Terms and Conditions of Use

Welcome to http://shop.greenerynsy.com/. The Greenery ("Nursery") provides website features and other products and services to you when you visit or shop at Nursery.com (collectively, "Nursery Services"). Nursery provides the Nursery Services subject to the following terms and conditions, including all mentioned Nursery policies, which are incorporated by reference and each of which may be updated from time to time in accordance with these terms and conditions. By using Nursery Services, you agree to these terms and conditions and all mentioned Nursery policies. Please read them carefully.

 

CHILDREN

Nursery sells products and services only to adults. If you are under 18, you may use the Nursery Services only with involvement of a parent or guardian. If you are under 13, you may not, under any circumstances or for any reason, use the Nursery Services. Nursery reserves the right to refuse service, terminate accounts, terminate rights to use Nursery Services, or cancel orders in its sole discretion.

 

PRIVACY

Please review Nursery’s Privacy Policy (set up as hotlink) to understand our privacy practices. You agree that to complete a sales transaction, deliver purchased products, improve customer experience, and suggest needed additional products, Nursery has a right to obtain and maintain your personal information related to these functions. Nursery will not obtain information that is not directly related to these transactions.

 

YOUR ACCOUNT

You may need your own Nursery account to use certain Nursery Services. You must provide accurate and complete information when establishing your account and you must keep that information updated. You shall not select or use as a username a name of another person with the intent to impersonate that person; use as a username a name subject to any rights of a person other than you without appropriate authorization; or use, as a username, a name that is otherwise offensive, vulgar or obscene. If you provide any information that is untrue, inaccurate, not current or incomplete, or Nursery has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Nursery has the right to refuse any and all current or future use of the Nursery Services. You may be required to be logged in to the account and have a valid payment method associated with it to complete a sales transaction. If there is a problem charging your selected payment method, we may charge any other valid payment method associated with your account. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account. You agree to accept responsibility for all activities that occur under your account or password. You may never use another person’s user account or registration information for the Nursery Services without permission. Nursery has the right to share your selected payment information with its suppliers and payment processors solely to the extent necessary to process your payment.

 

PRODUCT DESCRIPTIONS

Nursery attempts to be as accurate as possible in its product descriptions, is very careful to label plant varieties true to name and has made efforts to accurately display the attributes of products, including the applicable colors. However, Nursery does not warrant that product descriptions, labelling, displays or other content of any Nursery Service is accurate, complete, reliable, current, or error-free. Such information and the availability of any product or service are subject to removal or change at any time without notice. Further, the actual colors you see will depend on your monitor; Nursery cannot guarantee that your monitor's display of any color will accurately reflect actual product color or finish. In addition, certain weights, measures, and similar descriptions are approximate and are for convenience only. If a product offered by us is not as described, your sole remedy is to return it in unused condition per Nursery’s Return Policy (set up as hotlink).

 

PLANT TOXICITY

The toxicity of plants mentioned on the Nursery website is based on third party websites/resources publicly available. If a plant has been identified as non-toxic, it’s a result of the absence of any of these websites/resources identifying the plant as toxic. The degree of reliability of the information on any plant's toxicity or its lack of toxicity from these websites/resources is unknown and may not be error-free or accurate. Nursery has not independently verified any of this information from these websites/resources. Nursery disclaims all representations, warranties and liabilities in connection with any errors in or the inaccuracy of this information, included any and all damages, whether direct or indirect, general or special, including any consequential damages, which may result from contact with any plants mentioned on the Nursery website.

 

PRICING

Nursery cannot confirm the price of an item until you order. After you submit your order and the checkout process is completed, your order is taken from inventory and your payment method associated your account is charged immediately Despite our best efforts, a small number of the items in our catalog may be mispriced. If the charged price of an item sold by Nursery is higher than our website stated price, we will, at our discretion, either contact you for instructions before shipping or cancel and refund your order and notify you of such cancellation and refund.

