Private Policy

The Tranquility Garden is committed to maintaining your confidence and trust, and accordingly maintains the following Privacy Policy to protect Personal Information you provide online. This Privacy Policy governs only information provided to and communicated from www.TheTranquilityGarden.com. It does not govern any information received or communication which may reference The Tranquility Garden in any other format or location. By using our website you are agreeing to the terms set forth in this Privacy Policy. Our Privacy Policy consists of the following:

Basic confidentiality is our policy that your Personal Information is private and confidential. For purposes of this Privacy Policy “Personal Information” means any information by which you can be personally identified and includes your name, address, telephone number, e-mail address, etc. We do not collect your Personal Information except when you voluntarily provide it to us such as when you place an order on the site, contact The Tranquility Garden, or otherwise register on our site for any purpose. If you place an order on our site your Personal Information will include your name and delivery address.

Your credit card number and expiration date are not transmitted to The Tranquility Garden. Your Personal Information is treated by us as confidential. It is securely stored, accessible only to specifically designated persons at The Tranquility Garden who have a need to know for purposes as forth herein. When you submit to us your Personal Information, you are giving your consent to our collection, use, retention and disclosure of your Personal Information as set forth in this Privacy Policy. If you prefer that we do not collect your Personal Information, then please do not provide us with any such information.

USE OF PERSONAL INFORMATION

You can visit and enjoy our Website without disclosing any Personal Information. If you have elected to provide us with your Personal Information regardless of the purpose for which it was submitted (e.g. to place an order, to contact The Tranquility Garden, to submit comments about our products, etc) we may use such Personal Information for the specific purpose for which you submitted it, to create and provide you with newsletters, surveys and other communications containing product and/or service related announcements, updates to our website, product suggestions, promotions, contests and the like which we believe may be of interest to you based upon your expressed interest in our site, products and/or company.

We may use your Personal Information to contact you as a follow-up to your order or customer service requests. We may also use your Personal (and non personal) Information to improve the content, appearance and utility of our site and to track visitors’ use of our site for internal market research, product development and other business purposes such as to determine which of our products and/or web pages are the most popular and generate the most customer interest. In submitting your Personal Information to us, you are consenting to our use of such Personal Information as set forth herein.

USE BY CHILDREN

This website is not designed for use by children and we will not knowingly collect Personal Information from children under the age of 18. If you are under 18, you may browse this site however you may not submit Personal Information to us.

COMPLIANCE WITH LAW AND PROTECTION AGAINST CREDIT CARD FRAUD

We may disclose your Personal (and non-personal) Information when required pursuant to applicable law, court and/or administrative agency order, rule, regulation or subpoena. We may disclose such information when we deem necessary, in our sole and absolute discretion, in order to comply with requests for information and/or documents in connection with any legal or administrative agency process.

We may also exchange or otherwise disclose your Personal Information with other companies and/or organizations for credit risk reduction purposes and in order to protect you and ourselves against credit fraud.

NOTIFICATION OF CHANGES TO POLICY

We reserve the right, in our sole discretion to change, modify, add, or remove portions of this Privacy Policy or to otherwise revise this Privacy Policy from time to time. If we decide to make a change to this policy, we will post the revised policy here on our website so that you may review it and become acquainted with it.

As we may make changes at any time without notifying you, we suggest that you periodically check the posted policy. Our rights to use your Personal Information will be based on our Privacy Policy in effect at the time we use such information.

Once you have provided us with your Personal Information you may at any time thereafter modify or correct such Personal Information and/or request that we remove it from our database. To make any request described above, or if you have any questions, comments or concerns regarding our Website, please e-mail us at TheTranquilityGarden@gmail.com.

When e-mailing us, please be certain to provide us with your exact e-mail address, your name, address and telephone number so that we may handle your request correctly.

TERMS AND CONDITIONS OF USE

By using this Website, you acknowledge that you have read, understand and agree with all of the terms and conditions set forth herein, including our Privacy Policy (collectively “Terms of Use”). You agree that you are bound by such terms and conditions. If you do not agree with all of these terms and conditions, please do not use our site.

We reserve the right in our sole discretion to change, modify or otherwise revise these terms and conditions at any time. Please check our Terms and Conditions periodically for changes. Your continued use of this site after our posting of any changes to the Terms of Use constitutes your acceptance of those changes.

PROPRIETARY RIGHTS

Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs and written and all other materials that appear on this site (collectively the “Site Contents”) and our Website as a whole are copyrights, trademarks, trade dress and/or other intellectual properties owned, controlled or licensed by TossTek Cornhole and/or our affiliates and are protected by the laws of the United States and other countries.

LIMITED LICENSE TO SITE

The Site Contents and our Website as a whole, are intended solely for your personal, non-commercial use. You may download or copy the contents and other downloadable materials displayed on the website for your personal use only, provided you keep intact all copyright and other proprietary notices and references to the The Tranquility Garden name.

No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not make any use of the Website or Site Contents for other than your personal use; you may not reproduce (except as noted above), publish, transmit, display, modify our Website or Site Contents, nor may you create any derivative work based upon either our site or Site Contents.

THIRD PARTY WEBSITE LINKS

A third party Website which links to our site may link to, but not copy, our Website and/or Site Contents, and may not link to any page of our site other than our site’s home page. A Website’s link to our site does not mean that we endorse or approve of that site or its content. We are not responsible for the content of any third party Website linked to our site.

We do not warrant or represent in any way the content, goods and/or services and/or other offering of a third party’s linked Website. We are not responsible for any consequences whatsoever, such as software viruses, spam, consumer mailings, etc. which you may experience as a result of your having moved to or from our Website by means of a third party link.

