Terms and Conditions

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 BY ACCESSING OR OTHERWISE USING THE SITE, YOU UNCONDITIONALLY AGREE TO FOLLOW AND BE BOUND BY THESE TERMS & CONDITIONS. 

If at any time you do not accept all of these Terms & Conditions, you must immediately stop using the Site.

This Agreement represents the complete agreement between the parties and supersedes all prior agreements and representations between them. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the other terms of this Agreement shall remain in full force and effect.

Content

All content included on the Site, such as text, graphics, logos, images, audio clips, video, data, music, software, and other material (collectively "Content") is owned or licensed property of Ben Hill Griffin Inc. or its suppliers or licensors and is protected by copyright, trademark, patent, or other proprietary rights. The collection, arrangement, and assembly of all Content on the Site is the exclusive property of Ben Hill Griffin Inc. and protected by U.S. copyright laws. Ben Hill Griffin Inc. and its suppliers and licensors expressly reserve all intellectual property rights in all Content.

License

Ben Hill Griffin Inc. grants you a limited license to access and make personal use of the Site and the Content for noncommercial purposes only and only to the extent such use does not violate these Terms & Conditions including, without limitation, the prohibitions listed in the "Prohibited Uses" section of these Terms & Conditions. You may download, print, and copy Content for personal, noncommercial purposes only, provided you do not modify or alter the Content in any way, delete or change any copyright or trademark notice, or violate these Terms & Conditions in any way. Accessing, downloading, printing, posting, storing, or otherwise using the Site or any of the Content for any commercial purpose, whether on behalf of yourself or on behalf of any third party, constitutes a material breach of these Terms & Conditions. The Site is intended for use by individuals 13 years of age or older. If you are under 18, you may use this Site only with involvement of a parent or guardian.

Prohibited Uses

The Site may only be used for lawful purposes in accordance with the terms of the license granted in these Terms & Conditions. As a condition of your use of this Site, you warrant to Ben Hill Griffin Inc. that you will not use the Site for any purpose that is unlawful or prohibited by these Terms & Conditions. Whether on behalf of yourself or on behalf of any third party, YOU MAY NOT:

1. Make any commercial use of the Site or its Content, including making any collection or use of any product listings, descriptions, prices, or images;

2. download, copy, or transmit any Content for the benefit of any other merchant;

3. use or attempt to use any engine, software, tool, agent, data, or other device or mechanism (including browsers, spiders, robots, avatars, or intelligent agents) to navigate or search the Site other than the search engine and search agents provided by Ben Hill Griffin Inc. or generally publicly available browsers;

4. frame, mirror, or use framing techniques on any part of the Site without Ben Hill Griffin Inc’s express prior written consent;

5. make any use of data extraction, scraping, mining, or other data gathering tools, or create a database by systematically downloading or storing Site content, or otherwise scrape, collect, store, or use any Content, product listings, descriptions, prices, or images, except pursuant to the limited license granted by these Terms & Conditions

6. use any meta tags or any other hidden text utilizing Ben Hill Griffin Inc’s name or marks;

7. misrepresent the identity of a user, impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Site, or express or imply that we endorse any statement you make;

8. conduct fraudulent activities on the Site;

9. (i) violate or attempt to violate the security of the Site, including, without limitation: (i) accessing data not intended for you or logging onto a server or an account that you are not authorized to access; (ii) trying to change the behavior of the Site; (iii) attempting to probe, scan, or test the vulnerability of a system or network, or to breach security or authentication measures; (iv) attempting to interfere with service to any user, host, or network, including, without limitation, via means of submitting malware to the Site, overloading, "flooding," "spamming," "mailbombing," or "crashing"; (v) forging any header or any part of the header information in any email or posting; or (vi) forging communications on behalf of the Site (impersonating the Ben Hill Griffin Inc’s website) or to the Site (impersonating another user);

10. send unsolicited or unauthorized email on behalf of Ben Hill Griffin Inc, including promotions and/or advertising of products or services;

11. tamper with the Site or use or attempt to use any device, software, routine, or data that interferes or attempts to interfere with the working or functionality of the Site or any activity being conducted on the Site;

12. use the Site to defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others, including others' privacy rights or rights of publicity;

13. harvest or collect personally identifiable information about other users of the Site;

14. restrict any other person from using the Site (including, without limitation, by hacking or defacing any portion of the Site);

15. reproduce, duplicate, copy, sell, resell, or otherwise exploit for any commercial purposes any portion of, use of, or access to the Site;

16. modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Site; or

17. remove any copyright, trademark, or other proprietary rights notice from the Site or materials originating from the Site.

