Terms of Use

Last Updated: 3.9.2026

Welcome to the First Editions® website (the “Site”). This Site is operated by Bailey Nurseries, Inc. for its First Editions® brand. These Terms of Use (“Terms”) govern your access to and use of the Site. By using the Site, you agree to these Terms. If you do not agree, please do not use the Site.

1. Purpose of the Site

The Site is provided for informational, educational, and promotional purposes related to First Editions® shrubs and trees. Plant descriptions, images, care information, inspiration, and related content are intended to help users learn about First Editions® products and gardening topics.

The Site does not sell products directly to consumers through online checkout. Availability of First Editions® plants may vary by retailer and location.

2. Plant Information and Availability

We work to provide accurate and useful information, but plant characteristics and performance can vary. Any information on the Site, including plant size, color, bloom time, hardiness, growth habit, timing, or landscape performance, is provided as a general guide only.

Actual results may vary based on climate, region, soil, light, watering, pruning, maintenance, and other growing conditions. Product availability also varies by retailer, season, and geography.

3. No Professional or Gardening Guarantee

Content on the Site is not a guarantee of gardening success and is not professional horticultural, landscaping, or other expert advice for every situation. You are responsible for determining whether a plant is appropriate for your location and conditions.

4. Intellectual Property

All content on the Site, including text, photos, graphics, logos, trademarks, plant names, videos, design elements, and other materials, is owned by or used with permission by Bailey Nurseries, Inc. and/or its licensors and is protected by applicable intellectual property laws.

First Editions®, related marks, and associated brand assets may not be copied, reproduced, republished, uploaded, posted, transmitted, distributed, modified, or used for commercial purposes without prior written permission.

You may view, download, or print limited portions of the Site for personal, non-commercial use only, provided you do not remove any copyright, trademark, or other proprietary notices.

5. Acceptable Use

You agree not to:

  • use the Site for any unlawful purpose;
  • interfere with or disrupt the Site or its operation;
  • attempt to gain unauthorized access to the Site, its servers, or related systems;
  • introduce malware, malicious code, or harmful material;
  • scrape, copy, harvest, or systematically extract Site content without permission; or
  • use the Site in a way that could damage, disable, overburden, or impair it.
6. Third-Party Links and Retailers

The Site may include links to third-party websites, retailers, social media platforms, videos, articles, or other resources. These links are provided for convenience only.

Neither First Editions® nor Bailey Nurseries, Inc. controls or is responsible for third-party websites, content, privacy practices, product availability, pricing, promotions, services, or transactions. Any dealings you have with a retailer or other third party are solely between you and that third party.

7. User Submissions

If you submit information through the Site, such as through a contact form, newsletter form, question submission, or similar feature, you agree that the information you provide is accurate and that you have the right to provide it.

You may not submit unlawful, misleading, defamatory, infringing, or otherwise inappropriate content. We may remove or disregard submissions at our discretion.

8. Privacy

Your use of the Site is also subject to our Privacy Policy, which explains how we collect, use, and manage personal information.

9. Disclaimer of Warranties

The Site and all content on it are provided on an “as is” and “as available” basis. To the fullest extent permitted by law, Bailey Nurseries, Inc. and its affiliates disclaim all warranties of any kind, whether express or implied, including warranties of accuracy, completeness, reliability, merchantability, fitness for a particular purpose, non-infringement, and availability.

We do not guarantee that the Site will be uninterrupted, error-free, secure, or free of viruses or other harmful components.

10. Limitation of Liability

To the fullest extent permitted by law, Bailey Nurseries, Inc., its affiliates, officers, employees, agents, licensors, and service providers will not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages arising out of or related to your use of, or inability to use, the Site or reliance on any Site content.

If liability cannot be fully excluded, our liability will be limited to the maximum extent permitted by law.

11. Indemnification

You agree to defend, indemnify, and hold harmless Bailey Nurseries, Inc., its affiliates, officers, employees, agents, licensors, and service providers from and against any claims, liabilities, damages, losses, and expenses arising out of or related to your violation of these Terms or your misuse of the Site.

12. Changes to These Terms

We may update these Terms from time to time. Any changes will become effective when posted to the Site. Your continued use of the Site after revised Terms are posted means you accept the updated Terms.

13. Governing Law

These Terms are governed by the laws of the State of Minnesota, without regard to conflict of law principles, except to the extent otherwise required by applicable law.

14. Contact Us

If you have questions about these Terms, please contact us at:

First Editions®
c/o Bailey Nurseries, Inc.
1325 Bailey Road
St. Paul, MN 55119

Contact us.