License and User Conduct
Ball grants you a limited license to access and make personal use of the App. However, you may not modify the App, or any portion of the App, except with express written consent of Ball. The App may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Ball. Any unauthorized use of the App shall automatically terminate the license granted to you by Ball for such use.
You agree to abide by all applicable international, federal, state, and local laws and regulations in your use of the App. You agree that Ball may terminate your use of the App in Ball’s sole discretion for any reason.
If you are under eighteen (18) years of age, you may use the App only with involvement of your parent or guardian. Ball Horticultural reserves the right to refuse service and remove or edit content in its sole discretion.
You are responsible for maintaining the confidentiality of your account and password and for restricting access to your device, and you agree to accept responsibility for all activities that occur under your account. You agree to immediately notify Ball of any unauthorized use of your account, or any other breach of security of which you become aware. If you are under eighteen (18) years of age, you may use the App only with involvement of your parent or guardian. Ball reserves the right to refuse service, remove or edit content, or cancel service requests in its sole discretion.
You shall not access or attempt to access password protected, secure, or non-public areas of the App, except with the authorization of Ball. Ball has no obligation to monitor the App; however, you acknowledge and agree that Ball has the right to monitor the App electronically from time to time and to disclose any information as necessary or appropriate to satisfy any law, regulation, or other governmental request, to operate the App properly, or to protect itself or others.
You shall be solely responsible for your actions and the contents of your transmissions to the App. You shall not impersonate any person or entity or falsely state or otherwise misrepresent your identity or affiliation with a person or entity.
The App does not collect personal information about individuals using the App, except to the extent an individual uses the Email Notes feature of the App. You acknowledge that in the event the Email Notes feature is used, Ball will attain your explicit consent prior to facilitating the Email Notes feature.
You acknowledge that materials available on the App are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights (“Intellectual Property”) and are owned by Ball or are used by permission. You may download or print copies of portions of the materials in the App, provided that you only use such copies for your own personal, non-commercial use and do not modify or alter these copies in any way, or delete or change any copyright, trademark, or patent notices therein. No right, title, or interest in any downloaded or printed materials is transferred to you. Except as we may expressly authorize, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from the materials on the App. You may only use the materials and the Intellectual Property on the App as expressly permitted in these Terms and for no other purpose. If you submit comments, suggestions, ideas, or other communications to Ball (“Submissions”), your submission shall constitute an unrestricted worldwide license for Ball to reproduce and use such Submissions in any manner and in any medium it wishes, without any compensation paid to you. Therefore, we request that you do not provide Submissions of confidential information or other creative materials in which you do not wish to grant us rights.
The App may contain links to other external websites. The links are provided “as is.” You should be aware that you use them at your own risk. Ball does not endorse, and Ball is not liable for, any content, products, services, software, or other materials available on such other websites, even if a page or pages of the other websites are framed with a page of the App. Ball is not responsible for the privacy practices or the content of other websites. For your protection, please refer to the terms of service and privacy policies of the respective websites. You acknowledge, understand, and agree that Ball shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of, or reliance on, any such content, goods, or services available on such other websites. Ball shall not be liable for any errors or delays in the content, goods, or services available on such other websites, or for any actions taken or not taken in reliance thereon.
Correction of Errors and Inaccuracies; Limitations on Services
The information on the App may contain typographical errors or inaccuracies and may not be complete or current. Ball therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted a request for an estimate). Please note that such errors, inaccuracies or omissions may relate to service descriptions, pricing, and availability. Ball also reserves the right to limit the scope of services (including after you have submitted your request). Ball apologizes for any inconvenience this may cause you.
You may use the App only for lawful activities and in accordance with the Terms. The following is a partial list of prohibited activities on or through the App: (1) using a robot, spider, script, automated process, or manual process to “scrape” the App’s listings or content; (2) taking any action that imposes an unreasonable or disproportionately large load on Ball’s hardware or software infrastructure; (3) attempting to reverse engineer, decompile, disassemble or otherwise obtain the source code to the App; (4) engaging in or promoting any illegal activities; (5) engaging in any activity that markets another business or attracts Ball customers to a third party; and (6) otherwise attempt to interfere with the proper working of the App.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that any files available for downloading from the internet or the App will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the App for any reconstruction of any lost data. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE APP OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE APP OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE APP IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. BALL DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE APP WILL BE UNINTERRUPTED, ERROR FREE, OR VIRUS FREE, OR THAT THE APP WILL MEET YOUR REQUIREMENTS. INFORMATION OBTAINED THROUGH THE APP HAS NOT BEEN VERIFIED, AND BALL DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT SUCH INFORMATION IS ACCURATE, COMPLETE, RELIABLE, OR OTHERWISE VALID.
