WARRANTY DISCLAIMERS AND LIMITATION OF LIABILITY

Capitol Wholesale Nursery, Inc. ("CWN") attempts to include the most accurate and up-to-date available information on this Web site. However, the pricing, product and other information contained on this web site are subject to change at any time. CWN makes no representations or warranties as to the accuracy, timeliness, or completeness of any of the information on this Web site ("CWN Information"), so you should not rely on it.

In using this Web site, you agree that all of the CWN Information is, and that all of the materials, products and services (collectively, "CWN Products") described in this site are, made available solely on an "as is" and "as available" basis, unless you and CWN otherwise agree in writing without warranties of any kind, either express or implied. CWN HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES IN CONNECTION WITH THIS WEB SITE, THE CWN INFORMATION, AND THE CWN PRODUCTS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

YOU FURTHER AGREE THAT CWN AND ITS DIRECTORS, OFFICERS, EMPLOYEES, SUPPLIERS, AND AGENTS WILL HAVE NO LIABILITY FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS AND COSTS OF COVER, THAT MAY RESULT FROM THE USE OF, OR INABILITY TO USE, THE CWN INFORMATION OR THE CWN PRODUCTS. This limitation of liability applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other theory of liability.

APPLICABLE LAWS

This Web site (excluding linked sites) is controlled by CWN from its facility located within the State of California. Both you and CWN agree that the statutes and laws of the State of California, without regard to its conflicts of laws principles, will govern all matters relating to your use of this Web site. You and CWN also agree and hereby submit to the exclusive personal jurisdiction and venue of the Superior Court of Santa Clara County and the United States District Court for the Northern District of California with respect to such matters.

LINKS TO THIRD-PARTY SITES

This Web site may contain links to other sites on the Internet. The linked sites are not under the control of CWN. You acknowledge that CWN is not responsible for the accuracy, copyright compliance, legality, or any other aspect of the content of such sites. CWN is providing these links only as a convenience to you, and the inclusion of such a link does not imply endorsement of the site by CWN in any manner.