Terms of Use

Thank you for visiting shopterrain.com (the “Site”). We have prepared the information below to ensure that your experience on our website is one you'll want to repeat again and again. J. Franklin Styer Nurseries, Inc. (“terrain”) provides this Site as a service to its customers. Please review the following basic rules that govern your use of the Site (the “Agreement”). Please note that your use of our Site constitutes your agreement to follow and be bound by these terms. If you do not agree to these terms, please do not use this Site. Although you may "bookmark" a particular portion of the Site and thereby bypass this agreement, your use of this site still binds you to the terms. Since terrain may revise this agreement at any time, you should visit this page periodically to review the terms of your use. Should you have any questions concerning any of our policies, please contact us.

Legal Information
The Site is owned and operated by J. Franklin Styer Nurseries, Inc. The mailing address for terrain is 5000 South Broad St, Philadelphia, PA 19112. Unless otherwise noted, all design and content featured on the Site-including navigational buttons and images, artwork, graphics, photography, text, and the like-are copyrights, trademarks, trade dress, and/or intellectual property that are owned, controlled, or licensed by terrain. This website in its entirety is protected by copyright and applicable trade dress. All worldwide rights, titles, and interests are reserved. The contents of our Site and the Site as a whole are intended solely for your personal, noncommercial use. Any use of our Site and its content for purposes other than personal and noncommercial is prohibited without the prior written permission of terrain. Do not reproduce, publish, display, modify, sell, or distribute any of the materials from the Site. You may, however, download or electronically copy and print any of the page contents displayed on the site, but please remember that these are available for your personal, noncommercial use only. Should you choose to download, copy, or forward any site materials via email, no right, title, or interest in those materials will be transferred to you.

Inaccuracies
We endeavor to present the most recent, most accurate, and most reliable information on our website at all times. However, there may be occasions when some of the information featured on the Site may contain incomplete data, typographical errors, or inaccuracies. Any errors are wholly unintentional and we apologize if erroneous information is reflected in merchandise price, item availability, or in any way affects your individual order. We reserve the right to amend errors or to update product information at any time without prior notice. In the event a terrain product is listed at an incorrect price due to photographical error, typographical error or error in pricing information from our suppliers, terrain shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. terrain shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, terrain shall issue a credit to your credit card account in the amount of the incorrect price.

Availability
 At the Site, we go out of our way to select the kind of distinctive merchandise for which the terrain brand is recognized. Please understand that many of our featured items are offered in limited quantities and, because of this limited availability, stock will not and cannot be refreshed. That means once an item is gone, it may be gone for good and not appear on the Site again. When an item featured on the Site is no longer in stock, we make every attempt to remove that item from the Site in a timely manner. Should you have any questions concerning the availability of a particular item, please Contact Us.

Product Information
Most terrain products displayed on the Site are also available at terrain store locations. The prices displayed on the Site are valid and effective only in the United States. Keep in mind, the Site does not carry every item that you would find in our store.

Pricing
Most terrain products displayed on the Site are available at terrain store locations while supplies last. In some cases, web merchandise may not be available in stores. Stores may also have different prices or promotional events at different times. Sale prices on the Site are Internet-only specials and do not reflect in-store pricing.

Payments
By providing your card information, you allow Terrain to charge your card for future payments in accordance with their terms.

Colors
We have made every effort to display as accurately as possible the colors of our products that appear on the Site. However, due to monitor discrepancies, we cannot guarantee that your display of color will be accurate.

Correspondence
Although we will make every effort to respond quickly to applicable email messages, the Site is under no obligation to respond to all pieces of correspondence received through this Site, or to maintain your submitted comments in confidence, or to pay compensation of any kind for your comments or submissions. While we welcome your comments and feedback regarding the Site, our merchandise and our services, we do not wish to receive any confidential or proprietary ideas, suggestions, materials, or information via this website or any email connection. Please note that all of your comments, feedback, ideas, suggestions, and other submissions that are disclosed or submitted to our company through the Site shall become and remain the property of terrain. Any such disclosure or submission by you is a declaration of the full release of all proprietary claims and/or intellectual rights regarding your submission. However, we will not use your name in connection with any such materials, information, suggestions, ideas or comments unless we first obtain your permission.

DMCA Notice & Take-down Procedure
Without limiting the foregoing, if you believe that your work has been copied and posted on the Site in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information:

(i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
(ii) a description of the copyrighted work that you claim has been infringed;
(iii) a description of where the material that you claim is infringing is located on the Site;
(iv) your address, telephone number, and e-mail address;
(v) a written 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, including the law of fair use;
(vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

The Copyright Agent for terrain for notice of claims of copyright infringement is DMCA Designated Agent who can be reached as follows:

by e-mail at DMCA_NOTICE@shopterrain.com
by telephone at (215) 454-5500
by mail at 5000 South Broad Street, Philadelphia, PA 19112.

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IMPORTANT! PLEASE NOTE:

YOUR E-MAIL MUST BE WRITTEN IN ENGLISH AND MUST HAVE THE FOLLOWING SUBJECT LINE:

“DMCA NOTICE OF INFRINGEMENT”

IF YOUR E-MAIL DOES NOT HAVE THIS SUBJECT LINE AND/OR IS NOT WRITTEN IN ENGLISH, YOUR E-MAIL WILL NOT BE READ BY OUR DMCA DESIGNATED AGENT.

