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 User Agreement 
User Agreement
Welcome to LMIS.ORG. These are the terms and conditions required for access and use to our site. Please read completely before deciding to agree or disagree with these terms.

This site has been created for your use by the Landscape Materials Information Serivce, Inc (LMIS, Inc.). The site has been designed as a resource to aid those in the horticultural trade. The information listed on the site is intended to provide our subscribers with approximate nursery availabilities regarding wholesale plant materials and other nursery related goods and services. The inventories listed on this site are updated and provided by nurseries and individuals who wish to list their goods and services for sale on our site. Product availabilities are updated by the individuals and nurseries on an as needed basis. Due to this fact,LMIS.ORG makes no guarantee as to the products listed on the site in terms of accuracy of name, size, description, health, or quantities represented. Our goal is to help support the horticultural trade by providing our subscribers with accurate information pertaining to nursery stock and materials. We encourage your feedback in regards to our site and look forward to working with you. 1. ACCEPTANCE OF TERMS LMIS provides a collection of online resources, including classified ads, auctions, email forums, and various email and advertising services, (referred to hereafter as "the Service") subject to the following User Agreement (UA). By using the Service in any way, you are agreeing to comply with the UA. In addition, when using particular LMIS services, you agree to abide by any applicable posted guidelines for all LMIS services, which may change from time to time. Should you object to any term or condition of the UA, any guidelines, or any subsequent modifications thereto or become dissatisfied with LMIS in any way, your only recourse is to immediately discontinue use of LMIS. LMIS has the right, but is not obligated, to strictly enforce the UA through self-help, community moderation, active investigation, litigation and prosecution. 2. MODIFICATIONS TO THIS AGREEMENT We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such modifications shall become effective immediately upon the posting thereof. You must review this agreement on a regular basis to keep yourself apprised of any changes. 3. USER AGREEMENT CONTENT You understand that all postings, messages, text, files, images, photos, video, sounds, or other materials ("Content") posted on, transmitted through, or linked from the Service, are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for each individual item ("Item") of Content that you post, email or otherwise make available via the Service. You understand that LMIS does not control, and is not responsible for Content made available through the Service, and that by using the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, the LMIS site and Content available through the Service may contain links to other websites, which are completely independent of LMIS. LMIS makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your linking to any other webites is at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will LMIS be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Service. You acknowledge that LMIS does not pre-screen or approve Content, but that LMIS shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service, for violating the letter or spirit of the UA or for any other reason. 4. THIRD PARTY CONTENT, SITES, AND SERVICES The LMIS.ORG site and content available through the Service may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of LMIS, including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole. Your interactions with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that LMIS shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that LMIS is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release LMIS, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service. 5. NOTIFICATION OF CLAIMS OF INFRINGEMENT If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify LMIS directly for notice of claims of copyright or other intellectual property infringement ("Agent"), at or: LMIS P.O. Box 202 Speonk, NY 11972 Please provide our service with the following Notice: a) Identify the material on the LMIS.ORG site that you claim is infringing, with enough detail so that we may locate it on the website; b) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; c) A statement by you declaring under penalty of perjury that (1) the above information in your Notice is accurate, and (2) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner; d) Your address, telephone number, and email address; and e) Your physical or electronic signature. LMIS will remove the infringing posting(s), subject to the the procedures outlined in the Digital Millenium Copyright Act (DMCA). 6. PRIVACY AND INFORMATION DISCLOSURE Your use of the LMIS website or the Service signifies acknowledgement of and agreement to our Privacy Policy. You further acknowledge and agree that LMIS may, in its sole discretion, preserve or disclose your Content, as well as your information, such as email addresses, IP addresses, timestamps, and other user information, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: comply with legal process; enforce the UA; respond to claims that any Content violates the rights of third-parties; respond to claims that contact information (e.g. phone number, street address) of a third-party has been posted or transmitted without their consent or as a form of harassment; protect the rights, property, or personal safety of LMIS, its users or the general public. 