Conditions of Use
Thank you for shopping at earlmay.com. This website provides features to you subject to the following conditions. If you shop at earlmay.com, you accept these conditions. Please read them carefully.
When you visit earlmay.com or send an e-mail to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail when practicable. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirements that such communications be in writing.
All content included on this site is the property of Earl May Seed & Nursery (EMSN) or its content suppliers and protected by U. S. and international copyright laws.
Earlmay.com and related graphics, logos, page headers, service marks, and trademarks are trade dress of EMSN, and may not be used in connection with any product or service that is not ours, or in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits EMSN. All other trademarks not owned by us that are used on this site are the property of their respective owners, who may or may not be affiliated with, or sponsored by, EMSN.
If you maintain an account for this website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You accept responsibility for all activities that occur under your account and password.
Review of Anonymous Data from Google Analytics
We are committed to ensuring that our website contains content that is valuable and useful to our customers and potential customers who visit. To assist us in this, we have implemented the Google analytics demographics and interest reporting features on our website. These tools allow us to review anonymous data regarding the gender, age and interests of website visitors and adapt our website content to better reflect their needs. Although this information is collected through your Google ad settings, it is not provided to us in a personally-identifiable format. This means we cannot identify what information is about you, and we will not try to figure it out.
Risk of Loss
All items purchased from us are made pursuant to a shipment contract. The risk of loss and title for such items pass to you upon our delivery of such items to the carrier.
We do not warrant that all product descriptions or other content on this site are accurate, complete, reliable, current, or error-free. Many descriptions are furnished to us by third parties. If a product offered by us is not as described, your sole remedy is to return it to us.
Disclaimer of Warranties and Limitation of Liability
THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, AND PRODUCTS (INCLUDING SOFTWARE) MADE AVAILABLE TO YOU ARE PROVIDED BY EMSN ON AN “AS IS” AND “AS AVAILABLE” BASIS. EMSN 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 OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING.
TO THE FULLEST EXTENT PERMISSIBLE BY LAW, EMSN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. EMSN DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; OR ELECTRONIC COMMUNICATIONS SENT FROM EMSN ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. EMSN WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR INCONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING FROM EMSN.
By visiting earlmay.com, you agree that the laws of the State of Iowa, without regard to principles of conflicts of law, will govern these Conditions of Use and any dispute of any sort that may arise between you and EMSN.
Any dispute relating in any way to your visit to earlmay.com shall be settled in any state or federal court in Polk County, Iowa, and you consent to exclusive jurisdiction and venue of these courts.
Modification and Severability
We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If one 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.