Ben Hill Griffin Inc. will investigate occurrences that may involve such prohibited use and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations

Your Account

You may be required to register with Ben Hill Griffin Inc in order to access certain services or areas of the Site. With respect to any such registration, we may refuse to grant to you the user name you request. Your user name and password are for your personal use only. If you use the 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. In addition to all other rights available to Ben Hill Griffin Inc. including those set forth in these Terms & Conditions, Ben Hill Griffin Inc. reserves the right, in its sole discretion, to terminate your account, refuse service to you, or cancel orders.

Modification and Termination

Ben Hill Griffin Inc. may at any time: (i) modify or discontinue any part of the Site. Ben Hill Griffin Inc. reserves the right to make changes to these Terms & Conditions at any time, and such changes will be effective immediately upon being posted on the Site. Each time you use the Site, you should review the current Terms & Conditions. Your continued use of the Site will indicate your unconditional acceptance of the current Terms & Conditions; however, any material change to these Terms & Conditions after your last usage of the Site will not be applied retroactively. Except for such material changes, the Terms & Conditions that were in effect at the time any claim or dispute arose between you and us will be applied.

Ben Hill Griffin Inc. reserves the right, without notice and in its sole discretion, to terminate your account or your use of the Site and to block or prevent future access to and use of the Site (i) if you violate any of these Terms & Conditions, (ii) for any other reason, or (iii) for no reason. Upon any such termination, your right to use the Site will immediately cease.

You agree that we shall not be liable to you or any third party for any termination of your access to the Site. Upon termination, all provisions of these Terms & Conditions, which are by their nature intended to survive termination, all representations and warranties, all limitations of liability, and all indemnities shall survive such termination.

Merchandise

The Sites may make available listings, descriptions, and images of goods and services (collectively, “Products”). Ben Hill Griffin Inc. strives to display as accurately as possible the attributes of all products, including the colors of the products, shown on the Site; however, Ben Hill Griffin Inc. cannot and does not guarantee the accuracy of any listing, description and or/images of the Products. Such information and the availability of any Product are subject to change at any time without notice.

We sell Products for children’s use; however, these Products are intended for sale to adults.

Delivery

We offer in-home delivery on items purchased at the nursery or from the website. For nursery purchases, you can pick up and buy same day. For online purchases, we estimate a 7-14 day delivery timeframe that is dependent upon product availability and scheduling capacity. 

Customer Pick up

Customers can elect to pick up their merchandise instead of having it delivered. For nursery sales, goods will be available for pickup. When picking up your merchandise, please bring your ID and proof of purchase. 

Links To Third-Parties' Websites

The Site may contain links and interactive functionality interacting with the websites of third parties, including social sites and product manufacturers' sites. Ben Hill Griffin Inc. is not responsible for and has no liability for the functionality, actions, inactions, privacy settings, privacy policies, terms, or content of any such website. Before enabling any sharing functions of the Site to communicate with any such website or otherwise visiting any such website, Ben Hill Griffin Inc strongly recommends that you review and understand the terms and conditions, privacy policies, settings, and information-sharing functions of each such third-party website. The links and interactive functionality for third-party sites on the Site do not constitute an endorsement by Ben Hill Griffin Inc. of such third-party sites. Other sites may link to the Site with or without our authorization, and we may block any links to or from the Site. YOUR USE OF THIRD-PARTY WEBSITES AND RESOURCES IS AT YOUR OWN RISK.

Disclaimers of Warranties

Ben Hill Griffin Inc. cannot and does not represent or warrant that the Site or its server will be error-free, uninterrupted, free from unauthorized access (including third-party hackers or denial of service attacks), or otherwise meet your requirements.

THE SITE AND ALL INFORMATION, CONTENT, MATERIALS , PRODUCTS, SERVICES, AND USER CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE (COLLECTIVELY, THE "SITE CONTENTS") ARE PROVIDED BY BEN HILL GRIFFIN INC. ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. BEN HILL GRIFFIN INC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE ACCURACY OR COMPLETENESS OF THE SITE CONTENTS, OR THAT EMAILS SENT FROM BEN HILL GRIFFIN INC ARE FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. BEN HILL GRIFFIN INC WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE OR THE SITE CONTENTS INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. TO THE FULL EXTENT PERMITTED BY LAW, BEN HILL GRIFFIN INC DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE SITE AND THE SITE CONTENTS, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE OR USE.

