Welcome to Hudson Valley Plant Health Care’s terms and conditions of use.  These terms and conditions of use apply to and govern your use of the www.hvphc.com website (the “site”).  Your use of the site signifies your agreement to be bound by these terms and conditions.  If you do not agree to be bound by these terms and conditions of use, you may not access or otherwise use the site.  Hudson Valley Plant Health Care Privacy Policy addresses Hudson Valley Plant Health Care use and release of information collected from your use of the site.

Website Terms And Conditions Of Use
License to Use the site
Changes to Terms and Conditions
Ownership; Restrictions
Changes to site or Content
Acceptable Use Policy
Indemnification
Links to Other websites
Disclaimer of Warranties and Damages; Limitation of Liability
Hudson Valley Plant Health Care Rights to Materials Provided by Users
No Responsibility for Transmitted Material
Merchandise Pricing
Non-United States Residents
General Provisions

Privacy Policy
Personal and Non-Personal Information
Cookies
Internet Protocol (IP) Address
Consent to Processing
Other sites
Supplemental Information
Security
Choice/Opt-Out
Correct/Update
Your Acceptance of this Policy

Copyright and Trademark Notice
Copyright 2012 Hudson Valley Plant Health Care, Inc. All Rights Reserved.

Website Terms And Conditions Of Use

License to Use the site

Hudson Valley Plant Health Care grants you a non-exclusive, non-transferable, limited right to access, use and display the site and the materials thereon for your personal use only, provided that you comply fully with these terms and conditions of use.  You shall not interfere or attempt to interfere with the operation of the site in any way through any means or device including, but not limited to, spamming, hacking, uploading computer viruses or time bombs, or other means expressly prohibited by any provision of these terms and conditions of use.

Changes to Terms and Conditions

Hudson Valley Plant Health Care reserves the right, at its sole discretion, to change, modify, add or remove any portion of these terms and conditions of use, in whole or in part, at any time.  Changes in these terms and conditions of use will be effective when posted.  You agree to review these terms and conditions of use periodically to be aware of any changes.  Your continued use of the site after any changes to these terms and conditions of use are posted will be considered acceptance of those changes.

Ownership; Restrictions

Hudson Valley Plant Health Care own, controls, licenses or has the right to use and provide the site and all material on the site, including without limitation text, images, articles, photographs, illustrations, audio and video clips, (collectively the “Content”).  The site is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. Hudson Valley Plant Health Care is the owner of the copyright in the entire site. Hudson Valley Plant Health Care owns a copyright in the selection, coordination, arrangement and enhancement of the site.  You agree to abide by any and all copyright notices, information or restrictions displayed on the site.

You may not modify, create derivative works from, participate in the transfer or sale of, post on the World Wide Web, or in any way exploit the site or any portion thereof for any public or commercial use without the express written permission of Hudson Valley Plant Health Care.  In the event of any permitted copying, redistribution or publication of material from the site, no changes in or deletion of author attribution, trademark, legend or copyright notice shall be made.  You may obtain more information on the copyrights, trademarks, and service-marks of Hudson Valley Plant Health Care and its affiliates and Content owners by viewing the Copyright and Trademark Notice.

Changes to site or Content

Hudson Valley Plant Health Care shall have the right for any reason, in its sole discretion, to terminate, change, suspend or discontinue any aspect of the site, including but not limited to Content, features, or hours of availability. Hudson Valley Plant Health Care may also impose limits on certain features and services or restrict your access to parts or all of the site without notice or liability.

Acceptable Use Policy

As a condition of your use of this site, you warrant to Hudson Valley Plant Health Care that you:

  • Will only use this site for lawful purposes in accordance with our terms and conditions.
  • Agree with our online Privacy Policy.
  • Agree to honor our intellectual property rights.
  • Agree to provide us with accurate information as necessary for the proper conduct of electronic commerce through our site and to take responsibility for the information you provide.
  • Acknowledge that we may be unable to process and shall have no responsibility to process transactions the accuracy of which we cannot validate.
  • Agree not to create a link (other than personal “bookmark” or “favorites” entry) to our site without first obtaining our written permission.
  • Will refrain from using profane, vulgar, inflammatory, libelous, or similarly discourteous language in any e-mail or form entry created through this site.

Indemnification

You shall indemnify, defend and hold harmless Hudson Valley Plant Health Care, and other affiliated entities, and all their officers, directors, owners, agents, employees, Content providers, affiliates, licensors and licensees (collectively, the “Indemnified Parties”) from and against any and all losses, damages, liabilities, and claims and all fees, costs, expenses, of any kind related thereto (including, without limitation, reasonable attorneys’ fees) incurred by the Indemnified Parties in connection with any claim arising out of, based upon or resulting from your use of the site.  Hudson Valley Plant Health Care reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of Hudson Valley Plant Health Care.

