Pushin Daisies 's Right to Change Terms and Conditions of Use and/or
Content on the Site
Pushin Daisies may add to, change or remove any part of these Terms and Conditions of Use at any time, without notice. Any changes to these Terms and Conditions of Use or any terms posted on this Site apply as soon as they are posted. By continuing to use this Site after any changes are posted, you are indicating your acceptance of those changes. Pushin Daisies may add, change, discontinue, remove or suspend any other Content posted on this Site, including features and specifications of products described or depicted on the Site, temporarily or permanently, at any time, without notice and without liability. Please check this page periodically for changes.
This Site may contain links to other Internet sites.
Links - from this site to another
Pushin Daisies provides links to other organizations as a service to our Internet visitors but is not responsible for the information provided in other web sites.
Links from this Site to any other site do not mean that Pushin Daisies approves of, endorses or recommends that site. Pushin Daisies disclaims all warranties, express or implied, as to the accuracy, legality, reliability or validity of any content on any other site. Pushin Daisies makes no representations whatsoever about any other Web sites that you may access through this Site. When you access a non- Pushin Daisies site, please understand that it is independent from Pushin Daisies, and that Pushin Daisies has no control over the content on that Web site.
A hyperlink to a non- Pushin Daisies Web site does not mean that Pushin Daisies endorses or accepts any responsibility for the content, or the use, of the linked site. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses and other items of a destructive nature. If you decide to access any of the third party sites linked to this Site, you do this entirely at your own risk.
You may not copy any of the materials from this Site onto your own Web server without prior written permission, nor may you link to isolated elements on this Site (including photographs, illustrations, diagrams, buttons, text, or any other elements whatsoever) without prior written permission. Any such copying or isolated linking will be considered a violation of copyright and could subject you to legal action.
The pushinDaisies.com web site and all of its content are copyrighted materials, protected by US and international copyright laws. The compilation of content on our Web site is the exclusive property of pushinDaisies.com and its subsidiaries and may not be used for any purpose other than browsing, shopping, and using the services and information provided for your own private use.
Pushin Daisies is the trademarks and service marks of Pushin Daisies. All other marks used in the Site are the property of their respective owners. By making them available on this Site, Pushin Daisies is not granting you any license to utilize those proprietary logos, service marks, or trademarks.
Your Right to Use the Site and Its Contents
All materials on this Site, including but not limited to images, software, and text (the "Content"), are protected by copyright under US copyright law, international conventions, and other copyright laws. You cannot use the Content, except as specified herein. You agree to follow all instructions on this Site limiting the way you may use the Content. There are a number of proprietary logos, service marks and trademarks found on this Site. By making them available on this Site, Pushin Daisies is not granting you any license to utilize those proprietary logos, service marks, or trademarks. Any unauthorized use of the Content may violate copyright laws, trademark laws, the laws of privacy and publicity, and civil and criminal statutes.
You may download one (1) copy only of the Content to be used only by you for your use. If you download any Content from this Site, you may not remove any copyright or trademark notices or other notices that go with it.
Rules for User-Supplied Material
This Site may have an area, which allows you to upload and download materials. When using any of these areas, you agree not to post, send, transmit, upload or otherwise publish through this Site, any materials that (1) interfere with anyone else's use of the Site (2) are abusive, illegal, indecent, obscene, offensive or threatening in any way (3) encourage anyone to break the law (4) violate anyone's copyright or other property right (5) interfere with the privacy of any other user (6) contain a virus or any other harmful component or (7) contain false or misleading statements of fact or descriptions of the origin of the material or the communication.
Responsibility for User's Material
The Site is interactive. You may use it to send communications. You agree to be responsible for the content of your communications. You are prohibited from posting or transmitting any defamatory, libelous, obscene, pornographic, profane, threatening or unlawful material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. Although Pushin Daisies may from time to time monitor or review the Site, Pushin Daisies is under no obligation to do so and assumes no liability or responsibility arising from the contents of any such communications or for any defamation, error, inaccuracy, libel, obscenity or profanity contained in any such communication. Pushin Daisies will fully cooperate with any law enforcement authorities or court order requesting or directing Pushin Daisies to disclose the identity of anyone sending such materials.
