.
The Macromedia Flash Player and the RealOne Player plug-ins are required to view portions of this site.
Collection of Visitor Information
Links to other Web Sites
Ownership or Intellectual Property, Limitations on Use
All content, data, and materials contained on this Site, together with all related rights with respect to registered and unregistered copyrights, registered and unregistered trademarks or service marks, patents, trade secrets and all other proprietary rights are exclusively owned or licensed by Lawn-Boy. All of the foregoing are protected under the laws of the State of Minnesota, the United States, foreign jurisdictions, and/or international treaties.
This Site and all related proprietary rights shall remain the exclusive property of Lawn-Boy or the applicable licensors of content, data, or materials. You are permitted to download or print one copy of material published on this Site solely for your personal, non-commercial use, provided that you do not modify the materials or remove or obscure any proprietary notices contained in the materials. Except as specified in the preceding sentence, you may not reproduce, distribute, modify, display, perform, prepare derivative works based on, adapt, re-post, or otherwise use this Site or the content, data, and materials contained on this Site. Use of this Site does not in any respect whatsoever constitute a grant of any license or other right to use or exploit any of the proprietary rights related to this Site.
If you use this Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.
Information Submitted to this Site.
Any communication or material, other than your personal information, submitted to this Site by electronic mail or otherwise shall become the exclusive property of Lawn-Boy and shall be non-confidential and non-proprietary. Such communication or material may include, without limitation, questions, comments, suggestions, and ideas. Lawn-Boy shall be free to use them for any purpose whatsoever without providing you notice or receiving your consent, and without restriction or compensation.
Disclaimer of Warranties and Limitation of Liability
Any warranties by other manufacturers that may be disclosed in the packaging of a product sold to you through this Site are warranties made solely by the manufacturer directly to you, and Lawn-Boy has no responsibility for complying with those warranties. If you wish to receive warranty service or otherwise make a claim against the manufacturer's warranty, please see the information provided within the manufacturer's warranty statement for instructions on how to make your claim - Lawn-Boy cannot process or assist you with a claim made against a manufacturer's warranty. If you wish to review the manufacturer warranty for any item available for sale through this Site prior to your purchase, you may call Customer Service at 866-2592-8655 or contact Lawn-Boy by clicking the following link to Customer Service and ask to receive a copy of the applicable manufacturer warranty, which Lawn-Boy will provide to you at no charge. If you use the link, please include your name, your address, the name of the item, and the product number, if applicable.
The Lawn-Boy products you purchase through shoplawnboy.com are subject to a warranty or limited warranty that can be found on the home page of shoplawnboy.com.
EXCEPT AS NOTED ABOVE WITH RESPECT TO (A) MANUFACTURER'S WARRANTIES, AND (B) LAWN-BOY'S WARRANTIES AND LIMITED WARRANTIES OF ITS OWN PRODUCTS, THIS SITE AND ALL CONTENT, PRODUCTS AND SERVICES AVAILABLE THROUGH THE SITE ARE PROVIDED ON AS "AS IS, WITH ALL DEFECTS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, NON-INFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NOTHING IN THESE TERMS OR IN ANY DESCRIPTION OF PRODUCTS OR SERVICES SHALL CONSTITUTE A REPRESENTATION OR WARRANTY WITH RESPECT TO SUCH PRODUCTS OR SERVICES. YOU ACKNOWLEDGE, BY YOUR USE OF THIS SITE, THAT SUCH USE IS AT YOUR SOLE RISK. LAWN-BOY MAKES NO REPRESENTATION OR WARRANTY THAT THE SITE OR ANY CONTENT ARE FREE FROM ERRORS, VIRUSES, BUGS, OR OTHER HARMFUL COMPONENTS. FURTHER, LAWN-BOY MAKES NO REPRESENTATION OR WARRANTY THAT CONTENT PROVIDED ON THIS SITE IS APPLICABLE OR APPROPRIATE FOR USE IN LOCATIONS OUTSIDE OF THE UNITED STATES. LAWN-BOY IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, AVAILABILITY, TEXT OR PHOTOGRAPHY. LAWN-BOY MAKES NO REPRESENTATION OR WARRANTY THAT THE PRODUCTS OR SERVICES ADVERTISED OR OFFERED ON THIS SITE WILL BE AVAILABLE AT ALL TIMES, OR THAT THEY WILL BE AVAILABLE ON THE BASIS OF ANY INDICATED TERMS OR CONDITIONS.