Links to Other websites

The site may contain links and pointers to the other related World Wide Web Internet sites, resources, and sponsors of the site.  Links to and from the site to other third party sites, maintained by third parties, does not constitute an endorsement by Hudson Valley Plant Health Care or any of its affiliates of any third party resources or their contents.  Links do not imply that Hudson Valley Plant Health Care or the site sponsors are affiliated or associated with or are legally authorized to use any trademark, trade-name, logo or copyright symbol displayed in or accessible through the links, or that any linked sites are authorized to use any trademark, trade-name, logo or copyright symbol of Hudson Valley Plant Health Care or any of its affiliates. You should direct any concerns regarding any external link to its site administrator or webmaster.  Hudson Valley Plant Health Care does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed or distributed through the site.  You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk.  Hudson Valley Plant Health Care reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the site.

Disclaimer of Warranties and Damages; Limitation of Liability

THE SITE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE, IS PROVIDED ON AN “AS IS” “AS AVAILABLE” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.  NEITHER Hudson Valley Plant Health Care NOR ITS CONTENT PROVIDERS WARRANT THAT THE FUNCTIONS, FEATURES OR CONTENT CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY OTHER SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; NOR DO THEY MAKE ANY WARRANTY OR REPRESENTATION AS TO THE ACCURACY OR RELIABILITY OF THE SITE, THE CONTENT THEREOF, THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE SITE, ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SITE OR ANY LINKED SITE.  Hudson Valley Plant Health Care AND AFFILIATES MAKE NO WARRANTIES AND SHALL NOT BE LIABLE FOR THE USE OF THE SITE, INCLUDING WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN UNDER ANY DIRECT OR INDIRECT CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO Hudson Valley Plant Health Care’s NEGLIGENCE.  IF YOU ARE DISSATISFIED WITH THE SITE OR ANY MATERIALS ON THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.

UNDER NO CIRCUMSTANCES SHALL Hudson Valley Plant Health Care’s AFFILIATES OR CONTENT PROVIDERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE CONTENT, MATERIALS AND FUNCTIONS IN THE SITE, INCLUDING WITHOUT LIMITATION LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS, EVEN IF SUCH ENTITIES OR AN AUTHORIZED REPRESENTATIVE THEREOF HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.  IN NO EVENT SHALL THE TOTAL LIABILITY OF Hudson Valley Plant Health Care AND AFFILIATES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THESE TERMS AND CONDITIONS OF USE OR YOUR USE OF THE SITE EXCEED, IN THE AGGREGATE, $100.

Hudson Valley Plant Health Care, Rights to Materials Provided by Users

Hudson Valley Plant Health Care welcomes your comments regarding our merchandise and services, including the site.  However, any or all material and information provided by you to the site may be included in a database owned by Hudson Valley Plant Health Care and its subsidiaries and affiliates in which we have rights and interest, including but not limited to, the compilation copyright.  We reserve the right to use any information or materials you provide to us or that we obtain through your use of the site to the fullest extent permitted by law.

By posting messages, uploading files, inputting data or engaging in any other form of communication (individually or collectively “Communications”) to or within the site, you grant to Hudson Valley Plant Health Care a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license to use (including use for promotional and advertising purposes), copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit such Communications and any ideas or original materials contained in such Communications, in all media now known or hereafter developed. This grant shall include the right to exploit any and all proprietary rights in such Communications including, without limitation, any and all rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction.  You waive all rights you may have to inspect and/or approve of any use by Hudson Valley Plant Health Care of any material or idea submitted by you in any Communications or receive any compensation for such use.  You waive all rights to any claim against Hudson Valley Plant Health Care for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such Communications.  You agree and understand that Hudson Valley Plant Health Care is under no obligation to use any material or ideas submitted by you in any Communications in any way whatsoever.

No Responsibility for Transmitted Material

You acknowledge that transmissions to and from this site are not confidential and your Communications may be read or intercepted by others.  You acknowledge that by submitting Communications to Hudson Valley Plant Health Care or the site, no confidential, fiduciary, contractually implied or other relationship is created between you and Hudson Valley Plant Health Care or any Hudson Valley Plant Health Care affiliate, parent company or subsidiary other than pursuant to these terms and conditions of use.  Hudson Valley Plant Health Care shall not be responsible for the payment of any monies to any party in connection with Hudson Valley Plant Health Care, use of Communications submitted by you to the site.

Merchandise Pricing

All prices displayed on this site are quoted in U.S. Dollars and are valid and effective only in the United States.  Pricing is subject to change.  Please contact us directly for current pricing for an item.

