Conditions of Use
Welcome to HorticultureSource.com (also HorticulturalSource.com). This Site is provided by Usisu, Inc. (referred to throughout this Site as “HorticultureSource.com”) as a service to our customers. Please review the following basic rules that govern your use of the HorticultureSource.com site (the “Agreement”). Please note that your use of the HorticultureSource.com site, including the Link Exchange or other parts of the site (collectively, the “Site”) constitutes your unconditional agreement to follow and be bound by these Conditions of Use and the Shipping & Returns policy; And by registering to be a Vendor you agree to our Vendor Agreement. Although you may “bookmark” a particular portion of this Site and thereby bypass this Agreement, your use of this Site still binds you to these Terms of Use. HorticultureSource.com reserves the right to update or modify these Terms of Use at any time without prior notice to you. For this reason, we encourage you to review these Terms of Use whenever you use this Site.
The use of this site, and the terms and conditions for our providing information, is governed by this our Conditions of Use and the Shipping & Returns policy. By using this site, you acknowledge that you have read the Conditions of Use and Shipping & Returns policy and that you accept and will be bound by the terms thereof.
This site contains links to other Internet sites. Such links are not
endorsements of any products or services in such sites, and no
information in such
site has been endorsed or approved by Usisu, Inc. (the owner of
HorticultureSource.com and HorticulturalSource.com).
Use of this Site
By placing an order you accept our Shipping & Returns policy.
By
accepting these Conditions of Use through your use of the Site, you
certify that you are 18 years of age or older. If you are under the age
of 18 but at least 13 years of age you may use this Site only under the
supervision of a parent or legal guardian who agrees to be bound by
these Conditions of Use. HorticultureSource.com does not intentionally
collect personal information about children under the age of 13.
Children under the age of 13 may not use this Site other than for
browsing, and parents or legal guardians may not agree to these
Conditions of Use on their behalf. If you are a parent or legal guardian
agreeing to these Conditions of Use for the benefit of a child between
the ages of 13 and 18, be advised that you are fully responsible for his
or her use of this Site, including all financial charges and legal
liability that he or she may incur. If you do not agree to (or cannot
comply with) any of these terms and conditions, do not use this Site.
All billing and registration information provided must be truthful and
accurate. Providing any untruthful or inaccurate information may
constitute a breach of these Conditions of Use. By confirming your
purchase at the end of the checkout process, you agree to accept and pay
for the item(s) requested.
All materials, including images,
text, illustrations, designs, icons, photographs, programs, music clips
or downloads, video clips and written and other materials that are part
of this Site (collectively, the “Contents”) are intended solely for
personal, non-commercial use. You may download or copy the Contents and
other downloadable materials displayed on the Site for your personal use
only. No right, title or interest in any downloaded materials or
software is transferred to you as a result of any such downloading or
copying. You may not reproduce (except as noted above), publish,
transmit, distribute, display, modify, create derivative works from,
sell or participate in any sale of or exploit in any way, in whole or in
part, any of the Contents, the Site or any related software. All
software used on this Site is the property of HorticultureSource.com or
its suppliers and protected by U.S. and international copyright laws.
The Contents and software on this Site may be used only as a shopping
resource. Any other use, including the reproduction, modification,
distribution, transmission, republication, display, or performance, of
the Contents on this Site is strictly prohibited.
Third Party Sites
References
on this Site to any names, marks, products or services of third
parties, or hypertext links to third party sites or information are
provided solely as a convenience to you and do not in any way constitute
or imply HorticultureSource.com’s endorsement, sponsorship or
recommendation of the third party, its information, products or
services. HorticultureSource.com is not responsible for the practices or
policies of such third parties, nor the content of any third party
sites, and does not make any representations regarding third party
products or services, or the content or accuracy of any material on such
third party sites. If you decide to link to any such third party web
sites, you do so entirely at your own risk.
Security
Users
are prohibited from violating or attempting to violate the security of
the Site, including, without limitation, (a) accessing data not intended
for such user or logging onto a server or an account which the user is
not authorized to access; (b) attempting to probe, scan or test the
vulnerability of a system or network or to breach security or
authentication measures without proper authorization; (c) attempting to
interfere with service to any user, host or network, including, without
limitation, via means of submitting a virus to the Site, overloading,
“flooding,” “spamming,” “mailbombing” or “crashing;” (d) sending
unsolicited email, including promotions and/or advertising of products
or services; or (e) forging any TCP/IP packet header or any part of the
header information in any email or newsgroup posting. Violations of
system or network security may result in civil or criminal liability.
HorticultureSource.com will investigate occurrences that may involve
such violations and may involve, and cooperate with, law enforcement
authorities in prosecuting users who are involved in such violations.
