New Garden Landscaping & Nursery Terms of Service ("Agreement")
This Agreement was last modified on October 2, 2025.
Please read these Terms of Service ("Agreement", "Terms of Service") carefully before using http://newgarden.com ("the Site") operated by New Garden Landscaping & Nursery, Inc. ("us", "we", or "our"). This Agreement sets forth the legally binding terms and conditions for your use of the Site at http://newgarden.com.
By accessing or using the Site in any manner, including, but not limited to, visiting or browsing the Site or contributing content or other materials to the Site, you agree to be bound by these Terms of Service and the Privacy Policy of New Garden Landscaping & Nursery, which is incorporated by reference.
1. Intellectual Property
The Site and its original content, features, and functionality are owned by New Garden Landscaping & Nursery, Inc. and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
2. User Accounts and Site Conduct
If you create an account on the Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password.
3. User-Submitted Content
If you post, upload, input, provide, or submit content (including but not limited to product reviews, comments, and photos) to the Site ("User Content"), you grant New Garden Landscaping & Nursery, Inc. a perpetual, worldwide, non-exclusive, royalty-free, transferable license to use, copy, reproduce, modify, publish, and distribute your User Content in connection with the operation of the business. You represent and warrant that you own or otherwise control all of the rights to the User Content.
4. Products and Services
All products and services listed on the Site are subject to the terms of any applicable agreements and policies, including but not limited to, policies regarding shipping, returns, and plant guarantees, which are subject to change. We reserve the right to limit the sales of our products or services to any person, geographic region, or jurisdiction. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion.
5. Termination
We may terminate your access to the Site, without cause or notice, which may result in the forfeiture and destruction of all information associated with you. Reasons for termination may include, but are not limited to, breach of this Agreement, non-payment of fees, or illegal activity. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
6. Links To Other Sites
Our Site may contain links to third-party sites that are not owned or controlled by New Garden Landscaping & Nursery, Inc.
New Garden Landscaping & Nursery, Inc. has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party sites or services. We strongly advise you to read the terms and conditions and privacy policy of any third-party site that you visit.
7. Disclaimer of Warranties
THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NEW GARDEN LANDSCAPING & NURSERY, INC. MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.
8. Limitation of Liability
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, NEW GARDEN LANDSCAPING & NURSERY, INC. WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
9. Indemnification
You agree to defend, indemnify, and hold harmless New Garden Landscaping & Nursery, Inc. and its licensees and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Site, or b) a breach of these Terms of Service.
10. Governing Law, Dispute Resolution, and Arbitration
A. Governing Law This Agreement (and any further rules, policies, or guidelines incorporated by reference) shall be governed and construed in accordance with the laws of North Carolina, United States, without giving effect to any principles of conflicts of law.
B. Mandatory Arbitration Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
C. Class Action Waiver You agree that any arbitration or proceeding shall be limited to the dispute between us and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any dispute to be arbitrated or resolved on a class-action basis; and (iii) you have no authority to assert any claim in a purported representative capacity on behalf of the general public or any other persons.
11. Changes To This Agreement
We reserve the right, at our sole discretion, to modify or replace these Terms of Service. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect, such as by email to registered users or by a prominent notice on the Site. What constitutes a material change will be determined at our sole discretion. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms of Service.
Please review this Agreement periodically for changes. If you do not agree to any of this Agreement or any changes to this Agreement, do not use, access or continue to access the Site or discontinue any use of the Site immediately.
12. Contact Us
If you have any questions about this Agreement, please contact us at support@newgarden.com, (336) 665-0291, or 5577 Garden Village Way, Greensboro, NC 27410.