BALL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTY OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTY ARISING FROM A COURSE OF DEALING, TRADE USAGE, OR TRADE PRACTICE.
Limitation of Liability
YOU ACKNOWLEDGE THAT YOU ARE 18 YEARS OF AGE, OR OLDER, OR THAT YOU ARE ONLY USING THE APP UNDER THE SUPERVISION OF YOUR PARENT OR GUARDIAN. YOU ACKNOWLEDGE AND AGREE THAT USE OF THE APP IS AT YOUR SOLE RISK. YOU ACKNOWLEDGE THAT INFORMATION TRANSMITTED THROUGH THE INTERNET IS NEVER COMPLETELY SECURE. NEITHER BALL, NOR ANY OF BALL’S EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, OR LICENSORS (COLLECTIVELY, “BALL ASSOCIATES”) SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY COMPENSATORY, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR ATTORNEYS’ FEES, OR FOR LOST DATA OR LOST PROFIT, ARISING OUT OF YOUR USE OF THE APP OR INABILITY TO GAIN ACCESS TO OR USE THE APP OR OUT OF ANY BREACH OF ANY WARRANTY, EVEN IF BALL OR A BALL ASSOCIATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE FORESEEABLE.
YOUR SOLE RIGHT AND REMEDY WITH RESPECT TO ANY DISPUTE WITH BALL IS TO STOP USING THE APP. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL, INCIDENTAL, OR SPECIAL DAMAGES, IN SUCH STATES AND JURISDICTIONS LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. IF THE FOREGOING LIMITATIONS ARE UNENFORCEABLE, YOU AGREE THAT BALL’S LIABILITY TO YOU UNDER THESE TERMS SHALL NOT EXCEED THE AMOUNTS PAID BY YOU TO BALL IN THE THREE (3) MONTHS PRIOR TO THE ACCRUAL OF ANY SUCH CLAIM.
THE APP IS CONTROLLED, OPERATED, AND ADMINISTERED BY BALL FROM ITS OFFICES WITHIN THE UNITED STATES. BALL MAKES NO WARRANTY OR REPRESENTATION THAT MATERIAL AVAILABLE THROUGH THE APP IS LEGAL, APPROPRIATE, OR AVAILABLE FOR USE OUTSIDE THE UNITED STATES. IF YOU ACCESS THE APP FROM A LOCATION OUTSIDE THE UNITED STATES, YOU ARE RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE LAWS, AND BALL ACCEPTS NO RESPONSIBILITY FOR SUCH ACCESS.
YOU ACKNOWLEDGE AND AGREE THAT ANY AND ALL DISCLAIMERS IN THESE TERMS AND THE PROVISIONS OF THESE TERMS REFLECT A FAIR AND REASONABLE ALLOCATION OF RISK BETWEEN BALL AND YOU.
You agree to defend, indemnify, and hold Ball and all Ball Associates harmless from all liabilities, claims, and expenses, including attorneys’ fees, which may arise from your use or misuse of the App or the content therein. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
Where required, Ball may give notice to you by a general posting in the App, by electronic mail, or by conventional mail to your address of record. You may give notice to Ball by electronic mail or by conventional mail to the address below. If you have any questions about these Terms, the practices of the App, or your dealings with Ball, please e-mail or write to:
Attn: Privacy Officer
Ball Horticultural Company
622 Town Road
West Chicago, IL 60185
Ball welcomes your questions and comments.
The laws of the State of Illinois shall govern the validity, performance, enforcement, interpretation, and any other aspect of these Terms, without regard to principles of conflicts of laws thereunder. The parties agree to submit to the exclusive jurisdiction and venue of the courts of DuPage County, Illinois for any action arising out of these Terms.
Ball may revise these Terms from time to time. You are bound by such revisions and for this reason should periodically review the current Terms to which you are bound. The App is provided for lawful purposes only. You acknowledge and agree that the provisions, disclosures, and disclaimers set forth in these Terms are fair and reasonable and your agreement to follow and be bound by them is not the result of fraud, duress, or undue influence exercised upon you by any person or entity. You acknowledge and agree that the App is for your personal and non-commercial use.
Ball shall have the right to assign these Terms and to sublicense any and all of its rights under these Terms. These Terms, including any documents referenced herein and any additional operating rules as posted on the App, represent the entire understanding between you and Ball regarding your relationship with Ball and your use of the App. These Terms supersede all previous written or oral agreements between you and Ball with respect to such subject matter. Notwithstanding any provision of these Terms, Ball has available all remedies at law or equity to enforce these Terms.
Effective Date: April 1, 2019
Information We Collect
We collect several types of information from and about users of the App, including:
: When you use, navigate, and/or complete forms on the App, we may collect personally identifiable information that may include, without limitation, your email address(collectively, “Personal Information”).
