Explore our terms, conditions and privacy policies at our Gardens.
Restrictions on Use
This site is owned and operated by Longwood Gardens, Inc. The information on this site is provided to assist you in planning your visit to Longwood Gardens, and it is for this purpose only that the site may be used. While we encourage you to print information which will help plan your visit, no photographs, images or other materials from our site may be copied, downloaded, transmitted, distributed or used in any other way, including for any commercial use. Also, you may not alter or attempt to alter any materials or information on the site, or the site itself.
Longwood Gardens and its online partners are committed to maintaining the privacy of those who visit our websites.
Longwood Gardens is the sole owner of the information collected on this site. This information will not be sold or rented to others in ways different from what is disclosed in this statement.
Longwood Gardens collects information from site visitors at several different points on this website.
This notice applies to all information collected by or submitted to our websites or through other purchases. On some pages, you can opt in to receive email communications, register for events, or send communications to your colleagues. The types of personal information collected on these pages varies, and can include:
Name of recipient/s of gift memberships (if applicable)
Names of family members
Credit Card Information (although this data is not stored)
If at any time you would like to obtain the information we have stored or have the information removed, complete this brief survey. If you do submit personal information to us, we will use that information for the purposes for which it was submitted and also for any one or more of the following reasons:
a. If you join our email list, we will have a record of your email address and all other information you choose to provide. We may send you email from time to time about our activities, as well as any specific issues or publications you have subscribed to. You will have the opportunity to unsubscribe from our mailing list.
b. If you obtain or renew a Longwood Gardens membership, your information will be used to fulfill the financial transaction you have initiated, and your information will be added to our membership database for maintenance and communications to you regarding your membership.
c. If you make an online purchase, your information will be used to fulfill the financial transaction you have initiated, and your information will be added to our database for communications about the Gardens.
d. If you use our tell a friend (optional), the email address(es) you provide will only be used to send your message – these contacts will not be added to our organizational lists or receive any further communications from us unless they separately decide to join our organization.
Be advised that we use third-party vendors to provide services on this site and in our offline business operations. The information that you submit on this site may be provided to those vendors on a confidential basis so that those vendors can provide services (such as maintaining our database, sending email messages, facilitating our online activities and campaigns, or processing credit card transactions) on our behalf.
From time to time, we partner with other carefully selected cultural organizations in the Philadelphia and Delaware Valley area, so that these organizations may advise you of their events. This gives you the fullest knowledge of cultural happenings in our area. If for any reason you would like to be removed from this partnership list, complete this brief survey and we will take your name off of the list immediately.
Links to other Web sites
This Web site may contain links to other Web sites for additional products and services. Longwood Gardens is not responsible for the privacy practices or the content of such Web sites. We may place advertising on our Web site that originates from third party advertisers and/or advertising agencies. Even though these advertisements are embedded in our Web site cookies may be assigned by the advertisers and not by Longwood Gardens. Longwood Gardens does not control those cookies.
In order to process a membership, it is necessary for Longwood Gardens to gather the member' and/or payor’s name, mailing address, phone, and credit card information. This data is used to verify identity and execute the financial transaction.
If you choose to make a purchase online, you will also have to provide a name, mailing address, phone, as well as your credit card billing information. As this information is collected and transferred over the Internet to our secure server, it is encrypted using Secure Socket Layer (SSL) technology, the industry standard security technology that is designed to protect sensitive information. We display the GoDaddy SSL Seal to assure you that our web site is authentic and that all transactions are secured by SSL encryption. The credit card information that you provide at the time of purchase is used only to process your renewal or purchase and will not be used for any other purposes. The credit card information is not stored in our systems.
Changes to this Policy
Longwood Gardens reserves the right, in its sole discretion and without any obligation, to modify or correct any errors or omissions in any portion of this web site. If our information practices change at some time in the future we will post the policy changes to notify you of these changes and provide you with the ability to opt out of these new uses. If you are concerned about how your information is used, you should check back at our Web site periodically.
Contact us for questions:
regarding this policy statement,
the practices of this site,
if you feel that this site is not following its stated information policy,
or to review or request changes to your contact information,
Please contact: Longwood Gardens, Marketing and Communications
Mail: P.O. Box 501
Kennett Square, PA 19348
Last Modified: September 14, 2022
- Accessing the Website and Account Security
We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
You are responsible for both:
- Making all arrangements necessary for you to have access to the Website.
