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PRIVACY POLICY/TERMS & CONDITIONS
Our Privacy Policy and the Terms & Conditions Governing Your Use of this Web Site
Last Updated: Feb 24, 2006Welcome to Frostproof.com, your online store location. We have prepared the information below to ensure that your experience of our Web site is one you'll want to repeat again and again. Frostproof Growers Supply provides this Site as a service to its customers. Please review the following basic rules that govern your use of our Site. Please note that your use of our Site constitutes your agreement to follow and be bound by these terms. If you do not agree to these terms, please do not use this Site. Frostproof Growers Supply may revise this agreement at any time, at its sole discretion, by posting an amended Agreement on the Site. Any changes that we make to this Agreement will be effective immediately upon posting. Please check this page periodically for changes to the Agreement; you will be able to determine if this Agreement has been changed since your previous visit by viewing the Last Updated information that appears at the top of this Agreement. Should you have any questions concerning any of our policies, please contact us via E-mail Us" or by phone 1-800-635-3621. Privacy Policy - Your Privacy Rights Introduction
This Privacy Policy describes the personally identifiable information that Frostproof.com ("we") collects through our website located at www.frostproofcom (the "Site") and how we use that information. Please note that this Privacy Policy applies solely to our online information-gathering and dissemination practices in connection with the Site, and does not apply to any of our practices conducted offline. If you have any questions or comments about this Privacy Policy or our practices regarding your personally identifiable information, please contact us by phone 1-800-635-3621.
Information
Collection and Use
Frostproof Growers Supply is committed to ensuring the privacy of its
customers. We will not collect, share or sell any information other than
as explained in this statement.
We guarantee shopping at Frostproof.com is safe. We employ SSL (Secure Socket Layer) encryption to ensure the security of your information. If, by chance, unauthorized charges are made to your card as a result of shopping with us, you pay nothing. Terms & Conditions - Legal Information
Address
This Site is expressly owned and operated by Frostproof Growers Supply.
The address for Frostproof.com is 512 North Scenic Highway, Frostproof,
FL 33843.
Unless otherwise noted, all design and content featured on Frostproof.com including URL.s, navigational buttons and images, artwork, graphics, photography, text, and the like are copyrights, trademarks, trade dress, and/or intellectual property that are owned, controlled, or licensed by Frostproof Growers Supply. This Site in its entirety is protected by copyright and applicable trade dress. All worldwide rights, titles, and interests are reserved. The contents of our Site and the Site as a whole are intended solely for your personal, noncommercial use. Any use of our Site and its content for purposes other than personal and noncommercial is prohibited without the prior written permission of Frosproof Growers Supply. You may not reproduce, publish, display, modify, sell, or distribute any of the materials from the Site. You may, however, download or electronically copy and print any of the page contents displayed on the Site, but please remember that these are available for your personal, noncommercial use only. Should you choose to download, copy, or forward any Site materials via email, no right, title, or interest in those materials will be transferred to you. Agreement
Our internet pages are merely an invitation for you to make us an offer to buy the items described on these pages. When you submit an order it constitute an offer for us, which we accept only by shipping the item(s) ordered. Internet orders generate an automatic order confirmation e-mail. These automatic order confirmation e-mails do not constitute our acceptance of the offer, and are subject to correction prior to shipment due to inaccuracies, errors, product discontinuation or unavailability, or any other reason. Inaccuracies
We endeavor to present the most recent, most accurate, and most reliable information on our Site at all times. However, there may be occasions when some of the information featured on Frostproof.com may contain incomplete data, typographical errors, or inaccuracies. Any errors are wholly unintentional and we apologize if erroneous information is reflected in merchandise price or item availability, or in any way affects your individual order. Please be aware that we present our content 'as is' and Frostproof Growers Supply makes no claims to its accuracy, either expressed or implied. We reserve the right to amend errors or to update product information at any time without prior notice. In the event a Frostproof Growers Supply product is listed at an incorrect price due to photographical error, typographical error or error in pricing information received from our suppliers, Frostproof Growers Supply shall have the right to refuse or cancel any orders placed for products listed at the incorrect price. Frostproof Growers Supply shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Frostproof Growers Supply shall issue a credit to your credit card account in the amount of the incorrect price.