Pushin Daisies's Rights to User's Material If you send any communications or materials to the Site by electronic mail or otherwise, including any comments, data, questions, suggestions or the like, all such communications are, and will be treated as, non-confidential and nonproprietary. Thus, you give up any claim that any use of such material violates any of your rights including moral rights, privacy rights, proprietary or other property rights, publicity rights, rights to credit for material or ideas, or any other right, including the right to approve the way Pushin Daisies uses such material.
Any material submitted to this Site may be changed, copied, disclosed, licensed, performed, posted, published, sold, transmitted or used by Pushin Daisies anywhere in the world, in any medium, forever. Furthermore, Pushin Daisies is free to use, without any compensation to you, any concepts, ideas, know-how or techniques contained in any communication you send to the Site for any purpose whatsoever. However, you agree and understand that Pushin Daisies is not obligated to use any such ideas or materials and you have no rights to compel such use.
Treatment of Sales Tax
We are required by law to charge applicable sales tax on products shipped to those jurisdictions that levy such a tax and in which we have a physical location. We may also be required to collect and remit other state and local taxes.
You agree to indemnify, defend and hold Pushin Daisies and all of its agents, directors, employees, and officers, (collectively, "Indemnified Parties") harmless from and against any and all liability and costs (including, without limitation, attorneys' fees and costs), incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms and Conditions of Use or the foregoing representations, warranties and covenants. You will cooperate as fully as reasonably required in Pushin Daisies's defense of any claim. Pushin Daisies reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of Pushin Daisies.
None of what follows affects in any way our return policy at pushinDaisies.com. If for any reason you are not satisfied with a purchase that you make from our site, please return it. Instructions on how to do so will be ion our payment policy page. The following, though, is important information about your use of this site.
Disclaimer of Warranties and Damages Limitation of Liability
YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THIS SITE (INCLUDING ALL CONTENT AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH THIS SITE) IS PROVIDED "AS IS." THE CONTENT ON THIS SITE, Pushin Daisies MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER (1) FOR THE ACCURACY, MERCHANT ABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF ANY CONTENT PUBLISHED ON OR AVAILABLE THROUGH THE SITE, (2) THAT THE SERVER THAT MAKES THIS SITE AVAILABLE IS FREE OF VIRUSES OR OTHER COMPONENTS THAT MAY INFECT, HARM OR CAUSE DAMAGE TO YOUR COMPUTER EQUIPMENT OR ANY OTHER PROPERTY WHEN YOU ACCESS, BROWSE, DOWNLOAD FROM OR OTHERWISE USE THE SITE.
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO PUSHIN DAISIES'S NEGLIGENCE, SHALL PUSHIN DAISIES'S BE LIABLE FOR ANY CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES RELATED TO (A) THE USE OF, (B) THE INABILITY TO USE OR (C) ERRORS OR OMISSIONS IN THE CONTENTS AND FUNCTIONS OF THIS SITE, EVEN IF PUSHIN DAISIES OR AN AUTHORIZED REPRESENTATIVE OF PUSHIN DAISIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL PUSHIN DAISIES'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE), EXCEED $250.00.
Unless otherwise specified, the materials in our site are presented to provide information about PushinDaisies.com, its products offered for sale and to provide related services and information to visitors. PushinDaisies.com controls and operates its Web site from its headquarters in Allenhurst, New Jersey, in the United States of America. We in no way imply that the materials on our Web site are appropriate or available for use outside of the United States. If you use our Web site from locations outside of the United States, you are responsible for compliance with any applicable local laws. In addition, you may not use or export the materials in violation of US export laws and regulations.
Additional Points about the Terms and Conditions of this User Agreement These terms and conditions and the agreement they create, shall be governed by and interpreted according to the laws of the State of New Jersey (without applying the State's conflict-of-law principles). PushinDaisies.com reserves the right to bring any civil action against you in New Jersey, arising from your violation of the terms and conditions of this Agreement.
If any provision of this agreement is unlawful, void or unenforceable, it will not affect the validity and enforceability of any remaining provisions. PushinDaisies.com may modify these terms and conditions, and the agreement they create, at any time, simply by updating this posting and without notice to you.
