Welcome to the DangerousPlants.com Web site
(hereinafter "DangerousPlants.com" or the "Site"). The following terms and
conditions and any other policies, notices, rules, or guidelines posted on
the Site shall govern your use of the Site. IF YOU VISIT OR SHOP AT
DangerousPlants.com, YOU ACCEPT THESE TERMS AND CONDITIONS. Please read all Terms and Conditions before using this
Site or purchasing any of the products. By accessing, browsing, and using
this Site, you acknowledge that you have read, understood, and agree to
comply with all Terms and Conditions. If you do not agree to all of the
following Terms and Conditions of use, please leave our Site now. We
reserve the right to revise and update these Terms and Conditions at any
time in the future without notice to you so please check back from time to
time. Your continued use of this Site any changes have been made
constitutes your acceptance of the changes to the Terms and Conditions.
1. Electronic
Communications.
When you visit DangerousPlants.com, purchase
products or services through the Site, or instigate contact with our
customer service department, you are communicating with us electronically.
We will also communicate with you via email or by posting notices on and
updates to the Site. By using the Site, you hereby 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.
2. Privacy.
Please review our posted
Privacy Policy to understand our uses and practices
about how we use and collect information from users of this Site.
3.
Intellectual Property.
All content included on this site, such as text, graphics, logos, button icons, images, audio clips,
digital downloads, (the "Content"), is the property of DangerousPlants.com and
protected by United States and international copyright laws, trademark law,
and trade secret law, as well as other state, federal and international
laws and regulations. All software used on
this site is the property of DangerousPlants.com or its
software suppliers and protected by United States and international copyright laws. Except
as expressly provided in these Terms and Conditions, we do not
grant any rights to you under any patents,
copyrights, trademarks or trade secret information. Under no circumstances will DangerousPlants.com be
liable in any way for any Content, including, but not
limited to, for any errors or omissions in any
Content, or for any loss or damage of any kind incurred as
a result of the use of any Content made available via
the Site. You agree that you must evaluate, and bear all risks associated
with, the use of any Content, including any reliance on the accuracy,
completeness, or usefulness of such Content.
4. Account Maintenance.
By using this site, you represent that you will be
responsible for maintaining the confidentiality of your account and
password and for restricting access to your computer. You also agree to be
responsible for any and all activities that occur under your password or
your account. DangerousPlants.com will not be responsible for any loss or
damage arising from your failure to comply with your responsibilities and
obligations under these Terms and Conditions. If you are under 18, you may
use the Site only with involvement of a parent or guardian. To purchase
any products or use the services on this Site, you must open an account
with us and/or provide the required information to us. By entering any
information on this Site, you represent and warrant that: (i) you are at
least 18 years of age; (ii) you are using your actual identity; (iii) you
have provided only true, accurate, current and complete information; and
(iv) you will maintain and promptly update the information that you
provide to keep it true, accurate, current and complete.
5. Termination.
If you wish to cancel a username or password, or if you become aware of any loss,
theft or unauthorized use of a username or password, you must notify us
immediately. We reserve the right to delete or change any username or
password at any time and for any reason. We may suspend or terminate your
account or your use of this Site at any time, for any reason or for no
reason at all. You are personally liable for any orders that you place or
charges that you incur prior to termination. We reserve the right to
change, suspend, or discontinue all or any aspects of this Site at any
time without prior notice.
6. Product Description.
DangerousPlants.com attempts to be as accurate as possible
with our product descriptions. However, DangerousPlants.com does not
warrant that product descriptions or other content of this
site is accurate, complete, reliable, current, or error-free. If a
product offered is not as described, your sole remedy is to return it
in healthy condition for a refund. PRICES AND AVAILABILITY OF THE
PRODUCTS AND SERVICES LISTED ON THIS SITE ARE SUBJECT TO CHANGE WITHOUT
NOTICE. The listing, description of, or reference to, a product or
service on this Site does not imply that the product or service is
presently available. All orders of products or services are subject to
prevailing law, including, as appropriate, export and import regulations
and boycotting restrictions, if any, imposed by governing bodies having
jurisdiction over such orders, products or services.
7. Terms of limited warranty.
April 1 through October 1st,
DangerousPlants.com warrants to the original customer purchasing products
from the Site that all such products sold will arrive healthy and in good
condition. Any claim alleging that any product fails to conform to the
foregoing warranty may be made in writing via email immediately upon
delivery. DangerousPlants.com shall have no liability thereafter.