Availability
At Frostproof.com, we go out of our way to select the kind of distinctive
merchandise for which the Frostproof Growers Supply name is recognized.
Please understand that some of our items are selected in limited quantities
and, because of their limited availability, their stock will not and cannot
be replenished. That means once an item is gone, it may be gone for good
and not appear on the Site again. When an item featured on Frostproof.com
is no longer in stock, we make every attempt to remove that item from
the Site in a timely manner. Should you have any questions concerning
the availability of a particular item, please contact us.
Special Order Returns
There will be a 10% processing and restocking fee for all special order items returned to FGS. "Special Orders" include those that are made up of product that we do not normally carry as well as orders that are made up of product we do carry but the purchaser has requested an amount larger than we would normally stock.
CorrespondenceAlthough we will make every effort to respond within one business day to applicable email messages, Frostproof Growers Supply is under no obligation to respond to all pieces of correspondence received through this Site, or to maintain your submitted comments in confidence, or to pay compensation of any kind for your comments or submissions. While we welcome your comments and feedback regarding Frostproof.com, our merchandise and our services, we do not wish to receive any confidential or proprietary ideas, suggestions, materials, or information. Please note that all of your comments, feedback, ideas, suggestions, and other submissions that are disclosed or submitted to our company shall become and remain the property of Frostproof Growers Supply. To the extent that ownership of such submissions does not vest with Frostproof Growers Supply, you grant Frostproof Growers Supply a worldwide, non-exclusive, fully paid-up, royalty-free, perpetual, irrevocable right to exploit, in any way, commercially or otherwise, such submissions, with the right to sublicense. Any disclosure or submission by you is a declaration of the full release of all proprietary claims and/or intellectual rights regarding your submission, and you represent and warrant that any use by Frostproof Growers Supply of such information or idea will not violate any intellectual property, proprietary, contract or other right of any third party. However, we will not use your name in connection with any such materials, information, suggestions, ideas or comments unless we first obtain your permission or otherwise are required by law to do so. Indemnification
You agree to indemnify, defend, and hold harmless Frostproof Growers Supply, its officers, directors, employees, agents, affiliates, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from (1) any violation of these terms and conditions, (2) any allegation that any information or material submitted by you to Frostproof.com violates any intellectual property, proprietary, contract, or other right of any third party, or (3) any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Site using your account. Disclaimer
Given the unpredictability of technology and the online environment, Frostproof Growers Supply does not warrant that the function or operation of this Site will be uninterrupted or error-free, that defects will be corrected, or that this Site or the server that makes it available will be free of viruses or other harmful elements. As a visitor to, and user of, this Site, you must assume full responsibility for any costs associated with servicing of equipment used in connection with use of our Site. As a visitor to, and a user of, this Site, you, in effect, agree that your access will be subject to the terms and conditions set forth in this legal notice and that access is undertaken at your own risk. THE SITE AND THE MATERIALS ON THE SITE ARE PROVIDED .AS IS. AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, FROSTPROOF GROWERS SUPPLY AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. Limitation of Liability
NEITHER FROSTPROOF GROWERS SUPPLY NOR ANY OF OUR AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS OR SPONSORS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA OR LOST PROFITS), UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE AND/OR MATERIALS CONTAINED ON THE SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR MATERIALS IS TO STOP USING THE SITE AND/OR MATERIALS. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. Exclusive Remedy
THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO FROSTPROOF GROWERS SUPPLY FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, RELATED IN ANY WAY TO YOUR ACCESS OF THE THIS WEBSITE SHALL BE $100.
