PLEASE READ THIS AGREEMENT CAREFULLY. THIS AGREEMENT GOVERNS YOUR USE OF PLANTERBOXESDIRECT.COM. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT OR ANY REVISED VERSION OF THIS AGREEMENT, PLEASE DO NOT USE THIS SITE.
1. Acceptance. By using the Web Site, making a purchase through the Web Site or registering with the Web Site, you, the Web Site user, agree to be bound by the agreement formed by these terms and conditions of use (this “Agreement”). Planterboxesdirect.com reserves the right, at its sole discretion, to change, modify, add, or remove portions of this Agreement at any time effective immediately upon notice. If you are a registered user, Planterboxesdirect.com will notify you of any changes at the email address you provided during registration. Please check this Agreement periodically for changes. Continued use of the Web Site following the posting of changes to this Agreement will mean you have read and accept such changes. You separately acknowledge, agree, represent and warrant that any information provided by you to Planterboxesdirect.com is true, accurate, correct, complete and that this representation is an essential and material provision of this Agreement. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT CLICK “AGREE,” AND DO NOT USE THE WEB SITE.
2. Service. Planterboxesdirect.com provides a web-based service that allows You to purchase products from Company’s suppliers (“Suppliers”). You represent and warrant that any information You provide is true, correct, accurate and complete including, but not limited to, the address for delivery of any products You order.
A. Shipment/Delivery. You agree to provide a true, correct, accurate and complete address for delivery of any products You order. COMPANY SHALL NOT BE RESPONSIBLE FOR YOUR FAILURE TO ACCEPT DELIVERY. You agree to immediately notify Company in the event of any event or condition that may affect Your ability to accept delivery. Products shall be shipped directly to you from Company’s distributor via UPS or Fed-ex. Additional terms are set forth on Company’s additional terms of sale (“ADDITIONAL TERMS OF SALE”) page, accessible here and incorporated herein by this reference.
B. Payment. Company will accept credit cards, (Visa, MasterCard, American Express and Discover) Money Orders, Certified Checks and PayPal
C. Returns & Exchanges. All items are "Final Sale" Company may accept returns, make exchanges or provide store credit ONLY if (1) merchandise is not a “final sale” item, and (2) customer follows all requirements and procedures set forth in the ADDITIONAL TERMS OF SALE page, accessible here and incorporated herein by this reference. All “Final Sale” merchandise is Final Sale, NO RETURNS, NO EXCHANGES.
D. Product Warranty. Please see the Product Warranty page for specific product warranty information.
E. Typographical Errors. In the event that a product is mistakenly listed at an incorrect price, Company reserves the right to refuse or cancel any orders placed for a product listed at an incorrect price. Company reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and payment tendered and/or received. If a credit card purchase is cancelled, Company shall issue a credit to the credit card account in the amount paid.
3. License & Access. Company grants You a limited license to access and make personal use of Planterboxesdirect.com and not to download (other than page caching) or modify it, or any portion of it. This license does not include: any resale or third-party commercial use of Planterboxesdirect.com or its contents; any collection and use of any advertisements, descriptions, or prices; any derivative use of Planterboxesdirect.com 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 automated data gathering and extraction tools. 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 Planterboxesdirect.com, Company or our affiliates without express written consent. You may not use any meta tags or any other “hidden text” utilizing Planterboxesdirect.com or Company’s name or trademarks without the express written consent of Company. Any unauthorized use terminates the permission or license granted by Company. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Planterboxesdirect.com so long as the link does not portray Planterboxesdirect.com, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any Planterboxesdirect.com logo or other proprietary graphic or trademark as part of the link without express written permission. “Planterboxesdirect.com” and “Greentec” are trademarks of Company.
4. Restrictions on Use. Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, video clips, and written and other materials that are part of any Planterboxesdirect.com web site are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by Company. No material from Planterboxesdirect.com or any other Company web site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except with express written consent of Company. In addition, You shall not commit any of the following acts through use of Planterboxesdirect.com:
A. transmit any content that is invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
B. use foul language or post links to adult-oriented Web sites;
C. transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of unrequested solicitation;
D. post advertising messages or solicitations, URLs containing a referral code or referral address, or links to businesses or pages with advertising, including “blind” or “hidden” referral links; or
E. collect, store, use or disseminate personal data or information about other users in any manner whatsoever, including but not limited to, solicitation of products or services by mail, telephone or e-mail (e.g. e-mail addresses).
5. Violations. In addition to any and all remedies at law or in equity, any intentional violation of this Agreement shall give Company the right to immediately suspend or cancel your access to the Web Site, the Services, and any order in process, without further liability.
6. Privacy. It is Company’s policy to respect the privacy of Planterboxesdirect.com users. Therefore, in addition to the privacy of registration data, Planterboxesdirect.com shall not monitor, edit, or disclose the contents of a guest's e-mail unless required in the course of normal maintenance of Planterboxesdirect.com and its systems or unless required to do so by law or in the good-faith belief that such action is necessary to: (1) comply with the law or comply with legal process served on Planterboxesdirect.com or Company; (2) protect and defend the rights or property of Planterboxesdirect.com or Company; or (3) act in an emergency to protect the personal safety of our users or the public. You shall remain solely responsible for the content of their messages. Planterboxesdirect.com’s Privacy Statement can be found here.