If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
- Intellectual Property Rights
The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Longwood, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your Web browser for display enhancement purposes.
- You may print one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution.
- If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
- If we provide the Website with certain content, you may take such actions as are enabled by such features.
You must not:
- Modify copies of any materials from this site.
- Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
- Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.
You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.
If you wish to make any use of material on the Website other than that set out in this section, please address your request to: email@example.com.
The Longwood name, the terms LONGWOOD GARDENS, the Longwood logo and all related names, logos, product and service names, designs and slogans are trademarks of tLongwood or its affiliates or licensors. You must not use such marks without the prior written permission of Longwood. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.
- Prohibited Uses
- In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
- To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
- To impersonate or attempt to impersonate Longwood, a Longwood employee, another user or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm Longwood or users of the Website, or expose them to liability.
Additionally, you agree not to:
- Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
- Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
- Use any device, software or routine that interferes with the proper working of the Website.
- Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
- Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Website.
- User Contributions
The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Website.
Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose.
You represent and warrant that:
- You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our licensees, successors and assigns.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Longwood, have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness.
We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Website.
- Monitoring and Enforcement; Termination
We have the right to:
- Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
- Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS LONGWOOD FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER LONGWOOD OR LAW ENFORCEMENT AUTHORITIES.
However, we do not undertake to review material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
- Content Standards
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:
- Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
- Be likely to deceive any person.
- Promote any illegal activity, or advocate, promote or assist any unlawful act.
- Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
- Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
- Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
- Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
9. Reliance on Information Posted
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
This Website may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Longwood, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Longwood. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
10. Changes to the Website
We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
11. Information About You and Your Visits to the Website
12. Online Purchases and Other Terms and Conditions
13. Linking to the Website and Social Media Features
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part.
This Website may provide certain social media features that enable you to:
- Link from your own or certain third-party websites to certain content on this Website.
- Send e-mails or other communications with certain content, or links to certain content, on this Website.
- Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us, solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
- Establish a link from any website that is not owned by you.
- Cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
- Link to any part of the Website other than the homepage.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
14. Links from the Website
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
15. Geographic Restrictions
The owner of the Website is based in the Commonwealth of Pennsylvania in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
16. Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website 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 our site for any reconstruction of any lost data. 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 WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER LONGWOOD NOR ANY PERSON ASSOCIATED WITH LONGWOOD MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER LONGWOOD NOR ANYONE ASSOCIATED WITH LONGWOOD REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
LONGWOOD HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
17. Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL LONGWOOD, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
19. Governing Law and Jurisdiction
21. Limitation on Time to File Claims
22. Waiver and Severability
23. Entire Agreement
24. Your Comments and Concerns
This website is operated by Longwood Gardens, Inc., 1001 Longwood Road, Kennett Square, Pennsylvania 19348.
All other feedback, comments, requests for technical support and other communications relating to the Website should be directed to: firstname.lastname@example.org.
BY PURCHASING ADMISSIONS TICKETS OR ENTERING THE GARDENS, YOU AGREE TO THE FOLLOWING TERMS AND CONDITIONS.
1. Admissions Policies
(a) Access to Longwood, its exhibitions, galleries, and events is by timed admission only and is subject to the possession of a valid admissions ticket. A valid admissions ticket is sold by us and includes the date and time of the visit. Timed admission limits the number of people in Longwood and provides a better visiting experience. Admissions tickets are limited and occasionally sell out. We strongly encourage purchasing tickets prior to arrival to avoid disappointment. The date and time determines your arrival and entrance to the Gardens. Earlier or later arrivals may be accommodated only in Longwood's absolute discretion. Once you enter Longwood, you may stay until Longwood closes to the public or until directed to leave by the Gardens’ personnel. The restaurant is located within Longwood and therefore cannot be accessed without a valid admissions ticket. It is advisable to purchase an earlier timed ticket if you desire to eat at the restaurant prior to exploring Longwood. Reentry into Longwood is permissible if you desire to leave and reenter the Gardens on the same day during regular hours.