 

BILLING

When you chose to use a credit or debit card as your payment method associated with your account, we use a third-party payment processor (the “Payment Processor”) to bill you through a payment account linked to your account on the Nursery Services (your “Billing Account”) for purchases of products or services. If you select to use a credit or debit card as your payment method, you must provide the Payment Processor with a valid credit card number and associated payment information including all of the following: (i) your name as it appears on the card; (ii) your card number; (iii) the card type; (iv) the date of expiration; and (v) any activation numbers or codes needed to charge your card. Information you provide the Payment Processor must be current, complete and accurate. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to these Terms and Conditions of Use (“Payment Processor Agreement”). We are not responsible for any error by the Payment Processor. You agree to pay us, through the Payment Processor, all charges at the prices then in effect and you authorize us, through the Payment Processor, to charge your chosen payment provider. You agree to make payment using your selected payment method. We reserve the right to correct any errors or mistakes that the Payment Processor makes even if it has already requested or received payment. The terms of your payment will be based on your selected payment method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your selected payment method. If we, through the Payment Processor, do not receive payment from you, you agree to pay all amounts due on your Billing Account upon demand.

YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CARD NUMBER, OR CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY US OR OUR PAYMENT PROCESSOR IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. IF YOU FAIL TO PROVIDE ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT WE MAY CONTINUE CHARGING YOU FOR ANY PURCHASE OF PRODUCTS OR SERVICES UNDER YOUR BILLING ACCOUNT.

 

CANCELING AN ORDER

Orders CANNOT be cancelled after the order is shipped or if the order is in the packaging process. Requests for cancellation of other orders must be made by calling Nursery during normal business hours. Large orders and/or freight shipped orders may incur a cancellation fee.

 

DELIVERY

Nursery will carefully package products in a manner that optimizes the safe delivery of the products to your location. The risk of loss and title for purchased products pass to you upon our delivery to the carrier. You agree that your order will be delivered without requiring a signature. Our carrier will leave the package(s) unsupervised unless you make other arrangements with us. If your order arrives missing an item, your sole remedy is to proceed as described in Nursery’s Return Policy (set up as hotlink)

 

RECEIPT OF SHIPMENT REFUSED

All sales are final. If receipt of a shipment is refused, Nursery may, in its sole and absolute discretion, accept the returned merchandise from the carrier, provided, that the same is in "like-new condition," and is saleable. Nursery will not refund shipping on returned items and will not pay for shipping on a returned item (per Return Policy (set up as hotlink)). If Nursery accepts returned merchandise, it may assess a restocking fee, together with all shipping charges (per Return Policy). Nursery shall not, in any event, be required to grant a credit for merchandise returned to it if such merchandise is not, in the sole and absolute discretion of Nursery, re-saleable. Since plants are perishable, no returns will be accepted past the time period specified in Return Policy.

 

LICENSE AND ACCESS

Subject to your compliance with these Terms and Conditions of Use, and your payment of any applicable fees, Nursery grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Nursery Services. This license does not include any resale or commercial use of any Nursery Service; any derivative use of any Nursery Service; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Terms and Conditions of Use are reserved and retained by Nursery or its licensors, suppliers, publishers, rightsholders, or other providers.

You may only use the information accessible via your account on the Nursery website for purposes of purchasing products or services offered on this website; you may not share, distribute, copy, resell, rent, lease, sublicense, transfer, or create derivative works of such information. No Nursery Service, nor any part of any Nursery Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Nursery. 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 Nursery without express written consent. You may not use any meta tags or any other "hidden text" utilizing Nursery's name or trademarks without the express written consent of Nursery. You shall not: (i) take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or our third party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of the Nursery Services or any activities conducted on the Nursery Services; (iii) bypass, circumvent or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Nursery Services (or other accounts, computer systems or networks connected to the Nursery Services); (iv) run any form of auto-responder or “spam” on the Nursery Services; (v) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Nursery’s website; (vi) harvest or scrape any content from the Nursery Services; or (vii) otherwise take any action in violation of our guidelines and policies. You may not misuse the Nursery Services. You may use the Nursery Services only as permitted by law. The licenses granted by Nursery terminate if you do not comply with these Terms and Conditions of Use.

