Terms and Conditions
Agreement between User and www.hansberrygarden.org/shop
Welcome to www.hansberrygarden.org/shop. The www.hansberrygarden.org/shop website (the
“Site”) is comprised of various web pages operated by Hansberry Garden & Nature Center, Inc.
(“HGNC”). www.hansberrygarden.org/shop is offered to you conditioned on your acceptance
without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use
of www.hansberrygarden.org/shop constitutes your agreement to all such Terms. Please read
these terms carefully, and keep a copy of them for your reference.
www.hansberrygarden.org/shop is an E-Commerce Site, fundraising for a nonprofit community garden in Philadelphia
Visiting www.hansberrygarden.org/shop or sending emails to HGNC constitutes electronic
communications. You consent to receive electronic communications and you agree that all
agreements, notices, disclosures and other communications that we provide to you electronically,
via email and on the Site, satisfy any legal requirement that such communications be in writing.
Children Under Thirteen
HGNC does not knowingly collect, either online or offline, personal information from persons
under the age of thirteen. If you are under 18, you may use www.hansberrygarden.org/shop only
with permission of a parent or guardian.
Links to Third Party Sites/Third Party Services
www.hansberrygarden.org/shop may contain links to other websites (“Linked Sites”). The Linked
Sites are not under the control of HGNC and HGNC is not responsible for the contents of any
Linked Site, including without limitation any link contained in a Linked Site, or any changes or
updates to a Linked Site. HGNC is providing these links to you only as a convenience, and the
inclusion of any link does not imply endorsement by HGNC of the site or any association with its
Certain services made available via www.hansberrygarden.org/shop are delivered by third party
sites and organizations. By using any product, service or functionality originating from the
www.hansberrygarden.org/shop domain, you hereby acknowledge and consent that HGNC may
share such information and data with any third party with whom HGNC has a contractual
relationship to provide the requested product, service or functionality on behalf of
www.hansberrygarden.org/shop users and customers.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use
your use of the Site, you warrant to HGNC that you will not use the Site for any purpose that is
unlawful or prohibited by these Terms. You may not use the Site in any manner which could
damage, disable, overburden, or impair the Site or interfere with any other party’s use and
enjoyment of the Site. You may not obtain or attempt to obtain any materials or information
through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the
compilation thereof, and any software used on the Site, is the property of HGNC or its suppliers
and protected by copyright and other laws that protect intellectual property and proprietary rights.
You agree to observe and abide by all copyright and other proprietary notices, legends or other
restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create
derivative works, or in any way exploit any of the content, in whole or in part, found on the Site.
HGNC content is not for resale. Your use of the Site does not entitle you to make any
unauthorized use of any protected content, and in particular you will not delete or alter any
proprietary rights or attribution notices in any content. You will use protected content solely for
your personal use, and will make no other use of the content without the express written
permission of HGNC and the copyright owner. You agree that you do not acquire any ownership
rights in any protected content. We do not grant you any licenses, express or implied, to the
intellectual property of HGNC or our licensors except as expressly authorized by these Terms.
The Service is controlled, operated and administered by HGNC from our offices within the USA.
If you access the Service from a location outside the USA, you are responsible for compliance
with all local laws. You agree that you will not use the HGNC Content accessed through
www.hansberrygarden.org/shop in any country or in any manner prohibited by any applicable
laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless HGNC, its officers, directors, employees,
agents and third parties, for any losses, costs, liabilities and expenses (including reasonable
attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any
user postings made by you, your violation of any terms of this Agreement or your violation of any
rights of a third party, or your violation of any applicable laws, rules or regulations. HGNC
reserves the right, at its own cost, to assume the exclusive defense and control of any matter
otherwise subject to indemnification by you, in which event you will fully cooperate with HGNC in
asserting any available defenses.
In the event the parties are not able to resolve any dispute between them arising out of or
concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or
otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved
only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single
neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration
service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s
award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the
event that any legal or equitable action, proceeding or arbitration arises out of or concerns these
Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable
attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and
Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or
indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree
that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The
entire dispute, including the scope and enforceability of this arbitration provision shall be
determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR
AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR
TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE
INFORMATION HEREIN. HANSBERRY GARDEN & NATURE CENTER, INC. AND/OR
ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT
HANSBERRY GARDEN & NATURE CENTER, INC. AND/OR ITS SUPPLIERS MAKE
NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY,
TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY
PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL
SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED
GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF
ANY KIND. HANSBERRY GARDEN & NATURE CENTER, INC. AND/OR ITS
SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH
REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND
RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT
SHALL HANSBERRY GARDEN & NATURE CENTER, INC. AND/OR ITS SUPPLIERS
BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL,
CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING,
WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS,
ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR
PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE
OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE
SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND
RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING
OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT,
NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF HANSBERRY GARDEN
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& NATURE CENTER, INC. OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE
POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL
OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF
DISCONTINUE USING THE SITE.
HGNC reserves the right, in its sole discretion, to terminate your access to the Site and the related
services or any portion thereof at any time, without notice. To the maximum extent permitted by
law, this agreement is governed by the laws of the Commonwealth of Pennsylvania and you hereby
consent to the exclusive jurisdiction and venue of courts in Pennsylvania in all disputes arising out
of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not
give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between
you and HGNC as a result of this agreement or use of the Site. HGNC’s performance of this
agreement is subject to existing laws and legal process, and nothing contained in this agreement is
in derogation of HGNC’s right to comply with governmental, court and law enforcement requests
or requirements relating to your use of the Site or information provided to or gathered by HGNC
with respect to such use. If any part of this agreement is determined to be invalid or unenforceable
pursuant to applicable law including, but not limited to, the warranty disclaimers and liability
limitations set forth above, then 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 continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user
and HGNC with respect to the Site and it supersedes all prior or contemporaneous
communications and proposals, whether electronic, oral or written, between the user and HGNC
with respect to the Site. A printed version of this agreement and of any notice given in electronic
form shall be admissible in judicial or administrative proceedings based upon or relating to this
agreement to the same extent and subject to the same conditions as other business documents and
records originally generated and maintained in printed form. It is the express wish to the parties
that this agreement and all related documents be written in English.
Changes to Terms
HGNC reserves the right, in its sole discretion, to change the Terms under which
www.hansberrygarden.org/shop is offered. The most current version of the Terms will supersede
all previous versions. HGNC encourages you to periodically review the Terms to stay informed of
HGNC welcomes your questions or comments regarding the Terms:
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Hansberry Garden & Nature Center, Inc.
5150 Wayne Ave.
Philadelphia, Pennsylvania 19144
Effective as of May 06, 2021
This is a RocketLawyer.com document.