Terms & Conditions

IMPORTANT: READ THESE TERMS OF USE AND OUR PRIVACY POLICY BEFORE USING THE TDGARDEN.COM WEBSITE ("WEBSITE"). YOUR USE OF THE WEBSITE WILL INDICATE YOUR ACCEPTANCE OF ALL OF THE FOLLOWING TERMS. If this agreement and the Privacy Policy are not acceptable to you, do not use this Website. Company reserves the right to modify or discontinue this Website and these terms of use at any time with or without notice to users. All references to “Company” shall mean DELAWARE NORTH COMPANIES, INC.-BOSTON.

1. Limitations on Use: This Website is owned and operated by Company or its affiliates and is for the user’s personal, noncommercial use. You agree not to modify, copy, distribute, transmit, retransmit, disseminate, display, broadcast, circulate, perform, reproduce, publish, license, create derivative works from, transfer, sell, or commercially exploit, in any way, any information, content, documents, graphics, software, products or services ("Materials") obtained from this Website, except that the user may view the Website content in its present form and the user may download on any single computer one (1) copy of the Materials for personal, noncommercial home use, provided user keeps intact all copyright, trademark and other proprietary notices. The use of any Materials on any other website or networked computer environment is expressly prohibited. The user recognizes that unauthorized use of this Website content may subject user to civil or criminal liability.
2. The Materials and this Website are the property of Company or others and are protected by United States copyright law and international copyright treaties. You agree to comply with reasonable requests by Company to protect its contractual, statutory and common law rights in the Materials. Notwithstanding copyright protection of individual elements appearing on this Website, this Website is protected by copyright law as a collective work and/or compilation. You agree to abide by any and all copyright notices, information, or restrictions contained in this Website. Permission to use the copyrighted content of this Website for commercial purposes must be obtained through the prior written consent of Company. Company may withhold its consent for use of the copyrighted content for commercial purposes and will strictly enforce its intellectual property rights under the copyright laws.
3. This Website is protected under United States trademark law. The trademarks, trade names, logos, service marks, product names and company names (the "trademarks") appearing on this Website are registered and unregistered trademarks of Company or are the property of their respective owners. Under no circumstances should anything appearing on this website be construed as granting by implication, estoppel or otherwise any form of license or authorization to use, reproduce or distribute the trademarks displayed on this Website. Licenses to use Company trademarks appearing on this Website may be obtained through Company with prior written consent and at Company’s discretion. However, Company may withhold its consent. Misuse of trademarks or any Materials comprising this Website is strictly prohibited. By using this Website, you agree to abide by any and all trademark and service mark notices, information or restrictions contained on this website. Any copied or downloaded content must retain all trademark and service mark notices. Company will strictly enforce its intellectual property rights under the trademark laws.
4. The Materials published on this Website may include inaccuracies or typographical errors. Company does not warrant or make any representations regarding the use or the results of the use of the Materials on this Website in terms of their correctness, completeness, accuracy, timeliness, reliability or otherwise.
5. Company makes no representations or warranties about the Website or the suitability of the Materials contained on this Website for any purpose. THE WEBSITE AND THE MATERIALS ARE PROVIDED TO YOU ON AN "AS-IS" BASIS. THERE IS NO WARRANTY OF MERCHANTABILITY, NO WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, NO WARRANTY OF TITLE, NO WARRANTY OF NON-INFRINGEMENT AND NO OTHER WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE WEBSITE OR THE MATERIALS. COMPANY MAKES NO WARRANTY OR GUARANTY THAT THE WEBSITE OR THE MATERIALS ARE ERROR-FREE, THAT THEY WILL BE UNINTERRUPTED OR THAT THEY WILL BE CORRECTED. COMPANY MAKES NO WARRANTIES (EITHER EXPRESS OR IMPLIED) AND IS NOT RESPONSIBLE FOR ANY DAMAGE INCURRED TO YOUR HARDWARE, SOFTWARE, DATA, OR PROPERTY RESULTING FROM THE WEBSITE OR THE MATERIALS THROUGH ANY VIRUS, WORM, TROJAN HORSE, COMPUTER CODE OR PROGRAMMING DEVICE TRANSMITTED THROUGH THE WEBSITE OR THE MATERIALS OR ANY PORTION OF THIS WEBSITE. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES THAT ITS WEBSITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL CODES OR DEVICES.
6. IN NO EVENT WILL COMPANY OR ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EQUITY HOLDERS, AGENTS OR EMPLOYEES BE LIABLE TO YOU OR ANYONE ELSE FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, DIRECT OR INDIRECT DAMAGES OR LOSSES (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS AND DAMAGES THAT RESULT FROM ACCURACY, COMPLETENESS, TIMELINESS, OR INCONVENIENCE, DELAY, TRANSMISSION ERROR, UNAUTHORIZED USE OR UNAVAILABILITY OF THE WEBSITE) ARISING OUT OF OR IN ANY WAY CONNECTED WITH USE OF THIS WEBSITE OR THE MATERIALS, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE EVEN IF COMPANY HAS BEEN ADVISED OF SUCH DAMAGES OR LOSSES. SOME STATES DO NOT ALLOW LIMITATIONS ON THE DURATION OF IMPLIED WARRANTIES, THE EXCLUSION OR LIMITATIONS OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES, SO THESE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU.
7. You agree to defend, indemnify and hold Company and its affiliates and their respective officers, directors, equity holders, employees and agents harmless from and against any and all claims, actions, demands, losses, liabilities, costs and expenses (including, but not limited to, attorneys’ fees incurred by Company in connection with your violation of a third party’s rights) arising from or related to your use of this Website or your violation of these terms of service or any third party’s rights.
8. This Website may contain links to third-party websites. The links are provided solely as a convenience to you and are not an endorsement by Company of the content contained in such third-party websites. Company does not control or guarantee the accuracy or integrity of the content located on linked third-party websites. Company is not responsible and assumes no liability for the information, content or software of linked third-party websites and does not make any representations regarding the content, quality, safety or accuracy of materials on such third-party websites. If you decide to access third-party websites, you do so at your own risk.
9. As a condition to use of the Website, you agree to the terms of our privacy policy ("Privacy Policy"). Information collected about you as you use this Website is subject to our Privacy Policy, which may be updated from time to time without notice to you and is hereby incorporated from time to time without notice to you and is hereby incorporated by reference. The most current version of the Privacy Policy is available here.
10. You acknowledge that, in providing the Materials on this Website, Company has relied upon your agreement to be bound by this agreement and the Privacy Policy. If any provision of this agreement is invalid or unenforceable under applicable law, it is to that extent deemed omitted and the remaining provisions will continue in full force and effect. No waiver of any term of this agreement shall be deemed a continuing waiver of such term or any other term. This agreement shall not be construed or deemed to create any partnership, joint venture, agency, franchise or other form of agreement or relationship than expressly set forth herein. This agreement and performance hereunder shall be governed by and interpreted in accordance with the laws of the Commonwealth of Massachusetts without regard to conflicts of laws provisions, and applied to agreements entered into and completely performed in the Commonwealth of Massachusetts. Sole and exclusive jurisdiction for any action or proceeding arising out of or related to this agreement or privacy policy shall be an appropriate state or federal court located in Boston, Massachusetts. You agree to submit to jurisdiction and venue in any state or federal court located in Boston, Massachusetts. This agreement and Privacy Policy constitute the entire agreement between you and Company with respect to use of the Website.
11. This agreement is only assignable by Company.