: When you use and navigate the App, we may collect additional information from you that may not by itself reasonably identify you as the source (collectively, “Usage Information”). Usage Information may include:
- Aggregate Information: We may collect information about your interactions with the App, including the number of plants you ‘like.’
- Usage Details: We may automatically collect certain details of your access to and use of the App, including traffic data, IP address, location data, logs, and other communication data and the resources that you access and use on or through the App.
- Device Information: We may collect information about your mobile device and internet connection, including the device’s unique device identifier, operating system, browser type, mobile network information, and the device’s telephone number.
We will take reasonable measures to ensure that the Usage Information we collect is not personally identifiable and may not later be easily used to identify you as otherwise required by applicable law. If you do not want us to collect Personal Information and/or Usage Information, do not download the App or delete it from your device.
Children Under the Age of 13
: The App is not intended for children under 13 years of age. We do not market to and do not knowingly collect any Personal Information from or about a child under the age of 13 without the consent of the child’s parent or legal guardian. If we discover that we have inadvertently collected information from a child under 13 years of age, we will promptly take all reasonable measures to delete such information from our systems.
How We Collect Information
We collect Personal Information and Usage Information (collectively, “Your Information”):
Directly From You
: We collect Personal Information from you when you voluntarily provide Personal Information to us by, for example, completing forms and emailing notes to yourself.
Through Your Use of the App
: We record Usage Information that the App transmits when you access and interact with the App.
From Third-Party Services
How We Use Your Information
We use Your Information for various general purposes to help enhance your experience. These purposes include, but are not limited to:
: We may use Your Information to email notes you made in the App.
: We may use Your Information in analyzing users’ browsing and usage activities and patterns in order to understand users’ interests and preferences with respect to our services and the App. We may also use Your Information in managing our everyday business needs.
How We Disclose Information
We will not share, sell, or distribute Your Information with any third parties, except as provided in the following circumstances:
: Your Information may be shared with third-party service providers that assist us in providing customer support, communicating with customers, and promoting our services, as well as third-party service providers that provide other services to us relating to our services and/or the App.
Law Enforcement, Safety, and Legal Processes
: Your Information may be shared with law enforcement or other government officials if it relates to a criminal investigation or alleged criminal activity. We may also share Your Information if required or permitted to do so by law, for fraud protection and credit risk reduction purposes, or in the good-faith belief that such action is necessary to protect and defend the rights or our property or the users of the App. We may further share Your Information to act under urgent circumstances to protect the safety of our employees or a member of the public, or to comply with a judicial proceeding, court order, or legal process.
Sale or Acquisition of Assets
Consent for Email Notes Feature
The App does not collect Personal Information about individuals using the App, except to the extent an individual uses the Email Notes feature of the App. In the event the Email Notes feature is used, we will attain your explicit consent prior to facilitating the Email Notes feature. You may withdraw your consent by communicating your request at the Contact Information provided below.
We do not participate in bulk email solicitations that you have not consented to receiving (i.e., “spam”). Ball Horticultural does not sell or disclose client lists or email address lists to unrelated third parties. Except as otherwise provided herein, we do not share Personal Information with any third party advertisers.
California Privacy Rights
California’s “Shine the Light” law permits users of the App that are California residents to request certain information regarding our disclosure of Personal Information to third parties for their direct marketing purposes. To make such a request, please contact us at the Contact Information provided below.
The App uses commercially reasonable security measures to protect Your Information. However, no data transmitted over or accessible through the internet can be guaranteed to be 100% secure. As a result, while we attempt to protect Your Information, we cannot ensure or warrant that Your Information will be completely secure from misappropriation by hackers or from other nefarious or criminal activities, or in the event of a failure of computer hardware, software, or a telecommunications network.
This App may contain links to other websites. We do not endorse or make any representations or warranties concerning, and will not in any way be liable for, any informational content, products, services, software, or other materials available on an external websites, even if one or more pages of the external websites are framed within a page of this App. Please be aware that we are not responsible for the privacy practices or policies of such other websites.
Accessing and Updating Information
If you ever wish to access Your Information or to have Your Information deleted, updated, changed, or modified, you may do so by contacting us at the Contact Information provided below. Further, if you would like to opt-out of receiving direct marketing communications from us, you may do so by following any instructions included in the communication or by contacting us at the Contact Information provided below. To cancel your account and have your information returned to you, please contact us at the Contact Information provided below. We will make commercially reasonable efforts to handle requests to update or modify Your Information within thirty (30) days.
Attn: Privacy Office
Ball Horticultural Company
622 Town Road
West Chicago, IL 60185
We welcome your questions and comments.