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Terms and Conditions
Premiumplantplugs.com’s “Terms and Conditions of Use”
(last revised: 10/13/2009)
Premiumplantplugs.com, dba Cimarron Creek Nursery, Cimarron Creek Farms or Premiumplantplugs.com, its owners, operators, employees and affiliates (the totality, any or all of which are also referred to singly or collectively as “we”, “us” & “our site” in this document) provide an ecommerce site for the general public to purchase plant plugs and related items.
Your use of our site is subject to following Terms and Conditions of Use. The terms “you”, “your” and “yourself” each refer to the person who logs in as a user of premiumplantplugs.com or as a purchaser of products sold on premiumplantplugs.com. They also apply to a person who visits the site and views its content but is not logged into a registered account.
Visiting the site as a guest, making an online purchase or registering an account constitute a legal agreement made between you and premiumplantplugs.com and indicates that you agree to our terms and conditions of use. If you do not agree with the terms and conditions of use, you should leave our site and not visit our site in the future.
We also reserve the right to make changes to these terms and conditions at any time. Your continued presence on the site constitutes your acceptance of such changes. For this reason, you should periodically review these terms and conditions. We will attempt to make any changes easy to find by utilizing a new font color and a side note with the date of the revision.
1. USER CONDUCT
In your use of our Service, you agree to act responsibly in a manner demonstrating the exercise of good judgment. For example and without limitation, you agree not to:
1-a. violate any applicable law or regulation,
1-b. infringe the rights of any third party, including without limitation, intellectual property, privacy, publicity or contractual rights,
1-c. use the information available through our site for any unauthorized purpose,
1-d. interfere with or damage our site, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology, including methods that in any way reproduce or circumvent the navigational structure or presentation of the site or its contents,
1-e. use our site to transmit, distribute, post or submit any private information concerning any other person, including without limitation, photographs of others (without permission), personal contact information or credit, debit, calling card or account numbers,
1-f. use our site in connection with the distribution of unsolicited commercial email (spam) or unpaid unauthorized advertisements,
1-g. use our site for any commercial purpose whatsoever (without authorization from us),
1-h. impersonate any person or entity,
1-i. remove any copyright, trademark or other proprietary right notices contained in the site, or
1-j. modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of our site or any software used on or for the site
You agree not to provide or otherwise post your financial information (for example, your credit card or bank account information) to any area of our site other than at secure checkout, when you are making a purchase. In no event shall we be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of premiumplantplugs.com, including without limitation, bodily injury, emotional distress, business losses, financial losses and/or any other damages resulting from your activity on premiumplantplugs.com.
2. PRIVACY
Use of our website is also governed by our privacy policy which can be viewed here. Our privacy policy is a part of our terms and conditions.
3. MINORS
Our website is in general intended for persons 18 years or older but we do not verify ages on our site. Those under 18 must have a parent or guardian’s permission to use our site or to make a purchase. Children under 13 are not allowed to use our site.
4. PRICE
The general use of our site is free. There are also products, and may be services or features on the site that can be purchased for a fee but it is always made very clear that those items require a payment.
5. USER CONTENT
In the future, submitting user content may be added as a feature of our site. In that event, by submitting any content (including without limitation, your photograph or photographs which include others) to our site, you represent and warrant to us that the content, including your photographs, are posted by you and that you are the exclusive author of the content, and use of your content by us will not infringe or violate the rights of any third party.
