Last updated on July 1, 2018
Blue Heron Landscapes, LLC (“us”, “we”, or “our”) operates the www.blueheronlandscapes.com website (the “Service”).
Personal Data means data about a living individual who can be identified from those data (or from those and other information either in our possession or likely to come into our possession).
Usage Data is data collected automatically either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).
Cookies are small pieces of data stored on a User’s device.
Data Processor (or Service Providers)
Data Processor (or Service Provider) means any person (other than an employee of the Data Controller) who processes the data on behalf of the Data Controller. We may use the services of various Service Providers in order to process your data more effectively.
Data Subject is any living individual who is the subject of Personal Data.
The User is the individual using our Service. The User corresponds to the Data Subject, who is the subject of Personal Data.
Information Collection And Use
We collect several different types of information for various purposes to provide and improve our Service to you.
Types of Data Collected
- Personal Data
While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you (“Personal Data”). Personally identifiable information may include, but is not limited to:
- Email address
- First name and last name
- Phone number
- Address, State, Province, ZIP/Postal code, City (for contest giveaways only)
- Cookies and Usage Data
We may use your Personal Data to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you. You may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send or by contacting us.
- Usage Data
We may also collect information on how the Service is accessed and used (“Usage Data”). This Usage Data may include information such as your computer’s Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.
- Location Data
We may use and store information about your location if you give us permission to do so (“Location Data”). We use this data to provide features of our Service, to improve and customize our Service. You can enable or disable location services when you use our Service at any time, through your device settings.
- Tracking & Cookies Data
- Session Cookies. We use Session Cookies to operate our Service.
- Preference Cookies. We use Preference Cookies to remember your preferences and various settings.
- Security Cookies. We use Security Cookies for security purposes.
- Use of Data
Blue Heron Landscapes, LLC uses the collected data for various purposes:
- To provide and maintain our Service
- To notify you about changes to our Service
- To allow you to participate in interactive features of our Service when you choose to do so
- To provide customer support
- To gather analysis or valuable information so that we can improve our Service
- To monitor the usage of our Service
- To detect, prevent and address technical issues
- To provide you with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless you have opted not to receive such information.
- Retention of Data
- Transfer Of Data
Disclosure Of Data
Disclosure for Law Enforcement
Under certain circumstances, Blue Heron Landscapes, LLC may be required to disclose your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).
Blue Heron Landscapes, LLC may disclose your Personal Data in the good faith belief that such action is necessary:
- To comply with a legal obligation
- To protect and defend the rights or property of Blue Heron Landscapes, LLC
- To prevent or investigate possible wrongdoing in connection with the Service
- To protect the personal safety of users of the Service or the public
- To protect against legal liability
Security Of Data
The security of your data is important to us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.
“Do Not Track” Signals
We do not support Do Not Track (“DNT”). Do Not Track is a preference you can set in your web browser to inform websites that you do not want to be tracked. You can enable or disable Do Not Track by visiting the Preferences or Settings page of your web browser.
Blue Heron Landscapes, LLC aims to take reasonable steps to allow you to correct, amend, delete, or limit the use of your Personal Data. Whenever made possible, you can update your Personal Data directly within your account settings section. If you are unable to change your Personal Data, please contact us to make the required changes. If you wish to be informed what Personal Data we hold about you and if you want it to be removed from our systems, please contact us at firstname.lastname@example.org. In certain circumstances, you have the right:
- To access and receive a copy of the Personal Data we hold about you
- To rectify any Personal Data held about you that is inaccurate
- To request the deletion of Personal Data held about you. You have the right to data portability for the information you provide to Blue Heron Landscapes, LLC. You can request to obtain a copy of your Personal Data in a commonly used electronic format so that you can manage and move it. Please note that we may ask you to verify your identity before responding to such requests.
We may employ third party companies and individuals to facilitate our Service (“Service Providers”), to provide the Service on our behalf, to perform Service-related services or to assist us in analyzing how our Service is used. These third parties have access to your Personal Data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.
We may use third-party Service Providers to monitor and analyze the use of our Service.