DangerousPlants.com, at its option, will replace, or provide a credit or
refund of the original purchase price only. This Limited Warranty covers
only damage arising from shipping and does not include failures resulting
from incorrect unpacking or handling.
October 1st through April 1st,
DangerousPlants.com warrants to the original customer purchasing products
from the Site that all such products sold will leave our location healthy
and in good condition. We can not be held accountable for the weather en
route to your area and DangerousPlants.com shall have no liability
thereafter.
8. Shipping Charges
are Estimates.
These charges are estimates due to many variable
factors (product weight, distance to your location, etc.) and
actual charges will be billed at cost. You will be
advised of the actual charge after submitting your order.
9. Disclaimer of Warranties and
Limitation of Liability.
ALL DISPUTES ARISING OUT OF OR RELATED TO THE LIMITED WARRANTIES SET
FORTH HEREIN (CUSTOMER DISPUTES) SHALL BE GOVERNED BY THE LAWS OF THE STATE OF
VIRGIVIA. CLAIMS AGAINST DangerousPlants.com FOR SHORTAGES SHALL BE DEEMED WAIVED IF NOT MADE
WITHIN ONE (1) BUSINESS DAY AFTER RECEIPT OF THE SHIPMENT. WE WILL NOT
BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE
OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL,
PUNITIVE, AND CONSEQUENTIAL DAMAGES. YOU EXPRESSLY AGREE THAT USE
OF THIS SITE IS AT YOUR SOLE RISK, AND THAT ANY CONTENT
AVAILABLE ON THIS SITE, ARE PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS.
WE DO NOT REPRESENT OR WARRANT THAT THIS
SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS, IF ANY,
WILL BE CORRECTED, OR THAT THIS SITE IS FREE OF VIRUSES OR
OTHER HARMFUL COMPONENTS; NOR DO WE MAKE ANY REPRESENTATIONS OR
WARRANTIES ABOUT THE ACCURACY, RELIABILITY, CURRENCY, QUALITY, PERFORMANCE
OR SUITABILITY OF THIS SITE OR ANY CONTENT AVAILABLE ON THIS SITE.
10. Indemnification.
You agree to indemnify and hold us harmless from any claim,
action, demand, loss or damages (including attorneys' fees) arising out of
or related to your use of this Site, any purchases you make on or through
this Site, Content you post or transmit on this Site, any violation of
these Terms and Conditions by you, or any violation of any rights of any
person or entity by you.
11. Choice of Law; Venue.
These Terms and Conditions shall be governed by and
construed in accordance with the laws of the State of Virginia, without
regard to its conflict or choice of law provisions. Customer acknowledges
and agrees that Virginia is an appropriate place for venue of any
litigation and that Virginia courts have jurisdiction over this agreement
and customer. In the event the customer and are unable to resolve any
customer dispute, and any collection action, suit or other judicial
proceeding is commenced, the prevailing party in any such collection
action, suit or judicial proceeding shall be entitled to recover its costs
and reasonable attorneys fees incurred.
12. Entire agreement.
These terms and
conditions, including those on the face hereof, constitute the entire
agreement with regard to this sale and expressly supersede and replace any
prior or contemporaneous agreements, whether written or oral, relating to
said sale, including any terms and conditions on any of customer's
documents or purchase orders. This agreement shall be binding upon the
heirs, successors and assigns of the parties hereto. If any provision of
this agreement shall be held to be invalid or unenforceable, the remainder
of this agreement shall remain in full force and effect.
13. Terms and Conditions.
This sale is subject to the terms and conditions stated herein, which are in lieu of and replace any and all
terms and conditions set forth in any documents issued to customer or by
customer, including, without limitation, purchase orders and
specifications. In case of conflict between the terms and conditions
stated here and those on the face hereof, those on the face hereof shall
control. ANY ADDITIONAL, DIFFERENT OR CONFLICTING TERMS AND CONDITIONS
ON ANY SUCH DOCUMENT ISSUED BY CUSTOMER AT ANY TIME ARE HEREBY OBJECTED TO
BY DangerousPlants.com, AND ANY SUCH DOCUMENT SHALL BE WHOLLY INAPPLICABLE TO
ANY SALE MADE HEREUNDER AND SHALL NOT BE BINDING IN ANY WAY ON
DangerousPlants.com.
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