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Terms of Use

 

Terms of Use

Welcome to Allplanters.com. Allplanters.com provides website and other electronic services subject to the conditions set out below ("Conditions"). By using and shopping via allplanters.com's website, you accept these Conditions. Please read these Conditions carefully. If you do not wish to be bound by these Conditions, do not access or use the Allplanters.com Services.

Applicable Laws 

Allplanters.com makes no representation that content included on the Allplanters.com website is appropriate or available for use in locations other than in the United States, and access to Allplanters.com from territories where their content is illegal is prohibited. Those who choose to access Allplanters.com from locations outside the United States do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the content included on Allplanters.com in violation of U.S. export laws and regulations.

Change of Terms

Allplanters.com may, at its sole discretion, revise or add new terms to these Conditions from time to time without notice to you. Such revisions and additions shall be deemed effective immediately upon notice, which Allplanters.com may give by any means, including, without limitation, by posting the revised Conditions on the Allplanters.com Services. You are responsible for reviewing Allplanters.com for any modifications to these Conditions that may affect your rights or obligations. Any access or use by you of Allplanters.com after changes to these Conditions will constitute your acceptance of the revised terms.

Orders and Pricing

Allplanters.com reserves the right to discontinue or change product specifications and prices without prior notice. Products are available while supplies last. Inadvertent errors in advertised prices are not binding on Allplanters.com, and may be adjusted by Allplanters.com any time. Your placing an order and your receipt of an order confirmation do not constitute final acceptance of an order. Certain information may need to be confirmed prior to accepting your order. Your order, or any portion thereof, may be declined even after your receipt of an order confirmation.

Content

Copyright in the documents and material on Allplanters.com is owned by or licensed to Allplanters.com. You are authorized to use this material only for personal, non-commercial purposes. You may download, print, and store copies of this material for your own personal, non-commercial use. The images of people or places displayed on Allplanters.com are either the property of, or used with permission of, Allplanters.com. The uses of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Conditions or specific permission is provided elsewhere on Allplanters.com. Any unauthorized use of these images may violate copyright laws, trademark laws, the laws of privacy and publicity, and regulations and statutes governing communications. Nothing contained on Allplanters.com should be construed as granting, by implication or otherwise, any license or right to use any trademark or service mark displayed on the Allplanters.com website without the written permission of Allplanters.com or any third party that may own such trademarks or service marks.

Links to Other Sites and Services

Links to other Internet sites and services operated by third parties, including Allplanters.com vendors, do not constitute sponsorship, endorsement, or approval by Allplanters.com of the content, policies, or practices of such linked sites or services. Allplanters.com is not responsible for the availability, content, security, policies, or practices of linked sites or services, including, without limitation, the accuracy of content on linked sites or services and the privacy policies and practices of linked sites and services.

Electronic Communications

When you access or use Allplanters.com, send e-mails to Allplanters.com, or receive electronic communications from Allplanters.com, you are, and consent to, communicating with Allplanters.com electronically. Allplanters.com may communicate with you by e-mail. You agree that all notices, disclosures, agreements, policies, and other communications that Allplanters.com provides to you electronically satisfy any requirement that such communications be in writing.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITYTHE MATERIAL CONTAINED IN THE ALLPLANTERS.COM SERVICES HAS BEEN CHECKED FOR ACCURACY. HOWEVER, ALLPLANTERS.COM MAKES NO WARRANTIES OR REPRESENTATIONS AS TO SUCH MATERIALS ACCURACY, AND IT IS SUPPLIED WITHOUT ANY EXPRESSED OR IMPLIED WARRANTIES. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE ALLPLANTERS.COM SERVICES IS PROVIDED TO YOU “AS IS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.ALLPLANTERS.COM DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY PRODUCTS OR SERVICES OFFERED ON THE ALLPLANTERS.COM SERVICES, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE PRODUCTS MANUFACTURER.UNDER NO CIRCUMSTANCES WILL ALLPLANTERS.COM OR ITS PARENTS, AFFILIATES, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE ALLPLANTERS.COM SERVICES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, OR OTHER DAMAGES, WHETHER IN CONTRACT, TORT, OR OTHERWISE, INCLUDING NEGLIGENCE, ARISING IN ANY WAY OUT OF ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE ALLPLANTERS.COM SERVICES OR ANY LINKED SERVICES OR ARISING OUT OF ITS CONTENTS OR ANY ERRORS OR OMISSIONS IN ITS CONTENTS, INCLUDING BUT NOT LIMITED TO LOST PROFITS, BUSINESS INTERRUPTION, OR LOSS OF PROGRAMS OR OTHER DATA ON COMPUTER SYSTEMS OR OTHERWISE, EVEN IF ALLPLANTERS.COM IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ALLPLANTERS.COM DOES NOT WARRANT OR REPRESENT THAT YOUR ACCESS TO OR USE OF THE ALLPLANTERS.COM SERVICES OR ANY LINKED SERVICES WILL BE INTERRUPTED OR FREE OF ERRORS OR OMISSIONS, THAT DEFECTS WILL BE CORRECTED, OR THAT THE ALLPLANTERS.COM SERVICES OR ANY LINKED SERVICES IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS.

