Last Modified: April 17, 2013
As we may need or desire to change our Terms & Conditions from time-to-time, we will update the date shown here. Accordingly, this date will reflect our latest version hereof, the latest version of which supersedes all previous versions. We will also apply any changes that we make only going-forward, not retroactively. And if you should need an older version of these Terms & Conditions, then please contact us at P.O. Box 1160, Milan, IL 61264, at which you are also welcome to contact us at any time (directed to the attention of our Web Administrator and/or General Counsel).
If you use this website in an unauthorized manner, you could be liable for damages and/or criminal offense.
By terms such as “our” and “us” and “we,” we are referring to Country Stone, Inc. (and/or its progeny), a corporate operator and owner of this website having a business address at P.O. Box 1160, Milan, IL 61264. And by terms such as “you” and “your,” we are referring to natural persons reading, using, and/or viewing this website. Finally, by terms such as “website,” we are referring to the website itself, as well as to content, information, material, and web pages contained thereon and/or expressed therein.
Your use of this website, and any disputes arising out of same, is subject to the laws of the United States and the State of Illinois out of which we operate. We do not imply, represent, or suggest that our website is legal if used outside the United States, and if you access it from outside the United States, then you are responsible for all of your actions regarding same.
You must be of majority age to use at least various parts of this website.
You use this website at your own risk.
We maintain this website for your general information and use only. We can, and do, change it from time-to-time, including without notice.
Do not misuse our website.
You may only use our website for personal, non-commercial use. You may not use or misuse our website for objectively unreasonable purposes and/or objectively unreasonable competitive purposes.
If you upload material to our website, you are fully responsible for same, and for which you grant us, to an extent you are legally able to do so, a fully irrevocable, non-exclusive, perpetual, royalty-free, sub-licensable, and unrestricted license and/or right to use same in any way(s) we deem business-appropriate throughout the world and in any media.
We do not, nor do any third parties with which we are affiliated, guarantee or warrant the website, such as to accuracy, availability, compatibility, completeness, content, correctness, information, legality, omissions, operability, performance, relevance, reliability, suitability, timeliness, usefulness, utility, and/or the like, including for any particular and/or unique purpose(s). While we reasonably try to avoid inaccuracies and/or errors on the website, we also expressly exclude our liability for any such inaccuracies and/or errors to the fullest extent we are able to do so. You should decide and/or ensure whether the information we provide may or may not meet your specific needs or requirements.
This website may also contain material(s) that we own and/or license. For example, this may include, but is not limited to, appearances, artwork, auditory information, branding information, code, confidential information, consumer information, copyrights, customer information, designs, downloads, html code, FYIs, graphics, icons, images, interfaces, intellectual property, layouts, logos, looks, metatags, moral rights information, names, patents, photographs and photography, proprietary information, Q&As, scripts, software, text, trademarks, trade dress, trade names, trade secrets, video, and/or the like.
You may not alter, change, copy, reproduce, and/or otherwise any of these items (or others) without our express permission, which will otherwise violate copyright, trademark, and other intellectual and/or proprietary property rights. Indeed, this notice is an explicit part of our Terms & Conditions.
To the best of our knowledge, we do and will acknowledge any and all trademarks that we use on this website that are our property, not our property, and/or licensed to us.
For example, our trademarks include at least the following, a list which we will update from time-to-time:
➢ ARCADIA, BOOST PACS, CANTERO, CANYON COBBLE, COUNTRY MULCH, COUNTRY SOIL, COUNTRY STONE, DURANGO, EMPOWERING THE LAWN AND GARDEN CONSUMER, EVEREST, FIX-IT MIX, FLOWEROCK, GARDENER’S PRIDE, GREEN THUMB (12/31/13), GUARANTEES SUCCESS WITH LESS WATER AND LESS FERTILIZER, HOMESTEAD, KENTUCKY 41, KENTUCKY 51, KENTUCKY 61, KENTUCKY 71, LAREDO, LEXINGTON, MITE·T·LITE, MOISTURE MANAGER, NITRO-FUZE, OUTDOOR LIVING THAT LASTS, SALIDA, SAVANNAH, SEED AND FERTILIZER IN ONE, and TOTAL; and
VARIOUS LOGOS and TRADE DRESS.
We have federally registered many of these marks, and others too, as well as have rights thereto as matters of common law. We also reserve all of our rights related thereto, and you may not use these marks without our express permission.
Trademarks of others include at least the following, another list which we will update from time-to-time, and/or which we use under license:
➢ The following is a federally registered trademark of LF, LLC:
➢ The following is a federally registered trademark of Lebanon Seaboard Corp.:
➢ The following are trademarks of United Industries Corporation:
AFRICAN VIOLET PLUS, CACTUS PLUS, COLORBURST, GARDEN SAFE, JUST SEVEN DROPS, MOISTURE PLUS, PLANT FOOD PLUS, PLANT SHINE, POTTING SOIL PLUS, SCHULTZ, STARTER PLUS, STARTS AND FEEDS, and THE NATURAL LUSTRE OF THE NEW BORN LEAF.
They reserve all of their rights related thereto, and you may not use their marks without their express permission.
Regarding the above and/or other, we will comply with obligations relating to the Digital Millennium Copyright Act and Children’s On-line Privacy Protection Act.
Our website may also include hyperlinks to other websites. We provide these links only for your convenience and/or to provide further information. These hyperlinks do not signify that we endorse the linked website(s), and we are not responsible for them.
Labels shown on this website are not actual product labels. Always read and follow actual product labels before using our products.
We also warrant that we label our products as we are required to by federal and state regulations, and that our products conform with our label descriptions. However, we sell our products “AS IS,” including WITHOUT OTHER WARRANTIES, EXPRESSED OR IMPLIED. We deny IMPLIED WARRNTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, and otherwise. You assume ALL RISK AND LIABILITY resulting from using our products and/or website.
When you use our products and/or website, you agree that our liability DOES NOT INCLUDE ANY CONSEQUENTIAL or DIRECT or EXEMPLARY or INCIDENTAL or INDIRECT or PUNITIVE or SPECIAL DAMAGES and/or the like. This is true of all contract, negligence, strict liability, title, tort, and warranty, as well as other types of, causes of action. If you are in a location or jurisdiction or state that does not allow for one or more of the above exclusions, then that exclusion, and only that exclusion, may not apply to you.
If you are dissatisfied or unsatisfied with these Terms & Conditions and/or our website, then your exclusive and sole remedy is to not use (and/or stop using) the website.
We may also restrict and/or terminate your access to our website at any time and for any reason.
You defend, hold harmless, indemnify, and protect us and our agents, associates, attorneys, directors, employees, family members, officers, partners, representatives, and shareholders from, and against, all actions, administrative proceedings, causes of action, charges, claims, costs, damages, deficiencies, demands, equitable claims, expenses, fees, fines, guarantees, judgments, lawsuits or other, legal claims, liabilities, losses, obligations, penalties, proceedings, recoveries, settlements, suits, and/or the like, etc. arising from, based on, connected to, related to, or resulting from these Terms & Conditions and/or our website and/or courses of dealings related hereto, unless resulting from our breach, misconduct, negligence, and/or recklessness. Indemnity survives in perpetuity, including past any expiration or termination of these Terms and Conditions and/or website.