Non-United States Residents

Hudson Valley Plant Health Care makes no representation that materials in the site, including merchandise offered for sale on the site and their copyrights, trademarks, patents, and licensing arrangements, are appropriate or available for use in locations other than the United States. Those who choose to access this site from other locations outside of the U.S. do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

General Provisions

These terms and conditions of use shall be governed by and construed in accordance with the laws of the State of New York, without regard to conflicts of laws provisions.  The sole and exclusive jurisdiction for any action or proceeding arising out of or related to these terms and conditions of use shall be an appropriate State or Federal court located in Orange County in the State of New York and you hereby irrevocably consent to the jurisdiction of such courts.  If for any reason a court of competent jurisdiction finds any provision of these terms and conditions of use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these terms and conditions of use, and the remainder of these terms and conditions of use shall continue in full force and effect.  These terms and conditions of use constitute the entire agreement between you and Hudson Valley Plant Health Care with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter.  No waiver by either you or Hudson Valley Plant Health Care of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.  The section headings used herein are for convenience only and shall not be given any legal import.  “Hudson Valley Plant Health Care” as used herein shall mean Hudson Valley Plant Health Care.

Privacy Policy

Hudson Valley Plant Health Care has created this privacy statement in order to demonstrate our firm commitment to our visitors’ and customers’ privacy.  The following discloses our information gathering and dissemination practices for this website: www.hvphc.com.

Personal and Non-Personal Information

When registering at our site, entering a contest, or responding to a survey, you may be asked to provide certain personally identifiable information about yourself, such as your name, email address, physical address, or telephone number.  For purchases, we require a name, physical address, telephone number, etc.

We use personal information provided on order forms, such as a purchasers name, email address, physical address, etc, to fulfill merchandise orders.  We may also use order information to contact a purchaser when necessary, such as when a delivery may be delayed or when an ordered product is out of stock.  Hudson Valley Plant Health Care may use personal information to notify consumers about new products or services. If we do, we will provide you with an email address by which you may inform us that you do not wish to receive such materials in the future.  Hudson Valley Plant Health Care will not share any personal information without your permission with any unaffiliated third parties, unless required by law.

We may also request non-personally identifiable information, such as annual income, buying preferences, or age, also known as demographic and profile data, though this information is optional. We may use this data to improve our site and enhance your shopping experience.  For example, we may use this data to tailor your experience at our site, showing you content that we think you might be interested in, and displaying content according to your preferences. We may also share this information with others, such as advertisers interested in advertising on the Hudson Valley Plant Health Care site, in aggregate, anonymous form, which means that the information will not contain any personally identifiable information about you or any other person.

Cookies

“Cookies” are pieces of information that are placed on an individual’s computer hard drive to enable the individual to more easily communicate and interact with the Hudson Valley Plant Health Care site. Hudson Valley Plant Health Care may use cookies to customize your shopping experience, to keep track of your shopping cart and to make sure you don’t see the same ad repeatedly.  However, you may disallow cookies through your web browser and still browse our site. Hudson Valley Plant Health Care will never use cookies to retrieve information from a computer that is unrelated to the Hudson Valley Plant Health Care site or your interaction with the Hudson Valley Plant Health Care site.

Internet Protocol (IP) Address

We may use your IP address to help diagnose problems with our server, and to administer our site. Your IP address is used to help identify you and your shopping cart for the duration of a session and to gather broad demographic information.

Consent to Processing

By providing any personal information to this site, you fully understand and unambiguously consent to the collection and processing of such information in the United States.

Other sites

Our site may contain links to other sites.  Other sites may also reference or link to our site.  Hudson Valley Plant Health Care is not responsible for the privacy practices or the content of such other sites.

Supplemental Information

We may supplement the information that you provide to us with information that is received from third parties.

Security

We take seriously the security for all personal and non-personal information associated with our visitors and customers.  We use the encryption process Secure Sockets Layering (SSL) to secure transmission of your order. Only those Hudson Valley Plant Health Care employees who need access to your information in order to perform their duties are allowed access.  Any employee who violates our privacy and/or security policies may be subject to disciplinary action, including possible termination and civil and/or criminal prosecution.

Choice/Opt-Out

If we ever send you information by email concerning new Hudson Valley Plant Health Care products or services, we will provide you with an email address by which you may request no future notices. You may also reply to any email list mailings with the word “Remove” in the subject line to be removed from future mailings.

Correct/Update

If you have registered with us, you may review for accuracy and update your account information by contacting us directly.

Your Acceptance of this Policy

By using this site, you signify your assent to our Privacy Policy.  If you do not agree to this policy, please do not use our site.  We reserve the right, at our discretion, to change, modify, add, or remove portions from this policy at any time.  Your continued use of our site following the posting of changes to these terms means you accept these changes.

Copyright And Trademark Notice

Copyright 2010 by Hudson Valley Plant Health Care All Rights Reserved.

All materials contained on this site are subject to the ownership rights of Hudson Valley Plant Health Care and its suppliers. No other permission is granted to you to print, copy, reproduce, distribute, transmit, upload, download, store, display in public, alter, or modify the content contained on this website.

This site also contains trademarks of Hudson Valley Plant Health Care protected under United States and International Trademarks laws.   Use of such marks without Hudson Valley Plant Health Care written permission is strictly prohibited.