Internet transmissions are never completely private or secure. You understand that any message or information you send to this Site may be read or intercepted by others. Sending a message to Pushin Daisies does not cause Pushin Daisies to have any special responsibility to you.
Notice To/Regarding Children Under the Age of 13
If you are less than 13 years old you are not permitted to use the Site.
Availability / Liability of Services
The services displayed on the Site may not be available for purchase in your particular locality. The reference to such products and services on the Site does not imply or warrant that these products or services will be available at any time in your particular location.
Pushin Daisies reserves the right, in its sole discretion, to terminate your access to the Site, with or without notice.
ADA Accessibility Policy
Pushin Daisies believes that the Pushin Daisies Internet site should be friendly and easy-to-use for all consumers, including those with disabilities. In that spirit, we have developed the Pushin Daisies, which expresses our commitment to the development of an Internet site that is accessible to all users, including those with disabilities.
Pushin Daisies believes that it is essential for our employees to be informed about the challenges faced by disabled users and the technologies available to improve the user experience. Pushin Daisies believe that when the challenges confronted by disabled users are known, solutions can be incorporated in the research and design of the Pushin Daisies Internet site. To this end we provide our employees with information describing the challenges faced by members of the disability community when attempting to access software applications and information technologies. Pushin Daisies educates our employees with respect to how assist disabled users. Pushin Daisies values feedback from members of the disability community.
At Pushin Daisies we believe that, as an our Internet site visitor ("you") have a right to know our practices regarding the information we collect when you visit our Internet site and what type of information is collected. The guidelines contained herein only apply to your visits to www.pushinDaisies.com, the Internet site operated by Pushin Daisies Building Products.
While Pushin Daisies does not generally require that you provide us with personally identifiable information in order to visit and use the Pushin Daisies sites, please note that in order to participate in some activities, such as sending messages to Pushin Daisies, it will be necessary for you to provide this information.
Collection of Information
Pushin Daisies may ask you to provide "personal information", meaning individually identifiable information that you provide on our Web sites such as your e-mail address, name, mailing address, or telephone number which is associated with individually identifiable information, to enable you to order products. Pushin Daisies may combine the information you provide on our Web sites with other information we may collect from you or from third parties so that we can more effectively tailor our site and services.
A "cookie" is a bit of information that a Web site sends to your Web browser that helps the site remember information about you and your preferences.
"Session" cookies are temporary bits of information that are erased once you exit your Web browser window or otherwise turn your computer off. Session cookies are used to improve navigation on Web sites and to collect aggregate statistical information. This site uses session cookies.
"Persistent" cookies are more permanent bits of information that are placed on the hard drive of your computer and stay there unless you delete the cookie. Persistent cookies store information on your computer for a number of purposes, such as retrieving certain information you have previously provided (e.g., passwords), helping to determine what areas of the Web site visitors find most valuable, and customizing the Web site based on your preferences. [NOTE: Please verify that cookies are in use and what type ... please adjust the following statement accordingly] This site uses both session and persistent cookies.
Pushin Daisies may contact you to provide information about services. Pushin Daisies will not share the personal information you provide on the Pushin Daisies Web sites with any other parties, except (a) with your consent (b) as may be required by law or court order (c) to persons or companies with whom Pushin Daisies conducts business, such as subcontractors, joint ventures, vendors, complementary and supplementary service providers or (d) when necessary to protect the personal safety or property of our users, the public or Pushin Daisies.
While Pushin Daisies cannot guarantee that unauthorized access will never occur, rest assured that Pushin Daisies takes care in maintaining the security of your personal information and in preventing unauthorized access to it through the use of appropriate technology and internal procedures.
Use and Disclosure of Anonymous Aggregated Information
Pushin Daisies may also collect, aggregate and maintain anonymous information about the visitors to our Web sites, such as visitors' browsing habits. This data can then be used to tailor Pushin Daisies' Internet site content to deliver a better experience for our visitors. In addition, Pushin Daisies may also share such aggregate information about our visitors with business partners.
Consent to Processing
By providing any personal information to the Pushin Daisies Site, all users, fully understand and consent to the collection and processing of such information in the United States of America.
If you have any questions or comments about our personal information practices or about this privacy statement, please send us an e-mail using our contact us email form from the website.