 

ELECTRONIC COMMUNICATIONS

When you use Nursery Services, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other Nursery Services and you can retain copies of these communications for your records. 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 in or made available through any Nursery Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of Nursery or its content suppliers and protected by U.S. and international copyright laws. The compilation of all content included in or made available through any Nursery Service is the exclusive property of Nursery and protected by U.S. and international copyright laws.

 

TRADEMARKS

Graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Nursery Service are trademarks or trade dress of Nursery or its content suppliers in the U.S. and other countries. Nursery's trademarks and trade dress may not be used in connection with any product or service that is not Nursery's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Nursery. All other trademarks not owned by Nursery that appear in any Nursery Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Nursery.

 

THIRD PARTY SITES AND BUSINESS DEALINGS

The Nursery website may contain links to third party websites, which are not owned or maintained by us and over which we have no control (“Third Party Site(s)”). These links are provided for informational purposes only in order to assist you in identifying products and services that may be of interest to you and which you may want to research further. If you click on a link to a third party website, our Terms and Conditions of Use, Return Policy and Privacy Policy will no longer be applicable. Nursery does not intend that links to Third Party Sites be referrals to or endorsements of the linked entities or any product or service that they offer. Your business dealings with any third party with whom you connect through the Nursery website are solely between you and such third party. You are solely responsible for conducting your own due diligence prior to entering into a business relationship with any third party linked to our website. You agree that we will not be responsible or liable for any loss, damage, or other liabilities incurred as a result of doing business with such third parties. You assume the sole risk of loss and liability in doing business with any third parties linked to this website. f you ever have a complaint against such third party, you should contact such third party directly regarding your issue.

 

CONTENT AND USER CONTENT

The Nursery website, in its entirety, is the sole property of Nursery or its licensors, suppliers, publishers, rightsholders, or other providers. The Nursery Services may contain information, data, text, graphics, photographs, videos, audio clips, written posts and comments generated, provided, or otherwise made accessible on or through the Nursery Services (collectively, “Content”) provided by us or our licensors, suppliers, publishers, rightsholders, or other providers. Content may be protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Nursery Services. Subject to these Terms and Conditions of Use, we grant you as a user of the Nursery Services a worldwide, non-exclusive, non-sublicensable and non-transferable license to use (i.e., to download and display locally) Content solely for purposes of using the Nursery Services. Use, reproduction, modification, distribution or storage of any Content for other than purposes of using the Nursery Services is expressly prohibited. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third party right. We do not guarantee that any Content you access on or through the Nursery Services is or will continue to be accurate.

All information, data, text, photographs, videos, audio clips, written posts and comments added, created, uploaded, submitted, distributed, or posted to the Nursery Services by users (collectively “User Content”), whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content. You represent that all User Content provided by you is accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations. By submitting User Content through the Nursery Services, you hereby do and shall grant us a worldwide, non-exclusive, perpetual, royalty-free, fully paid, sublicensable and transferable license to use, edit, modify, truncate, aggregate, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Content in connection with the our website, the Nursery Services and our businesses, and including after your termination of your account or the Nursery Services. You also hereby do and shall grant each user of the Nursery website and/or the Nursery Services a non-exclusive, perpetual license to access your User Content through the Nursery website and/or the Nursery Services, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Content, including after your termination of your account or the Nursery Services. You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights.

You shall not (and shall not permit any third party to) either take any action or upload, download, post, submit or otherwise distribute or facilitate distribution of any Content or User Content on or through the Nursery Services that: (i) infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty; (ii) you know is false, misleading, untruthful or inaccurate; (iii) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, or is otherwise inappropriate as determined by us in our sole discretion; (iv) constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”); (v) contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of ours or of any third party; (vi) impersonates any person or entity, including any of our employees or representatives; or (vii) includes anyone’s identification documents or sensitive financial information.

