WARRANTY DISCLAIMERS AND
LIMITATION OF LIABILITY



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



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



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



APPLICABLE LAWS


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



LINKS TO THIRD-PARTY SITES


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