- Google AdWords
Google AdWords remarketing service is provided by Google Inc. You can opt-out of Google Analytics for Display Advertising and customize the Google Display Network ads by visiting the Google Ads Settings page. http://www.google.com/settings/ads. Google also recommends installing the Google Analytics Opt-out Browser Add-on – https://tools.google.com/dlpage/gaoptout for your web browser. Google Analytics Opt-out Browser Add-on provides visitors with the ability to prevent their data from being collected and used by Google Analytics. For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: http://www.google.com/intl/en/policies/privacy
Facebook remarketing service is provided by Facebook Inc. You can learn more about interest-based advertising from Facebook by visiting this page: https://www.facebook.com/help/164968693837950 To opt-out from Facebook’s interest-based ads follow these instructions from Facebook: https://www.facebook.com/help/568137493302217 Facebook adheres to the Self-Regulatory Principles for Online Behavioral Advertising established by the Digital Advertising Alliance. You can also opt-out from Facebook and other participating companies through the Digital Advertising Alliance in the USA http://www.aboutads.info/choices/, the Digital Advertising Alliance of Canada in Canada http://youradchoices.ca/ or the European Interactive Digital Advertising Alliance in Europe http://www.youronlinechoices.eu/, or opt-out using your mobile device settings. For more information on the privacy practices of Facebook, please visit Facebook’s Data Policy: https://www.facebook.com/privacy/explanation
Remarketing service is provided by LinkedIn, Corporation. You can learn more about interest-based advertising from LinkedIn by visiting this page: https://business.linkedin.com/marketing-solutions/ads To opt-out from LinkedIn’s interest-based ads follow these instructions from LinkedIn: https://business.linkedin.com/marketing-solutions/ads LinkedIn adheres to the Self-Regulatory Principles for Online Behavioral Advertising established by the Digital Advertising Alliance. You can also opt-out from LinkedIn and other participating companies through the Digital Advertising Alliance in the USA http://www.aboutads.info/choices/, the Digital Advertising Alliance of Canada in Canada http://youradchoices.ca/ or the European Interactive Digital Advertising Alliance in Europe http://www.youronlinechoices.eu/, or opt-out using your mobile device settings. For more information on the privacy practices of LinkedIn, please visit LinkedIn’s Data Policy: https://www.linkedin.com/legal/privacy-policy
Links To Other Sites
Our Service does not address anyone under the age of 18 (“Children”). We do not knowingly collect personally identifiable information from anyone under the age of 18. If you are a parent or guardian and you are aware that your Children has provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from children without verification of parental consent, we take steps to remove that information from our servers.
Last updated on July 1, 2018
TERMS & CONDITIONS
Welcome to the website (the “Website”) of Blue Heron Landscapes, LLC (“Blue Heron Landscapes”). Blue Heron Landscapes and its associates provide their services to you subject to the following conditions. If you visit or shop within this Website, you accept these conditions. Please read them carefully.
Please review our Privacy Notice, which also governs your visit to our Website, to understand our practices.
When you visit Blue Heron Landscapes or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included on this Website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Blue Heron Landscapes, its content suppliers, or by third parties who have licensed their materials to Blue Heron Landscapes and is protected by U.S. and international copyright laws. The compilation of all content on this Website is the exclusive property of Blue Heron Landscapes, with copyright authorship for this collection by Blue Heron Landscapes, and protected by international copyright laws.
Blue Heron Landscapes’ trademarks and trade dress may not be used in connection with any productor service that is not Blue Heron Landscapes, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Blue Heron Landscapes. All other trademarks not owned by Blue Heron Landscapes or its subsidiaries that appear on this Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Blue Heron Landscapes or its subsidiaries.
License and Site Access
Blue Heron Landscapes grants you a limited license to access and make personal use of this Website and not to download (other than page caching) or modify it, or any portion of it, except with the express written consent of Blue Heron Landscapes. This license does not include any resale or commercial use of this Website or its contents: any collection and use of any product listings, descriptions, or prices: any derivative use of this Website or its contents: any downloading or copying of account information for the benefit of another merchant: or any use of data mining, robots, or similar data gathering and extraction tools. This Website or any portion of this Website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of Blue Heron Landscapes. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Blue Heron Landscapes and our associates without express written consent. You may not use any meta tags or any other “hidden text” utilizing Blue Heron Landscapes’ name or trademarks without the express written consent of Blue Heron Landscapes. Any unauthorized use terminates the permission or license granted by Blue Heron Landscapes. You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the home page of Blue Heron Landscapes so long as the link does not portray Blue Heron Landscapes, its associates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Blue Heron Landscapes logo or other proprietary graphic or trademark as part of the link without express written permission.
Solely Intended for United States Users
Unless otherwise explicitly specified on the Website, the information on all of the Website is intended solely for use and access by persons residing in the United States, its territories, and possessions. Blue Heron Landscapes controls and operates its Website from offices located in the United States and makes no representations or warranties that the information, products or services contained on the Website is appropriate for use or access in other locations. Anyone using or accessing any of the Website from other locations does so on their own initiative and are responsible for compliance with local United States laws, if and to the extent applicable.