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Privacy and Security Policy

This Policy

Thank you for shopping at terrain. This privacy and security policy (“Policy”) outlines the information we collect about you on the Site, as well as information collected when you visit our stores or otherwise communicate or interact with terrain, how we use the information and the choices you have to review, modify, and/or restrict our usage of this information.

What Information Do We Collect and How Do We Use It
We collect customer information for a variety of reasons, including as part of our ongoing efforts to provide superior customer service, to improve our customers' shopping experience, and to communicate with our customers about our products, services and promotions, including those that we believe may be of particular interest to you based on information we have collected. We collect personal information such as your name, financial information, telephone number, e-mail and postal address (“Personal Information”) that you provide to us when you save your information with us or when you participate in a sweepstakes, promotion or survey. We use this information to process any transaction, inquiry or promotion that you initiate with us. We maintain a record of your product interests, purchases and whatever else might enable us or our business partners to enhance and personalize your shopping experience on this or other websites and to provide you with offers, promotions or information that we believe may be of interest to you.

In addition, we monitor use of the Site and traffic patterns to improve the Site design and the products and services we offer as well as to determine what offers, promotions or information to send to you. We also use other methods of automatic collection to determine information about visitors to the Site, including the IP address, browser, language preferences, and computer identification numbers. We use the information obtained using these tools to provide better customer service, enhance our product offerings, and detect potential misuse or fraud.

Sharing Your Personal Information
terrain may disclose specific personal information about you if required by law, governmental request or court order, if based on our good faith belief that it is necessary to conform or comply with such law, request or court. We may also disclose information about you to other members of the terrain corporate family, as well as a company contracted to help prevent the unauthorized use of credit and gift cards. In the event that a store, division, assets or part or all of terrain is bought, sold or otherwise transferred, or is in the process of a potential transaction, customer information will likely be shared for evaluation purposes and included among the transferred business assets.

Business Partners
We contract with outside services to help us and our business partners better understand your use of the Site. These outside services may use “cookies” or other technologies to collect various kinds of information for us and our business partners related to your use of shopterrain.com, so that we and our business partners may continue to refine and improve this and other sites for our customers. We do not allow these parties to collect any credit card, user name or password information. These services are contractually required to maintain all the information collected for us in conformance with this Policy. As a visitor to shopterrain.com, you may "opt-out" of these types of collection of data. To learn more about your options you can click here. “Cookies” are bits of information that are automatically stored on your computer. If you do not want to have cookies on your system, you can set your browser to disable them. Kindly note however that if you decline cookies on the Site, some functions on the Site may be limited or unavailable. As a result, to make it easier to use the Site, we recommend that your browser settings accept cookies on the Site.

We or our partners may use Flash Cookies (also known as Local Stored Objects) or other similar technologies. A Flash cookie is a small data file placed on a computer using Adobe Flash or similar technology that may be built into your computer or downloaded or installed by you to your computer. We use these technologies to personalize and enhance your online experience, facilitate processes, personalize and store your settings. Flash cookies may help our website visitors to, for example, set volume preference associated with a video experience, play games and perform surveys. They help us improve our sites by measuring which areas are of greatest interest to customers. They may be recognized by other sites or by our marketing or business partners. Flash cookies are different from browser cookies and the cookie management tools provided by your browser will not remove Flash cookies. Click here to learn how to manage privacy and storage settings for Flash cookies. If you disable Flash cookies or other similar technologies, please be aware that you may not have access to certain features and services that make your online experience more efficient and enjoyable.?

Do Not Track
Do Not Track (DNT) is a privacy preference that users can set in some web browsers, allowing users to opt out of tracking by websites and online services. At the present time, the World Wide Web Consortium (W3C) has not yet established universal standards for recognizable DNT signals and therefore, terrain and the Site do not recognize DNT.

Our Email List
We offer those who sign up for our email list advanced notice of sales, new merchandise, store openings and other terrain news. If you would like to unsubscribe from our email list, contact us. We will remove your name from our email list reasonably soon. Please recognize that you may receive another email before we are able to remove you.

Secure Shopping
We adopt appropriate and industry-standard data collection, storage and processing practices and security measures to protect against unauthorized access, alteration, disclosure or destruction of your personal information, username, password, transaction information and data stored on the Site.

Sensitive personal information contained in orders placed on the Site is encrypted using 128-bit secure sockets layer (SSL) technology.* In order for SSL security to work, you must use an SSL enabled browser. *Secure Socket Layer (SSL) is a technology used by vendors to ensure the security of online business. It negotiates and employs the essential functions of mutual authentication, data encryption and data integrity for secure transactions.

Unfortunately, no data transmission over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, while we strive to protect your Personal Information, you acknowledge that: (a) there are security and privacy limitations of the Internet which are beyond our control; (b) the security, integrity, and privacy of any and all information and data exchanged between you and us through the Site cannot be guaranteed; and (c) any such information and data may be viewed or tampered with in transit by a third party.

If you still have concerns about ordering electronically, feel free to call 877-5TERRAIN and place your order over the phone. Have the 6-character style code (ex. M411111), size, and color ready for each item you wish to order.

Please note that e-mail is not encrypted and is not considered a secure means of transmitting credit card numbers. We will never ask for sensitive Personal Information via e-mail.

*Secure Socket Layer (SSL) is a technology used by vendors to ensure the security of online business. It negotiates and employs the essential functions of mutual authentication, data encryption and data integrity for secure transactions.

Children’s Privacy
Our Site is not directed at children. In accordance with federal law, we do not solicit or knowingly collect personally identifiable information from children under age 13 without the verifiable permission of a parent or guardian.