You acknowledge that all Content and User Content accessed by you using the Nursery Services is at your own risk and you will be solely responsible for any resulting damage or loss to you or any other party. We reserve the right to, but do not have any obligation to: remove, edit or modify any Content or User Content in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or User Content or if we are concerned that you may have violated these Terms and Conditions of Use), or for no reason at all; and to remove or block any Content or User Content from the Nursery Services.

 

INDEMNIFICATION

You shall defend, indemnify, and hold harmless us, our affiliates, each of our and their respective employees, contractors, directors, suppliers and representatives and each of our and their licensors, suppliers, publishers, rightsholders, or other providers from all liabilities, claims, and expenses, including reasonable attorneys fees, that arise from or relate to your User Content, or your violation of these Terms and Conditions of Use. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses.

 

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

NEITHER NURSERY NOR ANY OF ITS SUPPLIERS (INCLUDING PLANTT CORPORATION) MAKES ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WARRANTIES OF FITNESS OR MERCHANTABILITY, REGARDING ANY PRODUCT OR SERVICE PURCHASED FROM NURSERY AND NURSERY SPECIFICALLY DISCLAIMS ANY AND ALL SUCH WARRANTIES.

IN CONNECTION WITH ANY PRODUCT OR SERVICE PURCHASED FROM NURSERY, NURSERY SHALL NOT, IN ANY EVENT, BE LIABLE FOR DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, IN AN AMOUNT GREATER THAN THE ORIGINAL PURCHASE PRICE OF THE PRODUCT OR SERVICE. THE REMEDIES SET FORTH IN THESE TERMS AND CONDITIONS OF USE CONSTITUTE THE SOLE AND EXCLUSIVE REMEDIES AVAILABLE TO YOU.

THE NURSERY SERVICES AND ALL CONTENT, USER CONTENT, AND ANY INFORMATION, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE NURSERY SERVICES ARE PROVIDED BY NURSERY ON AN "AS IS" AND "AS AVAILABLE" BASIS. NEITHER NURSERY NOR ANY OF ITS SUPPLIERS (INCLUDING PLANTT CORPORATION) MAKES ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE NURSERY SERVICES, OR THE CONTENT, USER CONTENT OR ANY INFORMATION, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE NURSERY SERVICES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE NURSERY SERVICES IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY LAW, NURSERY AND ITS SUPPLIERS (INCLUDING PLANTT CORPORATION) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NEITHER NURSERY NOR ANY OF ITS SUPPLIERS (INCLUDING PLANTT CORPORATION) WARRANTS THAT THE NURSERY SERVICES, CONTENT, USER CONTENT, OR OTHER INFORMATION, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE NURSERY SERVICES, NURSERY'S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM NURSERY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

TO THE FULL EXTENT PERMISSIBLE BY LAW, NEITHER NURSERY NOR ANY OF ITS SUPPLIERS (INCLUDING PLANTT CORPORATION) WILL BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY NURSERY SERVICE, OR FROM ANY CONTENT, USER CONTENT, OR ANY INFORMATION, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY NURSERY SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

 

APPLICABLE LAW

By using any Nursery Service, you agree that the laws of the state of the headquarters of Nursery, without regard to principles of conflict of laws, will govern these Terms and Conditions of Use and any dispute of any sort that might arise between you and Nursery.

 

MODIFICATION, WAIVER, SEVERABILITY, INTEGRATION, AND BUSINESS ACCOUNTS

We reserve the right to make changes to our website and these Terms and Conditions of Use at any time. Your continued access or use of the Nursery Services constitutes your acceptance of the changes. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. If any provision of these Terms and Conditions of Use 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. These Terms and Conditions of Use, the Refund Policy and the Privacy Policy set forth the entire understanding and agreement between you and Nursery and supersede all prior understandings and agreements of the parties. If you create or use an account on behalf of a business entity, you represent that you are authorized to act on behalf of such business and bind the business to these Terms and Conditions of Use. Such account is owned and controlled by the business entity. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms and Conditions of Use.

 

COMPLAINTS

If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.

 

OUR ADDRESS

The Greenery

742 East Olive Avenue

Turlock, CA 95380