7. CONDUCT You agree not to post, email, or otherwise make available Content: a) that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, or is harmful to minors in any way; b) that is of pornographic nature in any way. c) that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; d) that violates the Fair Housing Act by stating, in any notice or ad for the sale or rental of any dwelling, a discriminatory preference based on race, color, national origin, religion, sex, familial status or handicap (or violates any state or local law prohibiting discrimination on the basis of these or other characteristics); e) that violates federal, state, or local equal employment opportunity laws, including but not limited to, stating in any advertisement for employment a preference or requirement based on race, color, religion, sex, national origin, age, or disability. f) with respect to employers that employ four or more employees, that violates the anti-discrimination provision of the Immigration and Nationality Act, including requiring U.S. citizenship or lawful permanent residency (green card status) as a condition for employment, unless otherwise required in order to comply with law, regulation, executive order, or federal, state, or local government contract. g) that impersonates any person or entity, including, but not limited to, a LMIS employee, or falsely states or otherwise misrepresents your affiliation with a person or entity (this provision does not apply to Content that constitutes lawful non-deceptive parody of public figures.); h) that includes personal or identifying information about another person without that person's explicit consent; i) that is false, deceptive, misleading, deceitful, misinformative, or constitutes "bait and switch"; j) that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships; k) that constitutes or contains "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited commercial advertisement; l) that constitutes or contains any form of advertising or solicitation if: posted in areas of the LMIS site which are not designated for such purposes; or emailed to LMIS users who have not indicated in writing that it is ok to contact them about other services, products or commercial interests. m) that includes links to commercial services or web sites, except as allowed in "services"; n) that advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law, including without limitation items the sale of which is prohibited or regulated by New York law. o) that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; p) that disrupts the normal flow of dialogue with an excessive amount of Content (flooding attack) to the Service, or that otherwise negatively affects other users' ability to use the Service; or q) that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service. Additionally, you agree not to: r) contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for any commercial purpose; s) "stalk" or otherwise harass anyone; t) collect personal data about other users for commercial or unlawful purposes; u) use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service - unless expressly permitted by LMIS; v) post non-local or otherwise irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure; w) attempt to gain unauthorized access to LMIS' computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the LMIS website; or x) use any form of automated device or computer program that enables the submission of postings on LMIS without each posting being manually entered by the author thereof (an "automated posting device"), including without limitation, the use of any such automated posting device to submit postings in bulk, or for automatic submission of postings at regular intervals. 8. NO SPAM POLICY You understand and agree that sending unsolicited email advertisements to LMIS email addresses or through LMIS computer systems is expressly prohibited by these Terms. Any unauthorized use of LMIS computer systems is a violation of these Terms and certain federal and state laws, including without limitation the Computer Fraud and Abuse Act (18 U.S.C. § 1030 et seq.), 9. TERMINATION OF SERVICE You agree that LMIS, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if LMIS believes that you have acted inconsistently with the letter or spirit of the User Agreement. Further, you agree that LMIS shall not be liable to you or any third-party for any termination of your access to the Service. Further, you agree not to attempt to use the Service after said termination. 10. PROPRIETARY RIGHTS The Service is protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of LMIS. You further agree not to reproduce, duplicate or copy Content from the Service without the express written consent of LMIS, and agree to abide by any and all copyright notices displayed on the Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service. LMIS is a registered mark in the U.S. Patent and Trademark Office. Although LMIS does not claim ownership of content that its users post, by posting Content to any public area of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to LMIS an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting Content to any public area of the Service, you automatically grant LMIS all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Service by any party for any purpose. 11. DISCLAIMER OF WARRANTIES YOU AGREE THAT USE OF THE LMIS SITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE LMIS SITE AND THE SERVICE ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, LMIS DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE LMIS SITE AND THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, LMIS DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE LMIS SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE LMIS SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, LMIS DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE LMIS SITE OR THE SERVICE. