SYLVAN BOTANICALS

TERMS OF USE

ATTENTION: PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEB SITE. USING THIS WEB SITE INDICATES THAT YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS ("TERMS"), DO NOT USE THIS WEB SITE.

The information contained in this web site is subject to change without notice.

USE OF SITE. Permission to use documents delivered from this World Wide Web server and related graphics is hereby granted. Please download and agree to the terms of the agreement before downloading any information or graphics from this site.

PERMISION. The name of Sylvan Botanicals or the Sylvan Botanicals logo may not be used in advertising or publicity pertaining to distribution of this information without specific, written prior permission. Sylvan Botanicals makes no representations about the suitability of this information for any purpose. It is provided "as is" without express or implied warranty.

DISCLAIMER. Sylvan Botanicals disclaims all warranties with regard to this information, including all implied warranties of merchantability and fitness, in no event shall Sylvan Botanicals be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of this information.

LINKS TO OTHER SITES. Links to third party Web sites on this Site are provided solely as a convenience to you. If you use these links, you will leave this Site. Sylvan Botanicals has not reviewed all of these third party sites and does not control and is not responsible for any of these sites or their content. Thus, Sylvan Botanicals does not endorse or make any representations about them, or any information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third party sites linked to this Site, you do this entirely at your own risk.

MISCELLANEOUS. This Agreement shall be treated as though it were executed and performed in Cooperstown, New York, and shall be governed by and construed in accordance with the laws of the United States of America and of the State of New York (without regard to conflict of law principles). Any cause of action of User with respect to the Site (and/or information, forms and agreements, thereon) must be instituted within six (6) months after the cause of action arose (if any) or be forever waived and barred. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against either party. All legal proceedings arising out of or in connection with this Agreement shall be brought solely in Cooperstown, New York, and User expressly submits to the exclusive jurisdiction of said courts and User consents to extra-territorial service of process. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Failure of Sylvan Botanicals to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. This Agreement may only be amended in a writing that specifically refers to this Agreement, executed by both parties hereto.