(b) Admission tickets are subject to inspection by Longwood's personnel. Select programs and events require the purchase of a ticket or a reservation in addition to, or instead of, a general admission ticket. Access to the Gardens or certain exhibitions during non-public hours is by invitation only and requires the prior authorization of Longwood.
(c) Electric scooters, wheelchairs, and strollers are available on a first-come, first-served basis, weather conditions permitting. Rental fees may apply.
(d) Longwood's displays are located indoors and outdoors. Please dress accordingly. Walking is required. In the event of inclement weather, the Gardens will make reasonable efforts to hold performances as scheduled. Cancellation of a performance is dependent on weather conditions at the Gardens in the Gardens’ sole and absolute discretion. The decision to cancel a performance will be made as close to show time as possible.
(e) During your visit, you may be filmed, videotaped, or photographed by a Longwood employee or contract photographer. Your attendance serves as permission for the use of your image by Longwood and its constituents
2. Ticket Purchases
(b) TICKETS ARE FOR THE BUYER’S PERSONAL USE ONLY. THEY MAY NOT BE RESOLD FOR MORE THAN FACE VALUE. IF LONGWOOD GARDENS BELIEVES THAT THE TICKETS PURCHASED ON AN ORDER HAVE BEEN RESOLD OR ARE BEING LISTED FOR RESALE ABOVE FACE VALUE, LONGWOOD MAY INVALIDATE THE TICKETS AND THE TICKET HOLDER WILL BE DENIED ENTRANCE TO LONGWOOD. RESALES OF ANY ADMISSION TICKET (INCLUDING, FOR THE AVOIDANCE OF DOUBT, ANY EXHIBIT OR EVENT TICKET) WITHOUT PRIOR AND EXPRESS AUTHORIZATION FROM LONGWOOD ARE STRICTLY PROHIBITED. ADMISSIONS TICKETS CANNOT BE TRANSFERRED, REFUNDED, OR EXCHANGED. A VISITOR TO LONGWOOD MAY BE REFUSED ENTRY OR ACCESS TO THE LONGWOOD IF LONGWOOD, IN ITS SOLE AND ABSOLUTE DISCRETION, DETERMINES THAT THE ADMISSIONS TICKET HAS NOT BEEN ISSUED BY LONGWOOD. LONGWOOD CAN RESTRICT ACCESS TO, OR CLOSE, ANY OF ITS PROPERTY AND CANCEL ANY TICKET RESERVATIONS WITHOUT ADVANCE NOTICE, REASON, CAUSE, OR EXPLANATION AT ANY TIME.
(c) Tickets are uniquely numbered for scanning verification and logging at the time of entry. Any attempt to gain a second entry with a reprinted or copied ticket will be rejected and may result in immediate investigation by Longwood's security personnel and law enforcement.
3. Refunds. Ticket and Membership sales are final. Tickets are non-refundable and may not be exchanged for another date and time. Lost or stolen tickets will not be refunded or replaced. If you cancel your Continuing Education or Conference registration, your registration fee (less $30.00 processing fee) will be refunded if notice of cancellation is received at least two weeks before the event. To notify us of your cancellation, email email@example.com or call 610-388-5454.
(a) Memberships to Longwood and the benefits of membership (“Membership”) are exclusively for non-commercial use by individuals holding Membership (“Members”) and are not transferable for any purpose.
(b) All Membership sales are final and nonrefundable. Memberships and Membership benefits are exclusively for non-commercial use by individual Members and cannot be sold or transferred. To preserve the integrity of the Membership program, one named cardholder(s) must be present to gain admission. Please present photo identification with Membership card(s). Discounts on special events and performances may apply if included in a Member’s Membership level. MEMBER DISCOUNTS CANNOT BE APPLIED TO ALCOHOL PURCHASES.
(d) Members-only events are for active Members only, unless otherwise noted.
(e) Complimentary guest tickets are for one-time general admission. Specially ticketed events and blackout date restrictions apply. Complimentary guest tickets are not replaceable and may not be used for Member-only events.
(f) All permanent materials, including Membership card(s), are mailed directly to the gift recipient within 2-4 weeks. Gift Memberships purchased online start the date they are purchased and such recipients are subject to the terms and conditions of the Membership purchased.
