(b) GardenGrocer's employees, agents or designees will shop and deliver grocery orders placed with GardenGrocer.com. Delivery will be made to the address specified by you, the Member when the order is placed. Shipping or delivery information incorrectly stated in the order may cause a delay of up to two days in delivery. The cost of a second delivery due to incorrect address information is $20 and it shall be the purchaser's responsibility. Please check all shipping information carefully, especially zip code information.

(c) Full payment for groceries and associated shopping and delivery fees is due prior to or at the time of delivery if the C.O.D. (cash on delivery) option is chosen at the time the order is placed. You, the Member are responsible for ensuring that someone will be present at the delivery address to receive and, if the order is to be handled as a C.O.D. (cash on delivery), pay for the delivery on the scheduled day/time. You must allow a two (2) hour window of time for these deliveries. If this is not possible, you must notify us when the order is placed. If no one is present at the designated delivery date/time and a second delivery is necessary, you will be charged a $20 fee.

(d) If you wish to have us leave the order "unattended", you must give us specific delivery directions at the time the order is placed. If you have chosen to have us leave an order unattended, and as long as we have followed your written directions, we are not responsible for damage or theft of these unattended orders.

(e) If GardenGrocer is responsible for missing a delivery day/time (beyond the two hour "window"), GardenGrocer is responsible for making the delivery on a date/time that is mutually agreed upon by both parties.

(f) If you are not satisfied for any reason with an item purchased through GardenGrocer, you may return it and the purchase amount will be credited toward your next order, credited toward your credit card account, or sent to you by mail.

2. Disclaimer of Warranties.

The site is provided by GardenGrocer on an "as is" and on an "as available" basis. To the fullest extent permitted by applicable law, GardenGrocer makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise. GardenGrocer shall have no liability for any interruptions in the use of this Website. GardenGrocer disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, therefore the above-referenced exclusion is inapplicable.

3. Limitation of Liability

GARDENGROCER SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR GARDENGROCER SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEB SITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF GARDENGROCER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS ARE INAPPLICABLE.

4. Indemnification

Member agrees to indemnify and hold GardenGrocer, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees and costs, made by any third party due to or arising out of Member's use of the Service, the violation of this Agreement, or infringement by Member, or other user of the Service using Member's computer, of any intellectual property or any other right of any person or entity.

5. Shopping Cart and Member Accounts

(a) You must be at least eighteen (18) years of age to register for service with GardenGrocer−No exceptions. At the time of registration you, the Member agree to provide GardenGrocer with accurate information which will include:

· Legal name
· Billing and shipping/delivery addresses
· Telephone number(s)
· Credit card information (where applicable)−Name as it appears, Number, Expiration Date.

(b) All Members of the Service shall receive a password and an account. Members are entirely responsible for any and all activities which occur under their account whether authorized or not authorized. Member agrees to notify GardenGrocer of any unauthorized use of Member's account or any other breach of security known or should be known to the Member. Member's right to use the Service is personal to the Member. Member agrees not to resell or make any commercial use of the Service without the express written consent of GardenGrocer. Please see our "Privacy Policy" for Member privacy and security information.

6. Modifications and Interruption to Service

GardenGrocer reserves the right to modify or discontinue the Service with or without notice to the Member. GardenGrocer shall not be liable to Member or any third party should GardenGrocer exercise its right to modify or discontinue the Service. Member acknowledges and accepts that GardenGrocer does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.

7. Third-Party Sites

Our website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage all Members to review said privacy policies of third-parties' sites.

8. Disclaimer Regarding Accuracy of Vendor Information

Product specifications and other information have either been provided by the Vendors or collected from publicly available sources. While GardenGrocer makes every effort to ensure that the information on this website is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this website.

GardenGrocer makes no warranties or representations whatsoever with regard to any product provided or offered by any Vendor, and you acknowledge that any reliance on representations and warranties provided by any Vendor shall be at your own risk.

9. Governing Jurisdiction of the Courts, Florida

Our website is operated and provided in the State of Florida. As such, we are subject to the laws of the State of Florida, and such laws will govern this Terms of Use, without giving effect to any choice of law rules. We make no representation that our website or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the State of Florida.

10. Compliance with Laws

Member assumes all knowledge of applicable law and is responsible for compliance with any such laws. Member may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.

11. Copyright and Trademark Information

All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is © 2005 GardenGrocer, with ALL RIGHTS RESERVED, or is the property of GardenGrocer and/or third parties protected by intellectual property rights. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of GardenGrocer is strictly prohibited. Members agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of GardenGrocer.

GardenGrocer™ and GardenGrocer.com™ are proprietary marks of GardenGrocer.com. GardenGrocer's trademarks may not be used in connection with any product or service that is not provided by GardenGrocer, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits GardenGrocer.

All other trademarks displayed on GardenGrocer's website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with GardenGrocer.

12. Notification of Claimed Copyright Infringement

Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, GardenGrocer.com designates the following individual as its agent for receipt of notifications of claimed copyright infringement.

By Mail: P.O. Box 784177, Winter Garden, FL 34778-4177
By Telephone: 866-855-4350
By Email: info@gardengrocer.com

13. Botnets

GardenGrocer retains the right, at our sole discretion, to terminate any accounts involved with botnets and related activities. If any hostnames are used as command and control points for botnets, GardenGrocer reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at our discretion.

14. Other Terms

If any provision of this Terms of Use and Service Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Use and Service Agreement and any other agreements referenced herein may be assigned by GardenGrocer, in our sole discretion, to a third party in the event of a merger or acquisition. This Terms of Use and Service Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a Member. Member agrees that by accepting this Terms of Use and Service Agreement, Member is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy Statement.