Terms & Conditions

Cheekwood Estate & Gardens ("Cheekwood") provides www.cheekwood.org and its subdomains (including websites accessed through mobile devices as well as downloadable mobile applications) and application program interfaces ("APIs") (collectively, the "Websites") in support of the Cheekwood's mission to preserve Cheekwood as an historical landmark where beauty and excellence in art and horticulture stimulate the mind and nurture the spirit. By accessing the Websites, users agree to be bound by the following terms and conditions, which Cheekwood may revise at any time. Users are encouraged to visit this page from time to time to review current terms and conditions.

1. Shipping & Delivery

   We ship your order using your selected carrier chosen at checkout. Orders take 3-5 days to process and ship out. You will receive an email with Tracking Information once it has shipped. Delivery times are not guaranteed and may be impacted by weather, holidays, and other factors.

2. Returns & Replacements; Refunds & Cancellations All returns must be done in store. We have a 14 day return policy on all product. All returned merchandise must have original tags and packaging. Receipt must be present. If you cannot make a return in person, please contact [email protected].

3. Pricing & Tax Prices Prices are subject to change without notice. Orders may be subject to a state sales tax.

4. Copyright and Proprietary Rights. The text, images, trademarks, data, audio files, video files and clips, software, documentation or other information contained in these files, and other content on the Websites (collectively, the "Materials") are proprietary to Cheekwood or its licensors. Copyright and other proprietary rights may be held by individuals or entities other than, or in addition to, Cheekwood. You may not reproduce, copy, download or distribute any content of this site without first obtaining Cheekwood's express written permission unless specific information is granted for the use of such information, as in the case of educational materials for classroom use.

5. Trademarks. Many of the trademarks, service marks, and logos (collectively, the "Trademarks") displayed on the Websites, are registered and/or unregistered marks of Cheekwood Estate & Gardens. The Trademarks of third parties may also be displayed on the Websites. Nothing contained in the Websites should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademarks displayed on the Websites without the express written permission of Cheekwood or any third party that may own the Trademarks displayed on the Websites. Without limiting the foregoing, the Trademarks may not be used in an URL. Any unauthorized use of the Trademarks or any other Materials, except as authorized in these Terms and Conditions, is strictly prohibited.

6. Authorized Uses. 

   Cheekwood does not warrant that use of any Materials displayed on the Websites will not infringe the rights of third parties not owned by or affiliated with Cheekwood. For example, some works may be under copyright by the artist or the artist's heirs holding rights to these works, or may include third-party trademarks or rights of publicity. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, products or services obtained from Cheekwood’s website unless specific permission is granted for such use of information, as in the case of educational materials made available through the Cheekwood website specifically for classroom use.

7. Purchasing on the Websites. Cheekwood has the right to refuse, limit, or cancel any orders placed on the Websites. Errors in pricing or description are subject to correction and may be adjusted at any time. Errors in order processing are also subject to correction. A user must be 18 or older to make a purchase on the Websites.

8. Cheekwood Product Representation. Every attempt is made to provide accurate information about Cheekwood store products. Cheekwood does not warrant that any information, including product descriptions, promotions, and product availability, is correct, complete, current, or without typographical errors. All typographical errors, inaccuracies, and omissions are subject to correction.

   Cheekwood makes every effort to present the colors of products as accurately as possible. The display of color depends on the settings of a user's particular monitor; Cheekwood cannot guarantee that the colors displayed on an individual's monitor will be correct.

9. Privacy. Cheekwood is committed to protecting the privacy of visitors to the Websites in accordance with applicable laws and regulations and in accordance with Cheekwood's privacy policy. Please note that the Websites are not specifically dedicated to children and Cheekwood does not actively solicit information from children. Children under the age of 13 are required to obtain permission from an adult before submitting personally identifiable information or other content to the Websites.

10. Links to Third-Party Sites. Cheekwood has not reviewed all of the sites linked to or from the Websites and is not responsible for the content or privacy policies of any off-site pages or other sites linked to or from the Websites. Cheekwood provides these links as a convenience, and linking to any off-site pages or other sites is at the user's own risk. A link does not imply endorsement or affiliation with the linked site by Cheekwood.

11. Integrated Third-Party Tools. Cheekwood offers integrated tools and other social sharing features on the Websites. By accessing the integrated tools and features users agree to be bound by the third party’s terms of service. 

12. Disclaimer of Warranties. Without limiting the foregoing, all Materials on the Websites are provided "AS IS" WITHOUT A WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, COPYRIGHT OWNERSHIP AND/OR NON-INFRINGEMENT OR OTHER THIRD PARTY PROPRIETARY RIGHTS. Cheekwood may update, change, or delete content at any time. Cheekwood makes reasonable, ongoing efforts to revise and update the Websites, but does not warrant that the Websites will provide continuous, prompt, secure, or error-free service, and assumes no responsibility for any errors or omissions, including the inaccuracy of content, or for any damages or losses that users or any third party may incur as a result of the unavailability of the Websites. Cheekwood assumes no responsibility, and shall not be liable for, any damages to or viruses that may infect a user's computer equipment or other property resulting from use of the Websites or downloading of any Materials from the Websites. At its discretion Cheekwood may discontinue or take down the Websites or any section or Material within the Websites at any time.

13. Limitation of Liability. NEITHER CHEEKWOOD, ITS AFFILIATES, TRUSTEES, DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS SHALL HAVE ANY LIABILITY FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, COMPENSATORY, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES (EVEN IF THE MUSEUM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING FROM OR RELATED TO USE OF THE WEBSITES, CONTENT, AND/OR COMPILATION.

14. Digital Millennium Copyright Act (DMCA). Cheekwood is committed to complying with U.S. copyright and related laws, and requires all users of the Websites to comply with these laws. Owners of copyrighted works who believe that their rights under U.S. copyright law have been infringed may take advantage of certain provisions of the Digital Millennium Copyright Act of 1998 ("DMCA") to report alleged infringements. A copyright owner of any content should contact Cheekwood immediately to report any concerns of infringement by providing notice to Cheekwood's Designated Agent as required by the DMCA, Title 17 U.S.C. § 512. If such notice is provided by email, please address it to [email protected]; if such notice is provided by mail, please address it to: Designated Copyright Agent, Office of the General Counsel, Cheekwood Estate & Gardens, 1200 Forrest Park Drive, Nashville, TN 37205.

15. Indemnity. The user agrees to indemnify, defend, and hold Cheekwood and its respective supervisors, trustees, officers, agents, and employees harmless from all claims, causes, allegations, costs, expenses, fees (including reasonable attorneys' fees), judgments, liabilities, losses, and damages arising from or relating to your use of or operation of the Websites or any of its Materials.

16. Entire Agreement; Severance; Waiver. These Terms and Conditions incorporate by reference any notices on the Websites and, together with the Privacy Policy and any end-user license agreements, constitute the entire agreement regarding user access to the Websites. If any provision of the terms and conditions or the Privacy Policy is deemed unlawful, void, or unenforceable, that provision will be severable from the remaining provisions and will not affect their validity and enforceability. Cheekwood's failure to enforce a provision on any occasion shall not be construed as a waiver of such provision.