BY VISITING, BROWSING, ACCESSING OR OTHERWISE USING THIS WEB SITE (THE “SITE”) OPERATED BY O’Neill Landscape Design and Installation/Heidi O’Neill YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
Important Information About This Legal Contract
You agree to this User Agreement, and all of its terms and conditions, by visiting, browsing, accessing or otherwise using the Site. These terms and conditions are subject to change without prior notice at any time, in O’Neill Landscape Design and Installation/Heidi O’Neill’s sole discretion.
By visiting, browsing, accessing or otherwise using the Site after a change has been posted to the Site, the Customer accepts that change. Customers should check this Terms of Use and the Privacy Policy frequently.
Acceptance of Contract Terms
This User Agreement, and all of its terms and conditions, constitute a legal contract between you and O’Neill Landscape Design and Installation/Heidi O’Neill (References to “you” or “your” shall relate to a customer of O’Neill Landscape Design and Installation/Heidi O’Neill or other party that visits, browses, accesses or otherwise uses the Site (the “Customer”); references to “O’Neill Landscape Design and Installation/Heidi O’Neill” shall relate to O’Neill Landscape Design and Installation/Heidi O’Neill and its affiliates.) By visiting, browsing, accessing or otherwise using this site (“Site”), you acknowledge that you have read, understood, and agree to be bound by this User Agreement and comply with all applicable laws and regulations. If you do not agree to this User Agreement, as it may be changed by O’Neill Landscape Design and Installation/Heidi O’Neill from time to time, do not use this Site. The material provided on this Site is protected by law, including, but not limited to, United States copyright law and international treaties. This Site is controlled and operated by O’Neill Landscape Design and Installation/Heidi O’Neill from its offices within the United States. O’Neill Landscape Design and Installation/Heidi O’Neill makes no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is not authorized. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws.
Access, Interference and Linking
O’Neill Landscape Design and Installation/Heidi O’Neill grants you a limited license to access and make personal use of the Site and not to download (other than page caching) or modify it, or any portion of it, except as provided below under “Use Restrictions,” or with express written consent of O’Neill Landscape Design and Installation/Heidi O’Neill.
The following activity on the Site is expressly prohibited: Any non-personal or commercial use of any robot, spider, other automatic device, or manual process to monitor or copy portions of the Site or the content contained herein without prior written permission by O’Neill Landscape Design and Installation/Heidi O’Neill; collection or use of any product listings, descriptions, or prices, from the Site for the benefit of another merchant that supplies products competitive with or comparable to those offered on the Site; and, Any use of, visits to, or other action that imposes an unreasonable or disproportionately large load on the Site, or otherwise interferes with its proper and timely functioning.
Any unauthorized use terminates the license granted by O’Neill Landscape Design and Installation/Heidi O’Neill. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Site so long as the link does not portray O’Neill Landscape Design and Installation/Heidi O’Neill, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any O’Neill Landscape Design and Installation/Heidi O’Neill logo or other proprietary graphic or trademark as part of the link without express written permission. O’Neill Landscape Design and Installation/Heidi O’Neill does not review or control third-party sites that link to or from the Site, and is not responsible for the contents of any third-party sites linked to or from the Site.
Use Restrictions
The copyright in all material provided on this Site is held by O’Neill Landscape Design and Installation/Heidi O’Neill or by the original creator of the material. Except as stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of O’Neill Landscape Design and Installation/Heidi O’Neill or the copyright owner. Permission is granted to display, copy, distribute and download the materials on this Site for personal, non-commercial use only, provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. This permission terminates automatically if you breach any of these terms or conditions. Upon termination, you must immediately destroy any downloaded or printed materials. You also may not, without O’Neill Landscape Design and Installation/Heidi O’Neill prior written permission, “mirror” any material contained on this Site on any other server. Any unauthorized use of any material contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
All trademarks and registered trademarks are the sole property of their respective owners. Photographs courtesy of respective manufacturers.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL O’Neill Landscape Design and Installation/Heidi O’Neill BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE, EVEN IF O’Neill Landscape Design and Installation/Heidi O’Neill OR A O’Neill Landscape Design and Installation/Heidi O’Neill AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF MATERIALS FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. 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.
Privacy Policy
Communications to O’Neill Landscape Design and Installation/Heidi O’Neill. Any communication or material you transmit to the Site by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary. Anything you transmit or post may be used by O’Neill Landscape Design and Installation/Heidi O’Neill for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast, and posting. Furthermore, O’Neill Landscape Design and Installation/Heidi O’Neill is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to O’Neill Landscape Design and Installation/Heidi O’Neill or the Site for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products using such information.
Copyright Complaints
If you believe that your work has been copied in a way that constitutes copyright infringement, please contact:
O’Neill Landscape Design and Installation
Phone: 216-536-7600
Email: design@HeidiONeill.com
Disagreement with These Terms and Conditions
If you disagree with any of the terms and conditions of this User Agreement, please do not visit, browse, access or otherwise use this Site.
For each visitor to our Web page, our Web server automatically recognizes only the consumer’s domain name, but not the e-mail address (where possible). We collect only the domain name, but not the e-mail address of visitors to our Web page, the e-mail addresses of those who communicate with us via e-mail.
The information we collect is used for internal review and is then discarded, used to notify consumers about updates to our Web site and, with respect to cookies: We do not set any cookies.
If you do not want to receive e-mail from us in the future, please let us know by sending us e-mail at the above address. We do not make our customer e-mail list available to any other organizations. If you supply us with your postal address on-line you will only receive the information for which you provided us your address. Persons who supply us with their telephone numbers on-line will only receive telephone contact from us with information regarding orders they have placed on-line. If you do wish to have your telephone information removed from our records, please email us on the above address.
With respect to Ad Servers:
We do not partner with or have special relationships with any ad server companies.
From time to time, we may use customer information for new, unanticipated uses not previously disclosed in our privacy notice. If our information practices change at some time in the future we will contact you before we use your data for these new purposes to notify you of the policy change and to provide you with the ability to opt out of these new uses. Customers may prevent their information from being used for purposes other than those for which it was originally collected by e-mailing us at the above address.
Upon request we provide site visitors with access to a description of information that we maintain about them. Consumers can access this information by e-mail us at the above address. Upon request we offer visitors no ability to have factual inaccuracies corrected in information that we maintain about them. With respect to security: When we transfer and receive certain types of sensitive information such as financial or health information, we redirect visitors to a secure server which is indicated by a “lock” or “secure” icon in your browser, or a “https” at the beginning of the address bar.