You are solely responsible for any content that you submit post or transmit via our site. You agree not to post or submit any content that:
5-a. is libelous, defamatory or slanderous,
5-b. contains sexually explicit content (including nudity),
5-c. may denigrate any ethnic, racial, gender, sexually oriented or religious group by stereotypical depiction or otherwise, including by promoting racism, bigotry, hatred or physical harm of any kind against any group,
5-d. exploits images or the likeness of individuals under 18 years of age including in a sexual or violent manner, or solicits personal information from anyone under the age of 18,
5-e. makes use of offensive language or images or is otherwise patently offensive to the online community,
5-f. harasses or advocates harassment of another person,
5-g. makes threatening statements about others including government and public figures,
5-h. involves the transmission of "junk mail", "chain letters" or unsolicited mass mailing or spam,
5-i. promotes an illegal or unauthorized copy of another person's copyrighted work,
5-j. characterizes violence as acceptable, glamorous or desirable,
5-k. contains any illegal material or any material that infringes or violates another party's rights (including without limitation intellectual property rights and rights of privacy and publicity),
5-l. provides instructional information about illegal activities such as making or buying illegal weapons, obtaining or growing illegal or controlled plant materials, violating someone's privacy, or providing or creating computer viruses,
5-m. solicits passwords or personal identifying information for commercial or unlawful purposes from other users,
5-n. provides or promotes inaccurate, misleading or false information, or
5-o. engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.
We have no obligation to post any content that you or anyone else submits. In addition, we may, in our sole and unfettered discretion, edit, remove or delete any content that you post or submit.
The foregoing is a partial list of the kind of content that is illegal or prohibited on our premiumplantplugs.com. We reserve the right to investigate and take appropriate legal action in our sole discretion against anyone who violates this Section, including without limitation, removing the offending communication from our site and terminating the violator's access.
6. NON-COMMERCIAL USE
Premiumplantplugs.com is for your personal use only and may not be used in connection with any commercial endeavors without prior approval. Organizations, companies, businesses and/or their employees should not use our site to post advertising without prior permission. We reserve the right to delete any posts we perceive as unapproved commercial advertisements. Illegal and/or unauthorized uses of the our site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to our site may be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive remedy. Use of our site is with our permission, which may be revoked at any time, for any reason, in our sole discretion.
7. UNSOLICITED IDEA SUBMISSION POLICY.
We welcome your comments and feedback about our site. However, premiumplantplugs.com does not accept or consider unsolicited submissions concerning its business or operations, including, but not limited to, original ideas for new promotions, advertising campaigns, contests or sweepstakes, products, services, technologies, materials, processes, marketing plans or new product or service names. Please do not send us such submissions. The purpose of this policy is to avoid potential misunderstandings or disputes when premiumplantplugs.com’s services, products or marketing strategies appear similar to ideas that have been submitted.
8. THIRD PARTY CONTENT
In your use of our site, you may access content from third parties ("Third Party Content"), either via our site or through links to third party web sites. We do not control Third Party Content and make no representations or warranties about it. You agree that by using our site, you may be exposed to Third Party Content that is false, offensive, indecent or otherwise objectionable. Under no circumstances will we be liable in any way for any Third Party Content, including, without limitation, any errors or omissions in any Third Party Content or any loss or damage of any kind incurred as a result of the use of any Third Party Content posted, stored or transmitted via our site. You agree that you must evaluate, and bear all risks associated with Third Party Content, including without limitation, claims made by companies who advertise on our site. In the event that you find any links on our site which lead to Third Party Content which is in any way objectionable, please contact us about it and we will attempt to remedy the situation.
9. PROPRIETARY RIGHTS
You agree that all content and materials available on our site are protected by either our rights, or the rights of our licensors, of publicity, copyright, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. Except for that information which is in the public domain or for which you have been given express written permission by us, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from materials or content available on our site. Notwithstanding the above, you may use the content and materials on our site in the course of your normal, personal, non-commercial use of our service.
You also agree not to systematically retrieve data or other content or any materials from our site to create or compile, directly or indirectly, a collection, compilation, database, directory or the like, whether by manual methods, through the use of "bots" or otherwise. You agree not to use of any of our trademarks as metatags on other web sites. You agree not to display any of our site in a frame (or any of our content via in-line links) without our express written permission, which may be requested by contacting us. You may, however, establish ordinary links to the homepage and other sections of our site without our written permission.
