Legal Notice and Terms of Use

Website Terms and Conditions of Use

By using this web site, you indicate your agreement to the following terms and conditions of use without any limitation or qualification. Please read these terms and conditions carefully before using this web site. Fossil Creek Nursery may at any time revise these terms and conditions by updating these materials. You are bound by any such revisions and should therefore regularly visit this page to review the then current terms and conditions to which you are bound.

Copyright

All content included on this web site, such as text, graphics, logos, button icons, images, audio clips, data compilations, and software, is the property of Fossil Creek Nursery or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this web site is the exclusive property of Fossil Creek Nursery and protected by U.S. and international copyright laws. All software used on this web site is the property of Fossil Creek Nursery or its software suppliers and protected by United States and international copyright laws.

The use of this content by you, or anyone else authorized by you, is prohibited unless specifically permitted herein. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. All trademarks, service marks, trade names, logos and icons used by Fossil Creek Nursery or any affiliated company are proprietary to Fossil Creek Nursery or that affiliate. Nothing contained on the web site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark or service mark displayed on this web site without the written permission of Fossil Creek Nursery or such third party that may own the trademarks or service marks displayed on this web site. Your use of the trademarks or service marks displayed on this web site, or any other content on this web site, except as provided herein, is strictly prohibited.

Inquiries concerning use of Fossil Creek Nursery's trademarks, service marks, trade names, logos, icons, copyrights or other intellectual property should be addressed to:

Fossil Creek Nursery
7029 S. College Avenue
Fort Collins, CO 80525

Fossil Creek Nursery is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to this web site for any purpose whatsoever, including, but not limited to, developing and marketing products using such information.

Trademark/Service Mark Notices

All trademarks, service marks, trade names and logos used by Fossil Creek Nursery or its subsidiaries are trademarks or service marks of Fossil Creek Nursery and/or its subsidiaries. Fossil Creek Nursery is very protective of its trademarks and service marks and has registered such marks with the United States Patent and Trademark Office and/or claims common law rights in these marks. All use of these marks must be with Fossil Creek Nursery's permission. Fossil Creek Nursery will file appropriate legal actions to enjoin the unauthorized use of these marks. Under the law, Fossil Creek Nursery would be entitled to collect your profits, our actual damages and, perhaps, even its attorneys' fees and statutory damages.

Disclaimer of Warranties

FOSSIL CREEK NURSERY MAY PROVIDE LINKS AND POINTERS TO INTERNET WEB SITES MAINTAINED BY THIRD PARTIES. FOSSIL CREEK NURSERY DOES NOT OPERATE OR CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS OR SERVICES ON THESE THIRD-PARTY WEB SITES. THE MATERIALS IN THE FOSSIL CREEK NURSERY WEB SITE AND THE THIRD-PARTY WEB SITES ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, FOSSIL CREEK NURSERY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

FOSSIL CREEK NURSERY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE FOSSIL CREEK NURSERY WEB SITE, INCLUDING BULLETIN BOARDS, OR THE SERVER THAT MAKES IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FOSSIL CREEK NURSERY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THE FOSSIL CREEK NURSERY WEB SITE OR IN THIRD-PARTY WEB SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR OR CORRECTION. FOSSIL CREEK NURSERY MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE FOSSIL CREEK NURSERY WEB SITE OR THE NEWSLETTERS OR ANY TRANSACTIONS ENTERED INTO, DIRECTLY OR INDIRECTLY, THROUGH THE FOSSIL CREEK NURSERY WEB SITE OR THE NEWSLETTERS.

YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE FOSSIL CREEK NURSERY WEB SITE OR THE NEWSLETTERS IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FOSSIL CREEK NURSERY OR THROUGH OR FROM THE FOSSIL CREEK NURSERY WEB SITE, BULLETIN BOARDS OR NEWSLETTERS SHALL CREATE ANY WARRANTY.

Limitation of liability

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL FOSSIL CREEK NURSERY, OR ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, FOSSIL CREEK NURSERY CONTENT EVEN IF FOSSIL CREEK NURSERY OR A FOSSIL CREEK NURSERY AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT FOSSIL CREEK NURSERY IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH ANY FOSSIL CREEK NURSERY CONTENT, OR WITH ANY OF FOSSIL CREEK NURSERY'S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE FOSSIL CREEK NURSERY WEB SITE AND/OR FOSSIL CREEK NURSERY'S SERVICES.

In no event shall Fossil Creek Nursery's total liability to you for all damages, losses, and causes of action exceed the amount paid by you to access this web site. Fossil Creek Nursery assumes no responsibility and shall not be liable for any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in this web site or your downloading of any materials, data, text, images, video or audio from this web site.

Restrictions On Use Of Materials

This web site is owned and operated by Fossil Creek Nursery. Permission is granted to access and navigate around this web site with a computer using HTML browser software, solely for personal, non-commercial use. You may not distribute, adapt or create derivative works, retransmit, reuse, repost or use the content of this web site for public or commercial purposes, including the text, images, audio and video, without Fossil Creek Nursery's written permission.

Except as otherwise permitted by Fossil Creek Nursery, no materials from www.Fossil Creek Nursery or any other web site owned, operated, licensed or controlled by Fossil Creek Nursery may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way. You may download material displayed on this web site for non-commercial, personal use only provided you also retain all copyright and other proprietary notices contained on the materials. Fossil Creek Nursery does not warrant or represent that your use of materials displayed on this web site will not infringe rights of third parties not owned by or affiliated with Fossil Creek Nursery.

Indemnity

You agree to indemnify and hold Fossil Creek Nursery and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorney's fees, made by any third party due to or arising out of content you submit, post to, upload or transmit through the Fossil Creek Nursery web site, your use of the Fossil Creek Nursery web site, Newsletters, your connection to the Fossil Creek Nursery web site and Newsletters, your violation of the Terms and Conditions, or your violations of the rights of any person or entity.

Termination

This agreement is effective until terminated by Fossil Creek Nursery, at any time with or without notice. In the event of termination, you are no longer authorized to access the Newsletters or the Fossil Creek Nursery web site, including, without limitation, Bulletin Boards, and the restrictions imposed on you with respect to material downloaded from the Newsletters and the Fossil Creek Nursery web site, the disclaimers, indemnities and limitations of liabilities set forth in this agreement, shall survive.

Modification of Terms and Conditions

Upon notice published on the Fossil Creek Nursery web site, or such other notice as may be given; Fossil Creek Nursery may amend or modify these Terms and Conditions, or impose new conditions on use, at any time. Your use of this service after such notice shall be deemed to constitute acceptance of the new Terms and Conditions. Modification of Fossil Creek Nursery web site Fossil Creek Nursery may modify or discontinue the Fossil Creek Nursery web site with or without notice to you and without liability to you or any third party.

Other

This agreement constitutes the entire agreement between Fossil Creek Nursery and you with respect to the subject matter contained in this agreement and supersedes all previous and contemporaneous agreements, proposals and communications, written and oral. This agreement shall be governed by and construed in accordance with the laws of the State of Colorado without giving effect to any principles or conflicts of law. If any provision of this agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. The section titles in the Terms and Conditions are for convenience only and have no legal or contractual effect.