Conditions of Use
Welcome to the High Country Gardens website. High Country Gardens (hereinafter called "High Country Gardens") and its affiliates provide their services to you subject to the following conditions. If you visit or shop at the High Country Gardens website, you accept these conditions. Please read them carefully. In addition, when you visit or purchase from any business affiliated with High Country Gardens, you also will be subject to the guidelines and conditions applicable to such business.
Please review our Privacy Notice, which also governs your visit to High Country Gardens.com, to understand our practices.
When you visit the High Country Gardens website or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of High Country Gardens or its content suppliers and is protected by United States and international copyright laws. All photographs are Digimarked and monitored. The compilation of all content on this site is the exclusive property of High Country Gardens and protected by U.S. and international copyright laws. All software used on this site is the property of High Country Gardens or its software suppliers and protected by United States and international copyright laws.
High Country Gardens, Desert Sunrise, Blue Reflection, Swallowtail, Raspberry Delight and Shades of Mango, and other marks indicated on our site are registered trademarks of High Country Gardens. High Country Garden's graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of High Country Gardens. High Country Gardens' trademarks and trade dress may not be used in connection with any product or service that is not High Country Gardens', in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits High Country Gardens. All other trademarks not owned by High Country Gardens or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by High Country Gardens.
License and Site Access
High Country Gardens grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of High Country Gardens. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of High Country Gardens. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of High Country Gardens and our affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing High Country Gardens' name or trademarks without the express written consent of High Country Gardens. Any unauthorized use terminates the permission or license granted by High Country Gardens. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of High Country Gardens so long as the link does not portray High Country Gardens, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any High Country Gardens logo or other proprietary graphic or trademark as part of the link without express written permission.
Reviews, Comments, Communications, and Other Content
If the High Country Gardens website so provides, visitors to the site may:
Post reviews, comments, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. High Country Gardens reserves the right (but not the obligation) to remove or edit such content, but may not regularly review posted content, if any.
If you do post content or submit material, and unless we indicate otherwise, you grant High Country Gardens and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant High Country Gardens and its affiliates and sub- licensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify High Country Gardens or its affiliates for all claims resulting from content you supply. High Country Gardens has the right but not the obligation to monitor and edit or remove any activity or content. High Country Gardens takes no responsibility and assumes no liability for any content posted by you or any third party.
Risk of Loss
All items purchased from High Country Gardens are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
High Country Gardens and its affiliates attempt to be as accurate as possible. However, High Country Gardens does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by High Country Gardens itself is not as described, your sole remedy is to receive your money back. Plants sold by High Country Gardens are covered by the High Country Gardens guarantee.
With respect to items sold by High Country Gardens, despite our best efforts, a small number of the items in our catalog may be mispriced. If we discover a mispricing, we will do one of the following:
If an item's correct price is lower than our stated price, we will charge the lower amount and ship you the item.
If an item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
Please note that this policy applies only to products sold and shipped by High Country Gardens.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE IS PROVIDED BY HIGH COUNTRY GARDENS ON AN "AS IS" AND "AS AVAILABLE" BASIS. HIGH COUNTRYGARDENS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, HIGH COUNTRY GARDENS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. HIGH COUNTRY GARDENS DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM HIGH COUNTRY GARDENS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. HIGH COUNTRY GARDENS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL 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, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
By visiting the High Country Gardens website, you agree that the laws of the state of Vermont, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and High Country Gardens or its affiliates.
Any dispute relating in any way to your visit to the High Country Gardens website or to products you purchase through High Country Gardens shall be submitted to confidential arbitration in Williston, Vermont, except that, to the extent you have in any manner violated or threatened to violate High Country Gardens' intellectual property rights, High Country Gardens may seek injunctive or other appropriate relief in any state or federal court in the state of Vermont, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies posted on this site. These policies also govern your visit to this website. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
High Country Gardens
2438 Shelburne Road
Shelburne, VT 05482