On the Site, we may display names, marks, products, advertisements, or services of third parties, pop-up texts, or links to third-party sites. IN NO EVENT WILL WE BE LIABLE, DIRECTLY OR INDIRECTLY, TO ANYONE FOR ANY DAMAGE OR LOSS ARISING FROM OR RELATING TO ANY USE, CONTINUED USE, OR RELIANCE ON ANY ADVERTISEMENT DISPLAYED ON THE SITE, ANY PRODUCTS, SERVICES, OR OTHER MATERIALS RELATING TO ANY SUCH ADVERTISEMENT, ANY LINKED THIRD-PARTY SITE, OR ANY LINK CONTAINED IN A LINKED SITE. If you decide to link to any such third-party sites, you do so entirely at your own risk.

Jurisdiction

The Site is controlled and operated by Ben Hill Griffin Inc from the United States, and is not intended to subject Ben Hill Griffin Inc to the laws or jurisdiction of any state, country or territory other than that of the United States. Ben Hill Griffin Inc does not represent or warrant that the Site or any part thereof is appropriate or available for use in any jurisdiction other than the United States. In choosing to access the Site, you do so on your own initiative and at your own risk, and you are responsible for complying with all local laws, rules and regulations. We may limit the Site's availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL BEN HILL GRIFFIN INC OR ITS EMPLOYEES, DIRECTORS, OFFICERS, OR AGENTS BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS), WHETHER IN CONTRACT OR TORT, EVEN IF BEN HILL GRIFFIN INC HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. EACH PROVISION OF THESE TERMS & CONDITIONS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THE AGREEMENT BETWEEN YOU AND BEN HILL GRIFFIN INC. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND BEN HILL GRIFFIN INC. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE(S). IF YOU ARE DISSATISFIED WITH THE SITE, ANY CONTENT ON THE SITE, OR THESE TERMS & CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU, AND YOU MAY HAVE RIGHTS ADDITIONAL TO THOSE CONTAINED HEREIN.

Indemnification

As a condition of the use of the Site, you agree to defend, indemnify, and hold harmless Ben Hill Griffin Inc and its respective employees, directors, officers, agents, vendors, and suppliers from and against any liabilities, losses, investigations, inquiries, claims, suits, damages, costs, and expenses (including, without limitation, reasonable attorneys' fees and expenses) (each, a "Claim") arising out of or otherwise relating to your use of the Site, including without limitation any User Content submitted by you and Claims alleging facts that if true would constitute a breach by you of these Terms & Conditions.

Notices and Electronic Communications

Except as explicitly stated otherwise, any notices you send to Ben Hill Griffin Inc related to these Terms & Conditions shall be sent by mail to Ben Hill Griffin Incorporated, P.O. Box 127, Frostproof, FL 33843. In the case of notices Ben Hill Griffin Inc sends to you, you consent to receive notices and other communications by Ben Hill Griffin Inc posting notices on the Site, sending you an email at the email address listed in your profile. You agree that all agreements, notices, disclosures, and other communications that Ben Hill Griffin Inc provides to you in accordance with the prior sentence satisfy any legal requirement that such communications be in writing. Notice shall be deemed given (i) 24 hours after the notice is posted on the Site or an electronic message is sent, unless the sending party is notified that the message did not reach the recipient, or (ii) in the case of mailing, two days after the date of mailing. You agree that a printed version of these Terms & Conditions and/or any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms & Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

User Comments, Feedback and other Submissions

We welcome your comments regarding the Site; however, all comments, feedback, postcards, suggestions, ideas, or other submissions disclosed, submitted or offered to Ben Hill Griffin Inc on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, the "Comments") shall be and remain Ben Hill Griffin Inc’s property. Such disclosure, submission or offer of any Comments shall constitute an assignment to Ben Hill Griffin Inc of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, Ben Hill Griffin Inc will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. Ben Hill Griffin Inc will be entitled to use, reproduce, disclose, publish and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork. Ben Hill Griffin Inc is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments. You agree that no Comments submitted by you to the Site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You further agree that no Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Comments you make.

