SiteOne Landscape Supply Web Site Terms and Conditions
- Intellectual Property: Copyright 2021 SiteOne Landscape Supply, LLC and/or its suppliers. All Rights Reserved. SiteOne Landscape Supply, LLC (“SiteOne”) and/or its suppliers retains ownership of all right, title and interest in all copyrights in all documents, text, images, interactive media, and software owned by SiteOne and/or its suppliers.
SiteOne's green and gray color scheme, the pentagonal number one, and “SiteOne Landscape Supply” are trademarks of SiteOne.
- Use License. This Web site has been established primarily for the benefit and use of SiteOne branches, customers and potential customers. Not all products or services referred to may be available, and SiteOne may change the products or services described by this Web site at any time. This Web site may include inaccuracies, and the information in this Web site may be changed periodically. Check with your local SiteOne branch before relying on any product-related information found in this Web site.
Individuals are permitted to view or electronically copy material published on this Web site and to make print-outs thereof, solely for their personal information, provided that both the copyright notice and the permission notice appear thereon and provided that the materials are not modified. SiteOne branches are permitted to electronically copy material published on this Web site and to make print-outs thereof for the benefit and use by their customers and potential customers, provided that both the copyright notice and the permission notice appear thereon and provided that the materials are not modified. Without the express written permission from SiteOne, you may not retransmit any files from this Web site, or any modified versions thereof.
- Contacting Us. You may send to SiteOne comments, questions, suggestions or ideas relating to this Web site. If you do, you agree that such information sent to SiteOne is not given in confidence, that SiteOne is not obligated to keep such information secret and that SiteOne is not obligated to respond. SiteOne shall be free to use the information you send to SiteOne in any manner, including but not limited to developing, manufacturing, and marketing products based on such information. SiteOne may also reproduce, disclose and distribute the information in your communication to others without limitation.
- NO WARRANTIES; EXCLUSION OF LIABILITY
SOME STATES AND/OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DIRECT, INDIRECT, INCIDENTAL, SPECIAL AND/OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. The above exclusions of liability are not applicable to residents of New Jersey. With respect to residents of New Jersey, SiteOne shall not be liable for any damages resulting from the use of this Web Site or the materials in this Web Site unless such damages are the result of our negligent or reckless acts or omissions.
- Links to Third Party Sites.
- Uploaded Content.
You agree to indemnify and hold SiteOne (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers), harmless from all claims, demands, and damages of every kind and nature, known and unknown including reasonable attorneys' fees, arising out of a breach of your representations and warranties set forth above, or your violation of any law or the rights of a third party. For any content that you submit, you grant SiteOne and its authorized third-party service providers a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such content and/or incorporate such content into any form, medium or technology throughout the world without compensation to you.
- **Product Orders.** If you wish to purchase products or services described on the Web Site, you will be asked to supply certain information applicable to your purchase, including, without limitation, credit card and other information. Your Account may provide you a location to store your information and allow you to make a future purchase without re-entering information. You agree to pay all charges incurred by you and any users of your account and your credit card (or other applicable payment mechanism) at the price(s) in effect when such charges are incurred. You acknowledge that we may place a hold on your credit card for the purchase price of the charges incurred. All billing and registration information provided by you must be accurate, complete and correct. Submitting inaccurate, incomplete or incorrect information constitutes a breach of the terms. By confirming your purchase at the end of the checkout process, you agree to accept and pay for the items, products and / or services that you have requested. SiteOne shall have no liability for any unauthorized access or use of your Account or payment method in connection with products purchased on this Web site. Acknowledgment of an order signifies that we received your order request, but it does not constitute acceptance of your order or a promise to fulfill your order. The risk of loss and title for such titles pass to you upon SiteOne’s delivery of the items or products to the carrier.
SiteOne cannot guarantee the availability of any particular product displayed on this Web Site. SiteOne reserves the right, at its sole discretion, to (i) refuse service and to terminate accounts if SiteOne believes that customer conduct violates applicable law or these terms, is harmful to the interests of SiteOne, its subsidiaries or its affiliates, or for any other reason; (ii) limit the quantity of items purchased per person, per account, per household and per order; and (iii) refuse or cancel any order you place. These restrictions may be applied to the same account, same credit card and/or the same billing and/or shipping address.
- **General.** You agree that this agreement and your use of this Web Site are governed by the laws of the State of Georgia, USA. You hereby consent to the exclusive jurisdiction and venue of the courts, tribunals, agencies and other dispute resolution organizations in Atlanta, Georgia, USA in all disputes (i) arising out of, relating to, or concerning this Web Site and/or this agreement, (ii) in which this Web Site and/or this agreement is an issue or a material fact, or (iii) in which this Web Site and/or this agreement is referenced in a paper filed in a court, tribunal, agency or other dispute resolution organization. Use of this Web Site is unauthorized in any jurisdiction that does not give full effect to all provisions of this agreement, including without limitation this paragraph and the warranty disclaimers and liability exclusions above. SiteOne makes no representation that materials on this Web Site are appropriate or available for use in any particular jurisdiction. Use of this Web Site is unauthorized in any jurisdiction where all or any portion of this Web Site may violate any legal requirements and you agree not to access this Web Site in any such jurisdiction. You are responsible for compliance with applicable laws. Any use in contravention of this provision or any provision of this agreement is at your own risk and, if any part of this agreement is invalid or unenforceable under applicable law, 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 govern such use.
WITH THE PRIOR AGREEMENT OF SITEONE, ANY CLAIM, DISPUTE OR CONTROVERSY ARISING OUT OF, RELATING TO OR CONCERNING THIS SITE AND/OR THIS AGREEMENT SHALL BE DECIDED BY BINDING ARBITRATION IN ACCORDANCE WITH THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION AND ANY SUCH ARBITRATION PROCEEDINGS SHALL BE BROUGHT AND HELD IN ATLANTA, GEORGIA, USA. CLAIMS MAY ONLY BE BROUGHT IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PURPORTED REPRESENTATIVE OF ANY CLASS. THE DECISIONS OF THE ARBITRATORS SHALL BE BINDING AND CONCLUSIVE UPON ALL PARTIES INVOLVED AND JUDGMENT UPON ANY AWARD OF THE ARBITRATORS MAY BE ENTERED BY ANY COURT HAVING COMPETENT JURISDICTION. THIS PROVISION SHALL BE SPECIFICALLY ENFORCEABLE IN ANY COURT OF COMPETENT JURISDICTION