Your Membership Account
Use of certain features on the Website might be limited and/or require registration. Blue Heron Landscapes shall have the right, in its sole discretion, to refuse or restrict anyone from access to the Website at any time for any reason. Upon registration, you may select your user ID and password (collectively “Password”) for access to and use of the applicable portion of the Website. When registering for your Password, you must provide accurate and complete information. If you use this Website, you are responsible for maintaining the confidentiality of your account and Password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or Password. If you are under 18, you may use our Website only with involvement of a parent or guardian. Blue Heron Landscapes and its associates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion. You agree to use your best efforts to maintain the security of your Password. You shall not disclose your Password to anyone else, and you shall not use anyone else’s Password. You agree to notify Blue Heron Landscapes immediately about any unauthorized use of your Password or any breach of security. You further agree that Blue Heron Landscapes shall not be responsible for your failure to comply with this Section or any loss or damage arising out of, or related to, your use of your Password by you or anyone other than Blue Heron Landscapes.
Reviews, Comments, Emails, and Other Content
Visitors may post reviews, comments, and other content: and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Blue Heron Landscapes reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant Blue Heron Landscapes and its associates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Blue Heron Landscapes and its associates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post: that the content is accurate: that use of the content you supply does not violate this policy and will not cause injury to any person or entity: and that you will indemnify Blue Heron Landscapes or its associates for all claims resulting from content you supply. Blue Heron Landscapes has the right but not the obligation to monitor and edit or remove any activity or content. Blue Heron Landscapes takes no responsibility and assumes no liability for any content posted by you or any third party.
If you are not satisfied with your purchase for any reason, Blue Heron Landscapes will replace it with the same product, a product of equal value, or a full refund. If you are not satisfied with your order, please contact Blue Heron Landscapes Customer service immediately via telephone at 860.735.6064 or via email at email@example.com. All sales are final unless order problems/issues are confirmed by Blue Heron Landscapes, at its sole discretion, to be actionable.
Risk of Loss
All items purchased from Blue Heron Landscapes are made pursuant to a shipment contract. This basically means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
THIS WEBSITE IS PROVIDED BY BLUE HERON LANDSCAPES ON AN “AS IS” AND “AS AVAILABLE” BASIS. BLUE HERON LANDSCAPES MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, BLUE HERON LANDSCAPES DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BLUE HERON LANDSCAPES DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM BLUE HERON LANDSCAPES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BLUE HERON LANDSCAPES 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. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Limitation of Liability
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL BLUE HERON LANDSCAPES OR ANY OF ITS EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS, OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR ACCESS TO OR INABILITY TO USE OR ACCESS THIS WEBSITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF BLUE HERON LANDSCAPES HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT YOU, AND NOT BLUE HERON LANDSCAPES, SHALL ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGE. IN NO EVENT WILL BLUE HERON LANDSCAPES BE LIABLE FOR ANY DAMAGES IN EXCESS OF ONE HUNDRED UNITED STATES DOLLARS ($100.00) FOR ANY CLAIMS ARISING FROM OR RELATED TO THIS TERMS & CONDITIONS.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD BLUE HERON LANDSCAPES AND ITS OWNERS, AFFILIATES, SUBSIDIARIES, DIRECTORS, SHARE HOLDERS, OFFICERS, EMPLOYEES, AGENTS, AND CONTRACTORS HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS, AND EXPENSES, INCLUDING ATTORNEYS’ FEES, ARISING FROM OR RELATED TO (I) YOUR USE OF THIS WEBSITE AND/OR (II) YOUR BREACH OF ANY OF THE TERMS OR CONDITIONS OF THIS TERMS & CONDITIONS.
By visiting Blue Heron Landscapes, you agree that the laws of the state of Connecticut, United States, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Blue Heron Landscapes or its associates.
Any dispute relating in any way to your visit to Blue Heron Landscapes or to products you purchase through Blue Heron Landscapes shall be submitted to confidential arbitration in New York, United States, except that, to the extent you have in any manner violated or threatened to violate Blue Heron Landscapes’ intellectual property rights, Blue Heron Landscapes may seek injunctive or other appropriate relief in any state or federal court in the state of Connecticut, United States, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrators award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
Site Policies, Modification, and Severability
Please review our other policies posted on this Website. These policies also govern your visit to Blue Heron Landscapes. We reserve the right to make changes to our Website, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.