You agree not to use any device, software or routine to interfere or
attempt to interfere with the proper working of this Site or any
activity being conducted on this Site. You agree, further, not to use or
attempt to use any engine, software, tool, agent or other device or
mechanism (including without limitation browsers, spiders, robots,
avatars or intelligent agents) to navigate or search this Site other
than the search engine and search agents available from
HorticultureSource.com on this Site and other than generally available
third party web browsers (e.g., Netscape Navigator, Microsoft Explorer).
Currency
The purchase currency is USD.
Orders
Please note that there may be certain orders that we are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. For your convenience, you will not be charged until your payment method is authorized, the order information is verified for accuracy and confirmed by you. Some situations that may result in your order being canceled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. If your order is canceled after your credit card has been charged, we will issue a credit to your credit card in the amount of the charge.
Export Policy
You acknowledge that the purchased goods
licensed or sold on the Site, which may include technology and software,
are subject to the customs and export control laws and regulations of
the United States of America and may also be subject to the customs and
export laws and regulations of the country in which the products are
manufactured and/or received. By purchasing goods, downloading or using
technology or software from the Site, you agree to abide by the
applicable laws, rules and regulations – including, but not limited to
the Export Administration Act – and you represent and warrant that you
will not transfer, by electronic transmission or otherwise, the software
or technology to a foreign national or a foreign destination in
violation of the law.
Copyrights and Trademarks
Unless
otherwise noted, all Contents are copyrights, trademarks, trade dress
and/or other intellectual property owned, controlled or licensed by
HorticultureSource.com, one of its affiliates or by third parties who
have licensed their materials to HorticultureSource.com and are
protected by U.S. and international copyright laws. The compilation
(meaning the collection, arrangement, and assembly) of all Contents on
this Site is the exclusive property of HorticultureSource.com and is
also protected by U.S. and international copyright laws.
HorticultureSource.com
and its suppliers and licensors expressly reserve all intellectual
property rights in all text, programs, products, processes, technology,
content and other materials which appear on this Site. Access to this
Site does not confer and shall not be considered as conferring upon
anyone any license under any of HorticultureSource.com’s or any third
party’s intellectual property rights.
The HorticultureSource.com
names and logos and all related product and service names, design marks
and slogans are the trademarks or service marks of Usisu, Inc. All other
marks are the property of their respective companies. No trademark or
service mark license is granted in connection with the materials
contained on this Site. Access to this Site does not authorize anyone to
use any name, logo or mark in any manner.
Paul Picone is the photographer of Images used by Osram Sylvania Inc.
User Reviews, Feedback, Submissions
All
reviews, comments, feedback, postcards, suggestions, ideas, and other
submissions disclosed, submitted or offered to HorticultureSource.com on
or by this Site or otherwise disclosed, submitted or offered in
connection with your use of this Site (collectively, the “Comments”)
shall be and remain HorticultureSource.com’s property. Such disclosure,
submission or offer of any Comments shall constitute an assignment to
HorticultureSource.com of all worldwide rights, titles and interests in
all copyrights and other intellectual properties in the Comments.
Thus,
HorticultureSource.com will own exclusively all such rights, titles and
interests and shall not be limited in any way in its use, commercial or
otherwise, of any Comments. HorticultureSource.com will be entitled to
use, reproduce, disclose, modify, adapt, create derivative works from,
publish, display and distribute any Comments you submit for any purpose
whatsoever, without restriction and without compensating you in any way.
HorticultureSource.com is and shall be under no obligation (1) to
maintain any Comments in confidence; (2) to pay to user any compensation
for any Comments; or (3) to respond to any user Comments. You agree
that any Comments submitted by you to the Site will not violate this
policy or any right of any third party, including copyright, trademark,
privacy or other personal or proprietary right(s), and will not cause
injury to any person or entity. You further agree that no Comments
submitted by you to the Site will be or contain libelous or otherwise
unlawful, threatening, abusive or obscene material, or contain software
viruses, political campaigning, commercial solicitation, chain letters,
mass mailings or any form of “spam”.
HorticultureSource.com does
not regularly review posted Comments, but does reserve the right (but
not the obligation) to monitor and edit or remove any Comments submitted
to the Site. You grant HorticultureSource.com the right to use the name
that you submit in connection with any Comments. You agree not to use a
false email address, impersonate any person or entity, or otherwise
mislead as to the origin of any Comments you submit. You are and shall
remain solely responsible for the content of any Comments you make and
you agree to indemnify HorticultureSource.com and its affiliates for all
claims resulting from any Comments you submit. HorticultureSource.com
and its affiliates take no responsibility and assume no liability for
any Comments submitted by you or any third party.