Placing an Order

A. Order Acceptance and Billing You represent and warrant that you have the right to use any credit card or other means of payment that you provide to us. All billing information you provide to us must be truthful and accurate. Providing any untruthful or inaccurate information is a breach of these Terms of Use and may result in cancellation of your order. Prior to accepting an order, we may also request additional information from you. Verification of information may be required prior to the acknowledgment or completion of any purchase. We reserve the right to refuse or cancel an order for any reason including limitations on quantities available for purchase, inaccuracies, or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. If your order is canceled after your credit card (or other payment account) has been charged, we will issue a credit to your credit card (or other applicable payment account) in the amount of the charge. We will attempt to contact you if all or any portion of your order is canceled or if additional information is required to accept your order. Ben Hill Griffin Inc may request a pre-authorization for some orders placed online with a credit or debit card. This pre-authorization will not be billed to you; however, your card issuer may hold this amount for a short period. Your card issuer determines the length of time the pre-authorization is held. We do this to ensure that the card details are still valid and that you have sufficient funds to complete the transaction.

By confirming your purchase at the end of the checkout process, you agree to accept and pay for the Products, as well as all shipping and handling charges and applicable taxes. Ben Hill Griffin Inc reserves the right, including without prior notice, to limit the quantity of items purchased per person, per household, or per order for any reason. We will attempt to notify you should such limits be applied. Ben Hill Griffin Inc also reserves the right, at our sole discretion, to prohibit sales to resellers. For purposes of these Terms of Use, “reselling” will be defined as purchasing or intending to purchase any Product(s) from Ben Hill Griffin Inc for the purpose of engaging in a commercial sale of the same Product(s) to a third party.

B. Pricing Information and Availability Ben Hill Griffin Inc cannot confirm the price or availability of an item until after your order is placed. Pricing or availability errors may occur on the Ben Hill Griffin Nursery Site. The receipt of an order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a Product. Ben Hill Griffin Inc reserves the right to cancel any orders containing pricing or availability errors, with no further obligations to you, even after your receipt of an order confirmation or shipping notice from Ben Hill Griffin Nursery. Ben Hill Griffin Inc may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Pricing for products may be different on the Ben Hill Griffin Nursery website or from prices available in Ben Hill Griffin Nursery local onsite location.

Promotions

Any sweepstakes, contests, raffles, or other promotions (collectively, "Promotions") made available through the Site may be governed by rules that are separate from these Terms & Conditions. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms & Conditions, the Promotion rules will apply.

Disputes

PLEASE READ THIS SECTION CAREFULLY: YOU AGREE THAT ALL MATTERS RELATING TO YOUR ACCESS TO OR USE OF THE SITE AND ALL MATTERS ARISING OUT OF OR RELATED TO THESE TERMS & CONDITIONS, INCLUDING ALL DISPUTES, WILL BE GOVERNED BY THE LAWS OF THE STATE OF FLORIDA, UNITED STATES OF AMERICA, WITHOUT REGARD TO FLORIDA'S CHOICE OF LAW PRINCIPLES. YOU FURTHERMORE AGREE THAT THE EXCLUSIVE FORUM AND VENUE FOR ANY LEGAL ACTION ARISING OUT OF OR RELATED TO THESE TERMS & CONDITIONS SHALL BE THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF FLORIDA, AND YOU SUBMIT TO THE PERSONAL JURISDICTION OF THAT COURT. IF SUBJECT MATTER JURISDICTION (INCLUDING DIVERSITY JURISDICTION) DOES NOT EXIST IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF FLORIDA, THEN THE EXCLUSIVE FORUM AND VENUE FOR ANY SUCH ACTION SHALL BE THE COURTS OF THE STATE OF FLORIDA LOCATED IN POLK COUNTY, AND YOU SUBMIT TO THE PERSONAL JURISDICTION OF THOSE COURT. THE MAKING OF CLAIMS OR RESOLUTION OF DISPUTES PURSUANT TO THIS AGREEMENT SHALL BE IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SITE AND/OR THESE TERMS & CONDITIONS WILL BE RESOLVED INDIVIDUALLY IN THE FORUM DESIGNATED IN THIS SECTION, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; AND (2) ANY AND ALL CLAIMS, JUDGMENTS, AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY), BUT IN NO EVENT WILL ATTORNEYS' FEES BE AWARDED OR RECOVERABLE.

Miscellaneous

Any person or entity who interacts with the Site through the use of crawlers, robots, browsers, data mining or extraction tools, or other functionality, whether such functionality is installed or placed by such person or entity or a third party, is considered to be using the Site.

Contact Us

If you have any concerns about Ben Hill Griffin Nursery or your use of the Site, please contact us at 863-635-2251 or email us at mdejonge@bhgriffin.com with a detailed description of your concern. Please note that these communications will not necessarily be secure; accordingly, you should not include credit card information or other sensitive information in your e-mail correspondence with us.