IN NO EVENT SHALL EITHER LAWN-BOY OR ITS AFFILIATES OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUNTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AN YOU MIGHT HAVE ADDITIONAL RIGHTS.
Under no circumstances whatsoever shall Lawn-Boy's aggregate liability resulting from your use of this Site exceed Five Dollars($5.00).
Prohibited Activities and Visitor Obligations
As a visitor to this Site you shall not:
- violate any applicable local, state, national or international statute, regulation, or law;
- upload, post, use, or otherwise make available any content or information that is false or inaccurate;
- upload, post, use, or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, or content that could otherwise be considered to be objectionable;
- impersonate or use the identity of another person or organization, or falsely state or otherwise misrepresent your affiliation with a person or organization;
- engage in any activities or manipulate identifying material to misrepresent the origin of content;
- upload, post, use, or otherwise make available any content that is subject to any disclosure restrictions;
- upload, post, use, or otherwise make available any materials, items, information or content that infringes or otherwise violates any copyright, trademark or service mark, patent, trade secret, or any other proprietary rights;
- upload, post, use, or otherwise make available any unsolicited or unauthorized advertising or promotional materials, including without limitation, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
- upload, post, use, or otherwise make available any material that contains software viruses or any other corrupt computer code, files or programs that impair the use of any computer software or hardware or telecommunications equipment;
- interfere with or otherwise limit the use of this Site by other users;
- collect, compile, or store personal information about other users of this Site;
- interfere with or disrupt this Site or servers or networks connected to this Site, or disobey any requirements, procedures, policies or regulations of networks connected to this Site;
- disrupt or interfere with the security of, or otherwise cause harm to, this Site or the systems resources; accounts; usernames and passwords; servers; or networks connected to or accessible through this Site or any affiliated or linked sites; or
- use this Site for commercial purposes.
You agree to indemnify, defend, and hold harmless Lawn-Boy and its successors and assigns from and against and in respect of any and all third party claims, demands, losses, costs, expenses, obligations, liabilities, damages, recoveries, and deficiencies, including interest, penalties, and reasonable attorneys' fees that it shall incur or suffer which relate to your use of this Site, your failure to perform any of your obligations under these Terms, or your breach of any of your representations or warranties made under these Terms.
Changes to Terms
Continued Operation, Accessibility and Maintenance of this Site
Lawn-Boy may modify, change, suspend, terminate or discontinue the operation of this Site or the provision of any products or services without notice, and reserves the right to refuse service to anyone at any time, with or without cause.
Any failure by Lawn-Boy to enforce any provision of these Terms shall not be construed as a waiver of any provision or the right to enforce same. These Terms shall be governed by the laws of the State of Minnesota in the United States, without regard to its choice of law principles or rules. For the purpose of resolving conflicts relating to or arising out of these Terms, or arising out of any other dispute or claim associated with the Site, venue shall be in the State of Minnesota only and, in addition, you hereby consent to the exclusive jurisdiction of the federal and state courts in Hennepin County in the State of Minnesota. If any portion of these Terms are held to be invalid, such holding shall not invalidate the other provisions of these Terms.
For questions related to these Terms email Lawn-Boy at legal@Lawn-Boy.com, or send a letter to:
8111 Lyndale Ave
Bloomington, MN 55420-1196
Attention: Legal Department
© Lawn-Boy 2010 - All Rights Reserved