Welcome to Bert's Dirt Works. Bert's Dirt Works provides services to you subject to the following conditions. If you visit or shop at Bert's Dirt Works, you accept these conditions. Please read them carefully.

PRIVACY
In order to understand our practices, please review our Privacy Notice. It governs your visit to Bert's Dirt Works.

ELECTRONIC COMMUNICATIONS
When you visit Bert's Dirt Works or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

COPYRIGHT
All content included on this site, such as text, graphics, logos, button icons, images, digital downloads, data compilations, and software, is the property of Bert's Dirt Works or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Bert's Dirt Works and protected by U.S. and international copyright laws. All software used on this site is the property of Bert's Dirt Works or its software suppliers and protected by United States and international copyright laws.

TRADEMARKS
Bert's Dirt Works and other marks indicated on our site are registered trademarks of Bert's Dirt Works, Inc. in the United States and other countries. Bert's Dirt Works trademarks may not be used in connection with any product or service that is not Bert's Dirt Works, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Bert's Dirt Works. All other trademarks not owned by Bert's Dirt Works that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Bert's Dirt Works.

LICENSE AND SITE ACCESS
Bert's Dirt Works grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Bert's Dirt Works. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Bert's Dirt Works. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Bert's Dirt Works without express written consent. You may not use any meta tags or any other "hidden text" utilizing Bert's Dirt Works name or trademarks without the express written consent of Bert's Dirt Works. Any unauthorized use terminates the permission or license granted by Bert's Dirt Works. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Bert's Dirt Works so long as the link does not portray Bert's Dirt Works and its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Bert's Dirt Works logo or other proprietary graphic or trademark as part of the link without express written permission.

YOUR ACCOUNT
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Bert's Dirt Works does sell products for children, but it sells them to adults, who can purchase with a credit card. If you are under 18, you may use Bert's Dirt Works only with involvement of a parent or guardian. Lend A Hand reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors may submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable content. If you do submit material, and unless we indicate otherwise, you grant Bert's Dirt Works a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Bert's Dirt Works the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Bert's Dirt Works for all claims resulting from content you supply. Bert's Dirt Works has the right but not the obligation to monitor and edit or remove any activity or content. Bert's Dirt Works takes no responsibility and assumes no liability for any content posted by you or any third party.

RISK OF LOSS
All items purchased from Bert's Dirt Works are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

PRODUCT DESCRIPTIONS
Lend A Hand attempts to be as accurate as possible. However, Bert's Dirt Works does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Bert's Dirt Works itself is not as described, your sole remedy is to return it in unused condition.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE IS PROVIDED BY Bert's Dirt Works AN "AS IS" AND "AS AVAILABLE" BASIS. Bert's Dirt Works MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, Bert's Dirt Works DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Bert's Dirt Works DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM Bert's Dirt Works ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Bert's Dirt Works WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

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.

APPLICABLE LAW
By visiting Bert's Dirt Works, you agree that the laws of the state of Colorado, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Bert's Dirt Works.

DISPUTES
Any dispute relating in any way to your visit to Bert's Dirt Works or to products you purchase through Bert's Dirt Works shall be submitted to confidential arbitration in Denver, Colorado, except that, to the extent you have in any manner violated or threatened to violate Bert's Dirt Works intellectual property rights, Bert's Dirt Works may seek injunctive or other appropriate relief in any state or federal court in the state of Colorado, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

SITE POLICIES, MODIFICATION, AND SEVERABILITY
We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.