Colors
We have made every effort to display the colors of our products that
appear on the Site as accurately as possible. However, as the actual
colors you see will depend on your monitor, we cannot guarantee that
your monitor’s display of any color will be accurate. Manufacturers also
change colors so the item shipped may be a different color than what is
displayed.
Materials & Model Year Updates
We make every effort to get you the latest and newest products so
occasionally the image does not match the new model. Our suppliers
strive to keep their products up to date and current. Some items may be
altered in response to quality assurance and consumer and industry
demands. Manufacturers may change a wood handle to plastic for example
in an effort to insure the longevity of a product. Prices subject to
change by manufacturers without notice.
Indemnification
You agree to defend, indemnify and hold harmless HorticultureSource.com and its affiliates from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the Site or any breach by you of these Terms of Use.
Arbitration & Applicable Law
Using or accessing the HorticultureSource.com Site constitutes your acceptance of this Arbitration provision. Please read it carefully as it provides that you and HorticultureSource.com will waive any right to file a lawsuit in court or participate in a class action for matters within the terms of the Arbitration provision.
ALL DISPUTES ARISING OUT OF OR RELATED TO THESE TERMS OF USE OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND HorticultureSource.com, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION, OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY, AND YOU AGREE THAT HorticultureSource.com AND YOU ARE EACH WAIVING THE RIGHT TO SUE IN COURT AND TO HAVE A TRIAL BY A JURY. YOU AGREE THAT ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION. The arbitration will be administered by an arbitrator of HorticultureSource.com’s choosing at your expense.
These Terms of Use will be governed by and construed under the laws of the United States (including federal arbitration law) and the State of Washington, without regard to conflicts of law principles.
Termination
These
Conditions of Use are effective unless and until terminated by either
you or HorticultureSource.com. You may terminate this Agreement at any
time, provided that you discontinue any further use of this Site.
HorticultureSource.com also may terminate this Agreement at any time and
may do so immediately without notice, and accordingly deny you access
to the Site, if in HorticultureSource.com’s sole discretion you fail to
comply with any term or provision of this Agreement. Upon any
termination of the Agreement by either you or HorticultureSource.com,
you must promptly destroy all materials downloaded or otherwise obtained
from this Site, as well as all copies of such materials, whether made
under the Conditions of Use or otherwise. HorticultureSource.com’s right
to any Comments shall survive any termination of this Agreement.
Disclaimer
THE INFORMATION FROM OR THROUGH THIS SITE IS PROVIDED “AS-IS,” “AS AVAILABLE,” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION MAY CONTAIN ERRORS, PROBLEMS OR OTHER LIMITATIONS. OUR SOLE AND ENTIRE MAXIMUM LIABILITY FOR ANY INACCURATE INFORMATION, FOR ANY REASON, AND USER’S SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT PAID BY THE CUSTOMER FOR THE INFORMATION RECEIVED (IF ANY). WE ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE). WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. WE WOULD NOT PROVIDE THIS SITE AND INFORMATION WITHOUT SUCH LIMITATIONS. NO REPRESENTATIONS, WARRANTIES OR GUARANTEES WHATSOEVER ARE MADE AS TO THE ACCURACY, ADEQUACY, RELIABILITY, CURRENTNESS, COMPLETENESS, SUITABILITY OR APPLICABILITY OF THE INFORMATION TO A PARTICULAR SITUATION.
All responsibility and liability for any damages caused by viruses contained within the electronic files of
this site are disclaimed.
Limitation of Liability
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL USISU, INC., HORTICULTURESOURCE.COM/HORTICULTURALSOURCE.COM OR ANY OF ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE HORTICULTURESOURCE.COM WEB SITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF HORTICULTURESOURCE.COM HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL HORTICULTURESOURCE.COM BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THE SITE DURING THE SIX MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE.
General
This Agreement represents the complete agreement between the parties and supersedes all prior agreements and representations between them. Headings used in these Terms of Use are for reference purposes only and in no way define or limit the scope of the section. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the other terms of this Agreement shall remain in full force and effect. The failure of Usisu, Inc. (HorticultureSource.com) to act with respect to a breach of this Agreement by you or others does not constitute a waiver and shall not limit Usisu, Inc.’s (HorticultureSource.com’s) rights with respect to such breach or any subsequent breaches.
* In compliance with the law, we and our suppliers will not knowingly serve any entity involved in illegal plant cultivation.
See below for our contact information or email us at store (at) horticulturesource (•) com
Changes to the HorticultureSource.com Conditions of Use
The Conditions of Use was last updated on March 29, 2019. Please check this page periodically for changes.