Terms of Use & Conditions of Sale
TERMS OF
USE
Please read
these terms of use carefully before using this website. By using our web
site, you agree to these terms of use. If you do not agree to these terms
of use, you may not use this website. Eclectic Garden reserves the right,
at any time, to modify, alter, or update these terms of use, and you agree to be
bound by such modification, alterations or updates.
Copyright
All content
included in our web site, such as text, graphics, logos, button icons, images,
is the property of Eclectic Garden or it's product and content suppliers. This
content is protected by US and international copyright laws. The
compilation, arrangement, collection, and assembly of all content on our website
is the property of Eclectic Garden, and is protected by US and international
copyright laws.
Products
The products
displayed in this web site are representative of the Eclectic Garden
collection. The prices displayed in this website are quoted in US dollars,
and are valid and effective only in the United States. The particular
technical specifications and settings of your computer could effect the accuracy
of it's display of the colors of products offered on this web site. The
products shown on this website may be changed without notice. Some of our
products are handcrafted, limited edition items. These products may have
minor variances from the item in the photo. Eclectic Garden assumes no
responsibility for any type errors contained in this website, product or
otherwise related. Eclectic Garden reserves the right to reject any orders
for any reason, including but not limited to, price listing errors, and
suspicious purchase information.
Links to Other Websites
Eclectic Garden may
contain links to web sites other than our own. Eclectic Garden does not
assume any responsibility for those sites and provided those links solely for
the convenience of our visitors. Eclectic Garden does not control the
content of these sites and takes no responsibility for their content.
NO WARRANTIES
THIS SITE AND
THE CONTENTS OF THIS SITE ARE PROVIDED ON AN AS IS AND AS AVAILABLE BASIS.
ECLECTIC GARDEN MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR FREEDOM FROM
MALICIOUS PROGRAMS (SUCH AS VIRUSES, WORMS, TROJAN HORSES) OR IMPLIED WARRANTIES
OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THIS WEB
SITE OR IT'S CONTENTS. ECLECTIC GARDEN DOES NOT REPRESENT OR WARRANT THAT
THE INFORMATION CONTAINED IN THIS WEB SITE IS ACCURATE, COMPLETE, OR UP-TO-DATE,
THAT THIS SITE IS FREE OF DEFECTS OR TYPE ERRORS, AND THAT THESE DEFECTS OR TYPE
ERRORS WILL BE REMEDIED.
LIMITATION OF LIABILITY
IN NO EVENT
SHALL ECLECTIC GARDEN OR ANY OR IT'S AFFILIATED ENTITIES OR SUPPLIERS BE LIABLE
FOR ANY ACTUAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR
CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, EVEN IF ECLECTIC GARDEN
HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN
ACTION UNDER CONTRACT, NEGLIGENCE OR UNDER ANY OTHER THEORY, ARISING OUT OF OR
IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION,
SERVICES, PRODUCTS AND MATERIALS AVAILABLE FROM THIS WEB SITE.
Indemnity
You agree to
defend, indemnify and hold harmless Eclectic Garden, it's affiliates and
employees, if any, from and against any and all claims, damages, losses, costs
and expenses, including but not limited to, reasonable attorney fees and court
costs, arising from or related to your use of this website.
Applicable Law
The Eclectic
Garden web site is created and controlled by Eclectic Garden in the State of
Oklahoma, USA. As such, the laws of the State of Oklahoma will govern
these disclaimers, terms of conditions without giving effect to any principles
of conflict of law. We reserve the right make changes to our web site and
these disclaimers, terms and conditions at any time.
By using this web site, placing an order or requesting information for goods or services offered or promoted herein, you will be deemed to have agreed to the exclusive jurisdiction of the State and Federal courts of the State of Oklahoma, USA for resolution of any dispute you have relating to such goods or services. No choice of law rules of any jurisdiction apply. By using this document you disclaim the U.N. Convention on Contracts for the International Sale of Goods.
Dispute Resolution by
Arbitration
You agree that all
disputes, controversies, or claims arising under or relating to this Agreement
shall be promptly resolved exclusively by binding arbitration, pursuant to the
commercial rules of the American Arbitration Association, by a single
arbitrator, appointed in accordance with those rules at, and in Oklahoma County,
Oklahoma, and which all costs and fees of same, including attorney fees and
costs, shall be borne by the non-prevailing party. The laws of the State
of Oklahoma shall govern the validity, construction, enforcement, and
interpretation of this Agreement. This Agreement contains the entire agreement
between you and Eclectic Garden regarding the matters described herein, and the
fees charged, and expenses to be paid relative thereto, and supersedes all prior
oral or written statements.