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties. 12. LIMITATIONS OF LIABILITY UNDER NO CIRCUMSTANCES SHALL LMIS BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF LMIS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE LMIS SITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE LMIS SITE OR THE SERVICE, FROM INABILITY TO USE THE LMIS SITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE LMIS SITE OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE LMIS SITE OR THE SERVICE OR ANY LINKS ON THE LMIS SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE LMIS SITE OR THE SERVICE OR ANY LINKS ON THE LMIS SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you. 13. INDEMNITY You agree to indemnify and hold LMIS, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Service, your use of the Service, your violation of the UA, your breach of any of the representations and warranties herein, or your violation of any rights of another. 14. GENERAL INFORMATION The User Agreement (UA) constitutes the entire agreement between you and LMIS and governs your use of the Service, superceding any prior agreements between you and LMIS. The UA and the relationship between you and LMIS shall be governed by the laws of the State of New York without regard to its conflict of law provisions. You and LMIS agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Suffolk, New York. The failure of LMIS to exercise or enforce any right or provision of the UA shall not constitute a waiver of such right or provision. If any provision of the UA is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the UA remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the UA must be filed within one (1) year after such claim or cause of action arose or be forever barred. 15. VIOLATION OF TERMS AND LIQUIDATED DAMAGES Please report any violations of the UA, by emailing to: Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. You understand and agree that, because damages are often difficult to quantify, if it becomes necessary for LMIS to pursue legal action to enforce these Terms, you will be liable to pay LMIS the following amounts as liquidated damages, which you accept as reasonable estimates of LMIS' damages for the specified breaches of these Terms: a. If you post a message that (1) impersonates any person or entity; (2) falsely states or otherwise misrepresents your affiliation with a person or entity; or (3) that includes personal or identifying information about another person without that person's explicit consent, you agree to pay LMIS one thousand dollars ($2,000) for each such message. b. If LMIS establishes limits on the frequency with which you may access the Service, or terminates your access to or use of the Service, you agree to pay LMIS one hundred dollars ($100) for each message posted in excess of such limits or for each day on which you access LMIS in excess of such limits, whichever is higher. c. If you send unsolicited email advertisements to LMIS email addresses or through LMIS computer systems, you agree to pay LMIS One Hundred Dollars ($100) for each such email. d. If you post Content in violation of the UA, other than as described above, you agree to pay LMIS one hundred dollars ($100) for each Item of Content posted. In its sole discretion, LMIS may elect to issue a warning before assessing damages. e. If you are a Posting Agent that uses the Service in violation of the UA, in addition to any liquidated damages under clause (d), you agree to pay LMIS one hundred dollars ($100) for each and every Item you post in violation of the UA. A Posting Agent will also be deemed an agent of the party engaging the Posting Agent to access the Service (the "Principal"), and the Principal (by engaging the Posting Agent in violation of the UA) agrees to pay LMIS an additional one hundred dollars ($100) for each Item posted by the Posting Agent on behalf of the Principal in violation of the TOU. f. If you aggregate, display, copy, duplicate, reproduce, or otherwise exploit for any purpose any Content (except for your own Content) in violation of these Terms without LMIS' express written permission, you agree to pay LMIS five thousand dollars ($5,000) for each day on which you engage in such conduct. Otherwise, you agree to pay LMIS' actual damages, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of these Terms, LMIS retains the right to seek the remedy of specific performance of any term contained in these Terms, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in these Terms, or any combination therof. g. Auction User Agreement:LMIS will not be held liable for the listing, sale, or purchase, of any goods or services listed via its online auction. In cases of disputes between buyer and seller, the following rules will be applied to all parties involved in the transaction. If goods are found to be misrepresented as advertised, seller shall pay a $20 surcharge fee and a penalty of 10% of the winning bid total to LMIS. All recieved monies shall be returned to buyer and LMIS reserves the right to terminate seller's membership where it has determined that seller has misrepresented auctioned items. Successful Bidder is responsible for payment in full at end of auction via valid credit card. If buyer is unable or unwilling to purchase goods at end of purchase. Buyer's membership will be immediately terminated without exception. 16. FEEDBACK We welcome your questions and comments on this document in the LMIS feedback forum.

Transmitted: 4/18/2014 6:47:12 PM
2011-13 Landscape Materials Information Service
PO Box 202, Speonk, NY 11972
Phone: (631) 325-1440