5. Gift Card Policy
(a) Redemption. Longwood gift cards (“Gift Cards”) must be redeemed toward the purchase of products available either on site or through our affiliated website on longwoodgardens.org. Gift Cards may be redeemed for any product offered through our ticketing, Gift Shop or Restaurant venue. Purchases are deducted from the Gift Card balance. Any unused balance remains in the recipient's Gift Card account when redeemed. If an order exceeds the amount of the recipient's Gift Card, the balance must be paid with a credit card or other available payment method. Longwood will provide Gift Card purchasers with information about the redemption status of their Gift Cards, including available Card balances, upon request. In the event of a return of an order or product using a gift card or both a gift card and a credit, debit card or other method of payment, returned amounts will be credited back to a gift card, unless otherwise required by law.
(b) Limitations. Gift Cards may not be redeemed for the purchase of products that are not offered by Longwood. Gift Cards cannot be reloaded, resold, transferred for value, redeemed for cash or applied to any other account, except to the extent required by law. Unused Gift Card balances will remain in perpetuity on a recipients Gift card until redeemed for applicable products offered by Longwood. Gift Cards have no expiration date. There are no service fees imposed by Longwood on unredeemed gift card balances.
(c) Risk of Loss. The risk of loss and title for Gift Cards pass to the purchaser upon receipt. We are not responsible if a Gift Card is lost, stolen, destroyed or used without your permission.
(d) Fraud. Longwood will have the right to require alternative forms of payment if a fraudulently obtained Gift Card is redeemed and/or used to make purchases at either our facility or our affiliated website as set forth above.
(e) Limitation of Liability. LONGWOOD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO IT’S GIFT CARDS, INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT A GIFT CARD CODE IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, SHALL BE THE REPLACEMENT OF SUCH GIFT CARD. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
(a) Longwood permits photography and video for private, non-commercial use only. Hand-held cameras and video on personal mobile devices may be used. Notwithstanding the foregoing, Longwood reserves the right to restrict photography and video in its sole and absolute discretion. Longwood reserves the right to prohibit certain equipment, including, without limitation, “selfie sticks,” flash photography, tripods, monopods, and other equipment.
(b) DRONE PHOTOGRAPHY IS PROHIBITED.
(c) Photographs and video taken or recorded at the Gardens cannot be publicly published, sold, reproduced, transferred, distributed, or otherwise commercially exploited in any manner whatsoever. Commercial and press photography and video requests can be made in writing to firstname.lastname@example.org.
THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.
THESE TERMS OF SALE REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THIS WEBSITE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS. YOU AFFIRM THAT IF YOU PLACE AN ORDER ON BEHALF OF AN ORGANIZATION OR COMPANY, YOU HAVE THE LEGAL AUTHORITY TO BIND ANY SUCH ORGANIZATION OR COMPANY TO THESE TERMS AND CONDITIONS.
YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS OF SALE, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH LONGWOOD GARDENS, INC., OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.
These terms and conditions (these “Terms”) apply to the purchase and sale of products and services through shop.longwoodgardens.org (the “Site”). These Terms are subject to change by Longwood Gardens, Inc., a Delaware corporation (referred to as “us”, “we”, or “our” as the context may require), without prior written notice at any time, in our sole discretion. Any changes to the Terms will be in effect as of the “Last Updated Date” referenced on the Site. You should review these Terms prior to purchasing any product or services that are available through this Site. Your continued use of this Site after the “Last Updated Date” will constitute your acceptance of and agreement to such changes.
1. Order Acceptance and Cancellation. You agree that your order is an offer to buy, under these Terms of Sale, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered.
2. Prices and Payment Terms.
(a) Prices posted on this Site may be different than prices offered by us at our physical storefront located at Longwood Gardens, 1001 Longwood Road, Kennett Square, Pennsylvania 19348. All prices, discounts, and promotions posted on this Site are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total, and will be itemized in your shopping cart and in your order confirmation email. We strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
(b) We may offer from time to time promotions on the Site that may affect pricing and that are governed by terms and conditions separate from these Terms of Sale. If there is a conflict between the terms for a promotion and these Terms of Sale, the promotion terms will govern.
(c) Terms of payment are within our sole discretion and payment must be received by us before our acceptance of an order. We accept VISA, Mastercard, Discover, and American Express for all purchases. You represent and warrant that (i) the credit card information you supply to us is true, correct and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Site at the time of your order.