UNDER NO CIRCUMSTANCES WILL ALLPLANTERS.COM OR ITS PARENTS, AFFILIATES, OR ANY OTHER PARTY OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, OR OTHER DAMAGES, WHETHER IN CONTRACT, TORT, OR OTHERWISE, INCLUDING NEGLIGENCE, ARISING IN ANY WAY FROM ANY PRODUCT OR SERVICE SOLD OR PROVIDED THROUGH THE ALLPLANTERS.COM SERVICES, EVEN IF ALLPLANTERS.COM IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL ALLPLANTERS.COM’S LIABILITY BE GREATER THAN THE PRICE YOU PAID FOR THE PRODUCT OR SERVICE THAT IS THE BASIS FOR THE CLAIM.

Some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. You should check local laws for any restrictions or limitations regarding the exclusions of implied warranties.

Indemnification

You agree to defend, indemnify, and hold harmless Allplanters.com and its parents, affiliates, and related entities and their respective directors, officers, employees, and agents from and against all claims, losses, damages, liabilities, and costs (including without limitation reasonable attorneys’ fees and court costs), arising out of or relating to your breach of these Conditions or your access to or use of the Allplanters.com Services.

Your Access to Allplanters.com Services

When you use the Allplanters.com Services, you agree to comply with all applicable laws, statutes, ordinances, and regulations regarding your use of, and purchase of products and services through, the Allplanters.com Services. You are responsible for maintaining the confidentiality of any passwords or usernames and for restricting access to your account, if any, and you agree to accept responsibility for all activities that occur under your account, username, or password. If you are under 18, you may use the Allplanters.com Services only with the involvement of a parent or guardian. Allplanters.com reserves the right, at its sole discretion, to refuse service, remove or edit content, cancel orders, or terminate accounts for any or all of the Allplanters.com Services. In the event that Allplanters.com denies you access to one or more Allplanters.com Services, the provisions in these Conditions governing any copyright and other intellectual property rights, and the disclaimers, indemnities, and limitations of liabilities set forth in these Conditions shall survive such termination.

Contents of Notice

All notices of alleged copyright infringement be in writing. For Allplanters.com to act on your notice, you must be authorized to enforce the copyrights that you allege have been infringed. When informing Allplanters.com of an alleged copyright infringement, you should:

1. Identify the copyrighted work that allegedly has been infringed. If multiple copyrighted works on a single Allplanters.com Service are involved, please provide a representative list of such works on that Allplanters.com Service. 2. Describe the material that is claimed to be infringing and provide sufficient information to permit Allplanters.com to locate that material. 3. Provide your contact information, including an address, telephone number, and, if available, an e-mail address. 4. Certify or include a statement that you have a good-faith belief that the use of the copyright-protected material in the manner complained of is not authorized by the copyright owner, the owner’s agent, or law. 5. Certify that the information that you have provided Allplanters.com is accurate. You should attest under penalty of perjury that you are authorized to enforce the copyrights that you allege have been infringed. 6. Include your physical or electronic signature. Allplanters.com may not be able to act on your complaint promptly or at all if you do not provide this information.

Miscellaneous

These Conditions contain the entire understanding of you and Allplanters.com with respect to the subject matter hereof and supersedes all prior agreements and understandings between you and Allplanters.com with respect to the subject matter hereof. The failure of Allplanters.com at any time to enforce any of the provisions of these Conditions will not be deemed or construed to be a waiver of any such provisions, or in any way to affect the right of Allplanters.com to thereafter enforce each and every provision of these Conditions. No waiver by Allplanters.com of any breach of any provision of these Conditions will be construed or deemed to be a waiver of any other subsequent breach. If any provision of these Conditions is declared invalid or otherwise determined to be unenforceable for any reason, such provision will be deemed to be severable from the remaining provisions of these Conditions, which will otherwise remain in full force and effect. Provisions concerning your rights and obligations which by the content of the provision operate after termination or which are necessary to enforce any right will survive any termination or expiration of these Conditions.

 

 

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