You should familiarize yourself with the terms and conditions, disclosure and privacy policies of all Websites, linked or otherwise, which you visit. We may at any time, and in our sole and absolute discretion, request that a link to our site on another entity’s Website be removed. Failure to comply with our request to un-link our Website shall be a violation of our Terms of Use.

SUBMISSIONS/USER COMMENTS/FEEDBACK

All comments, suggestions, ideas, feedback, inquiries and all other information which you submit or offer to us on or by this Website; or which are otherwise disclosed, submitted or offered to The Tranquility Garden in connection with your use of this Website (collectively “Submissions”) will be treated by us as non-proprietary and non-confidential on your part and shall thereafter be and remain the property of The Tranquility Garden.

In choosing to make any Submission to us, you acknowledge that your Submission may not be returned to you and that we may use your Submission, and any ideas, concepts and know how therein contained, for any purpose including, by way of example and not limitation, research, development, manufacturing, distribution, licensing, marketing and sale of current and future products. You further agree that no Submissions made by you will be, or contain, libelous or otherwise unlawful, abusive, discriminatory or obscene material.

If you make a Submission to us you are (i) acknowledging and agreeing that you are and shall remain solely responsible for the content of such Submission, (ii) warranting and representing that such Submission does not contain software viruses, commercial messages or solicitations, spam of any form, “Spyware” or “Adware”. (“Spyware” or “Adware” is any software which has been downloaded to and/or installed on an Internet user’s computer, without the user’s actual consent, which facilitates the distribution of a commercial message to the user).

If you make a Submission to us, you agree that you will not use a false or third party e-mail address, impersonate any person or entity or otherwise act in any way designed to mislead us as to the source, origin or author of any Submission.

If you make any Submission to us, you agree to indemnify us for all claims, losses and damages arising from or in connection with the claim of any person or entity with regard to any rights in and/or to, or deriving from, your Submission.

LIMITED LICENSE TO SITE

The Site Contents and our Website as a whole, are intended solely for your personal, non-commercial use. You may download or copy the contents and other downloadable materials displayed on the Website for your personal use only, provided you keep intact all copyright and other proprietary notices and references to the The Tranquility Garden name.

DISCLAIMER

This Website and all materials, information, software, products and services contained and/or included in or available through this website (the "content") are provided on an "as is" basis without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose or non infringement.

We do not warranty or represent that this site or the content is free of viruses or other harmful, contaminating or destructive properties. You are responsible for implementing sufficiently adequate procedures and checkpoints to satisfy your own particular requirements as to protection of your data, software and equipment. Your use of this site is safely at your risk.

LIMITATION OF LIABILITY

By your use of this site and its content you acknowledge and agree, to the fullest extent permitted by applicable law, that we will not be responsible or liable under any circumstances whatsoever for any (I) interruption of business, (II) access delay or access interruptions for the site, (III) data non delivery, misdelivery, corruption, destruction or other modification, (IV) loss or damage for any sort incurred as a result of dealing with, or the presence of, off website links to this site, (V) computer viruses, system, failures or malfunctions which may occur in connection with your use of this site and/or its content including during any linkage to or from third party websites, (VI) any inaccuracies or omissions in content or, events beyond our reasonable control.

Under no circumstances will we be responsible or liable whether in contract, tort, negligence, strict liability or otherwise, for any direct, indirect, punitive, incidental, special or consequential damages that result from your use, or availability to use, this site and/or its content, even if we have been advised of the possibility of such damages.

By your use of our site, you specifically agree that in no event, shall our maximum aggregate liability to you ever exceed one hundred dollars ($100). You agree that you assume full responsibility for all losses and expenses associated with servicing or repairing any equipment which you use in connection with your use of our website and its content.

INDEMNIFICATION

Upon request by us, you agree to defend, indemnify and hold harmless Nutrexcellence, its parent, subsidiaries, affiliate companies and their employees, contractors, officers and directors, from all claims, actions, suits, liabilities, costs and expenses including reasonable attorneys’ fees, arising from your use or misuse of this site and its content.

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you hereunder, in which event you will cooperate with us in asserting any available defenses.

CHOICE OF LAW AND FORUM

These Terms of Use shall be governed by and construed in accordance with the laws of the State of New York in Oneida County, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or your use of this site shall be filed exclusively in the state or federal courts located in the State of New York, and you further agree and submit to the exercise of personal jurisdiction of such courts for purpose of litigating any such claim or action.

SEVERABILITY AND INTEGRATION

You acknowledge and agree that these Terms of Use which include our Privacy Policy constitute the entire agreement between you and Nutrexcellence with respect to this site and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and us with respect to this site. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible the original intentions of the parties and the remaining portions shall remain in full force and effect.

GENERAL

We reserve the right in our sole discretion to change these Terms of Use, including our Privacy Policy, at any time by posting the changes on the site. Your continued use of the site constitutes your agreement to all such terms and conditions.

We may with or without prior notice terminate any of the rights granted by these Terms of Use, including our Privacy Policy, and may deny or terminate your access to the Website if, in The Tranquility Garden's sole discretion, you fail to comply with any term, condition or provision hereof.

This website uses etracker technology (www.etracker.de) through which anonymous data is collected and saved for marketing and optimization purposes. All visitor data is saved using an anonymous user ID to aggregate a usage profile. Cookies may be used to collect and save this data, but the data is not personally identifiable. The data will not be used to identify a visitor personally and is not aggregated with any personal data. The collection and storage of data may be refused at any time, with effect for the future.