3. Shipments; Delivery; Title and Risk of Loss. We will arrange for shipment of the products to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process. Shipping and handling charges are reimbursement for the costs we incur in the processing, handling, packing, shipping, and delivery of your order. Title and risk of loss pass to you upon our transfer of the products to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
4. Returns and Refunds. Except for any products designated on the Site as final sale or non-returnable, we will accept a return of the products for a refund of your purchase price, less the original shipping and handling costs, provided such return is made within 30 days of shipment with valid proof of purchase and provided such products are returned in their original condition. To return products, you must call (610)388-5485.
You are responsible for all shipping and handling charges on returned items. You bear the risk of loss during shipment. We therefore strongly recommend that you fully insure your return shipment against loss or damage and that you use a carrier that can provide you with proof of delivery for your protection.
Refunds are processed within approximately three business days of our receipt of your merchandise. Funds will appear on the account within seven to ten business days. Your refund will be credited back to the same payment method used to make the original purchase on the Site. WE OFFER NO REFUNDS ON ANY PRODUCTS DESIGNATED ON THIS SITE AS NON-RETURNABLE.
For defective returns, please refer to the manufacturer’s warranty (see Section 5) included with the product or as detailed in the product’s description on our Site.
5. Manufacturer’s Warranty and Disclaimers. We do not manufacture or control any of the products or services offered on our Site. The availability of products or services through our Site does not indicate an affiliation with or endorsement of any product, service or manufacturer. Accordingly, we do not provide any warranties with respect to the products or services offered on our Site. However, the products and services offered on our Site are covered by the manufacturer’s warranty as detailed in the product’s description on our Site and included with the product. To obtain warranty service for defective products, please follow the instructions included in the manufacturer’s warranty.
ALL PRODUCTS AND SERVICES OFFERED ON THIS SITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.
SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
YOU AFFIRM THAT WE SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY BREACH OF WARRANTY CLAIMS OR FOR ANY DAMAGES ARISING OUT OF THE MANUFACTURER’S FAILURE TO HONOR ITS WARRANTY OBLIGATIONS TO YOU.
6. Limitation of Liability. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THESE TERMS OF SALE, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.
OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS AND SERVICES YOU HAVE ORDERED THROUGH OUR SITE
7. Goods Not for Resale or Export. You represent and warrant that you are buying products or services from the Site for your own personal or household use only, and not for resale or export. You further represent and warrant that all purchases are intended for final delivery to locations within the US.
9. Force Majeure. We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms of Sale, for any failure or delay in our performance under these Terms of Sale when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
10. Governing Law and Jurisdiction. This Site is operated from the US. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule (whether of the State of Delaware or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Delaware
11. Dispute Resolution and Binding Arbitration.
(a) YOU AND LONGWOOD GARDENS, INC. ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
(b) The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Section 11. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.
(c) The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction.
(d) If you prevail on any claim that affords the prevailing party attorneys’ fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law.
(e) You may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intention do so within 60 days of your purchase. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy.
(f) You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR LONGWOOD GARDENS, INC. WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.
12. Assignment. You will not assign any of your rights or delegate any of your obligations under these Terms of Sale without our prior written consent. Any purported assignment or delegation in violation of this Section 12 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms of Sale.
13. No Waivers. The failure by us to enforce any right or provision of these Terms of Sale will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Longwood Gardens, Inc.
14. No Third-Party Beneficiaries. These Terms of Sale do not and are not intended to confer any rights or remedies upon any person other than you
(a) To You. We may provide any notice to you under these Terms of Sale by: (i) sending a message to the email address you provide or (ii) by posting to the Site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
(b) To Us. To give us notice under these Terms of Sale, you must contact us as follows: (i) by personal delivery, overnight courier, or registered or certified mail to Longwood Gardens, Inc, PO Box 501, Kennett Square, PA 19348. We may update the facsimile number or address for notices to us by posting a notice on the Site. Notices provided by personal delivery will be effective immediately. Notices provided by facsimile transmission or overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.
16. Severability. If any provision of these Terms of Sale is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms of Sale and will not affect the validity or enforceability of the remaining provisions of these Terms of Sale.