7. Indemnity. You shall indemnify, defend and hold Company, its directors, officers, employees, agents and contractors harmless from and against any and all liabilities, claims, costs, assessments, fees or expenses of any kind, including without limitation defense costs and reasonable attorneys’ fees arising from or related in any way to: a) any claim which, if proved, would breach any of Your covenants or representations; and b) any and all Third Party Claims arising out of any content You submit to or transmitted through Planterboxesdirect.com.
8. Termination. This Agreement is effective on the earlier of the date you click “I Accept” or first date materials from Planterboxesdirect.com are accessed by You (the “Effective Date”) and shall continue in effect until terminated by either party. You may terminate this Agreement at any time by destroying all materials obtained from Planterboxesdirect.com and all related documentation and all copies and installations thereof, whether made under this Agreement or otherwise. Any rights to access and use the Services under this Agreement shall terminate immediately without notice from Company if in Company's sole discretion You fail to comply with any term or provision of this Agreement.
Company may, at its sole discretion and at any time, discontinue providing access to Planterboxesdirect.com, or any part thereof, with or without notice. You agree that any termination of Your access to Planterboxesdirect.com under any provision of this Agreement may be effected without prior notice. Further, You agree that Company shall not be liable to You or to any third party for any termination of Your access to Planterboxesdirect.com.
9. Jurisdiction. Unless otherwise specified, Planterboxesdirect.com is available solely for the purpose of promoting products and/or services available in the United States, its territories, possessions, and protectorates. Planterboxesdirect.com is controlled and operated by Company from its offices within the State of Illinois, United States of America. Company makes no representation that materials in Planterboxesdirect.com are appropriate or available for use in other locations. Those who choose to access this Planterboxesdirect.com from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
10. Disclaimer. THE MATERIALS IN PLANTERBOXESDIRECT.COM ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Company DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Company DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN PLANTERBOXESDIRECT.COM SHALL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT PLANTERBOXESDIRECT.COM OR ANY OTHER Company WEB SITE OR THE SERVER(S) THAT MAKES PLANTERBOXESDIRECT.COM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Company DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN PLANTERBOXESDIRECT.COM IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
COMPANY MAKES NO WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED THAT SHALL BE PROVIDED TO YOU OR ANY THIRD PARTY IN A TIMELY MANNER OR THAT GIFT CERTIFICATES PURCHASED THROUGH PLANTERBOXESDIRECT.COM WILL BE HONORED BY THE APPLICABLE MERCHANT.
Product Warranties. Individual products may come with a manufacturer’s warranty. You shall contact the manufacturer directly with respect to any claim regarding the manufacturer’s warranty.
11. Limitation of Liability. IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, WHICH ARISES OUT OF OR IS ANY WAY CONNECTED WITH (I) ANY USE OF THE SERVICES, THE PLANTERBOXESDIRECT.COM WEB SITE OR THE PLANTERBOXESDIRECT.COM CONTENT, (II) ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO, THE USE OR INABILITY TO USE ANY COMPONENT OF THE SERVICES OR THE PLANTERBOXESDIRECT.COM WEB SITE), OR (III) THE PERFORMANCE OR NON-PERFORMANCE OF ANY PRODUCT ORDERED BY YOU IN CONNECTION WITH THE SERVICES. IN ADDITION, YOU SPECIFICALLY UNDERSTAND AND AGREE THAT ANY THIRD PARTY DIRECTING USERS TO THE PLANTERBOXESDIRECT.COM WEB SITE BY REFERRAL, LINK OR ANY OTHER MEANS IS NOT LIABLE TO USER FOR ANY REASON WHATSOEVER, INCLUDING BUT NOT LIMITED TO DAMAGES OR LOSS ASSOCIATED WITH THE USE OF THE SERVICES, THE PLANTERBOXESDIRECT.COM WEB SITE OR THE PLANTERBOXESDIRECT.COM CONTENT. COMPANY IS NEITHER AN AGENT OF, NOR IS CONNECTED WITH, ANY AFFILIATED SUPPLIER.
YOU ACKNOWLEDGE AND AGREE THAT Company SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM ANY DISPUTE THAT MAY ARISE REGARDING PRODUCTS PURCHASED THROUGH PLANTERBOXESDIRECT.COM for any reason AND THAT YOU SHALL seek redress EXCLUSIVELY FROM THE APPLICABLE MANUFACTURER.
12. Links to Outside Web Sites and Services. To the extent that Planterboxesdirect.com contains links to outside services and resources, Company does not control the availability and content of those outside services and resources. Any concerns regarding any such service or resource, or any link thereto, should be directed to the particular service or resource.
13. Copyrights and Copyright Agents. If you believe that your work has been copied in a way that constitutes copyright infringement or that your intellectual property rights have been otherwise violated, please provide Company’s Copyright Agent the following information:
A. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
B. a description of the copyrighted work or other intellectual property that you claim has been infringed;
C. a description of where the material that you claim is infringing is located on the site;
D. your address, telephone number, and email address;
E. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
F. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Company’s Agent for Notice of claims of copyright or other intellectual property infringement:
Skokie, IL 60077
By email: team@Planterboxesdirect.com
11. Miscellaneous. This Agreement shall be governed by and construed in accordance with the laws of the State of Illinois and you agree that this agreement shall be deemed to have been entered into and performed exclusive in the State of Illinois. You agrees that any action at law or in equity arising out of or relating to this Agreement shall be litigated only in the state or federal courts located in the State of Illinois and You hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.