10. PERMITTED USE
You may make a single copy of articles, posts, comments or other portions of content published on this site on your hard drive or in print for your own personal, non-commercial use.
11. USERNAME AND PASSWORD
If you elect to register an account with premiumplantplugs.com, you will select a username and password. You are solely and fully responsible for maintaining the confidentiality of your username and password, and are solely and fully responsible for all activities that occur under your username and password. You agree to: (a) immediately notify us of any unauthorized use of your username and password or any other breach of security, (b) ensure that you log off from your account at the end of each session and (c) create a username and password that aren’t easily guessed or decrypted and are dissimilar to usernames and passwords that you have to other accounts on other sites, especially sites where unauthorized access could lead to financial loss. We cannot and will not be liable for any loss or damage arising from your failure to comply with the terms of this section.
12. TERMINATION
You agree that we, in our sole discretion, may terminate your access to our site for any reason, including, without limitation, your breach of any of our Terms and Conditions of Use. You agree that any termination of your access to premiumplantplugs.com may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in such accounts and/or bar any further access to such files or our site. Further, you agree that we will not be liable to you or any third party for any costs or damages of any kind for or resulting from any termination of your access to our site. If we terminate your access because you have breached any of our Terms and Conditions of Use, you will not be entitled to any compensation whatsoever. To voluntarily terminate your access to the premiumplantplugs.com at any time simply send an email to service@premiumplantplugs.com requesting that your account be deleted and we will delete it within 24 hours.
13. DISCONTINUANCE OF SERVICE
We reserve the right at any time to modify or discontinue, temporarily or permanently, any portion of our site without prior notice. You agree that we will not be liable to you or to any third party for any modification or discontinuance of our site.
14. BLOCKING OF IP ADDRESSES
In order to protect the integrity of our site, premiumplantplugs.com reserves the right at any time in our sole discretion to block users from certain IP addresses or under certain account names, from accessing our site.
15. REPRESENTATIONS AND WARRANTIES
You hereby represent and warrant to us that: (a) that you have the full power and authority to enter into and perform under these Terms and Conditions of Use, (b) your use of our service will not infringe the copyright, trademark, right of publicity or any other legal right of any third party, (c) you will comply with all applicable laws in using our site and in engaging in all other activities arising from, relating to or connected with these Terms, and (d) you own or otherwise have all rights necessary to license the content you submit and that the posting and use of your content by us will not infringe or violate the rights of any third party.
16. DISCLAIMER OF WARRANTIES
When accessing premiumplantplugs.com, you must agree to all of the following:
A. You use our site at your own risk. Our services on our site are provided on an “as is”: and an “as available” basis. We expressly disclaim all warranties of any kind, whether express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose and non-infringement, the only exception being guarantees on products which you purchase from us as described in our returns policy.
B. We do not warrant that our site will meet your requirements, that our service will be uninterrupted, timely, secure or error free or that any information that you may obtain from our service will be accurate and reliable. We do not warrant that the quality of any products, services, information or other material purchased or obtained by you through our site will meet your expectations, except as outlined in our returns policy. We are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the internet or at any website or combination thereof, including injury or damage to user’s or to any other person’s computer related to or resulting from participating or downloading materials in connection with the web and/or in connection with our site. Under no circumstances will we or any of our affiliates, advertisers, promoters, or distribution partners be responsible for any loss or damage, including personal injury or death, resulting from anyone’s use of our site, or any content posted on our site or transmitted to users.
C. If you access or transmit any content or comments to or through premiumplantplugs.com you do so at your own discretion and your sole risk. You are solely responsible for any loss or damage to you in connection with your activities on our site. We are not responsible for any incorrect or inaccurate content posted on our site or in connection with the site, whether caused by users of the site or by any of the equipment or programming associated with or utilized by our site. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user communications.
D. No data, information or advice obtained by you in oral or written form from us or through or from our site will create any warranty not expressly stated in these terms.
E. Cultural requirements, growing instructions or other instructions associated with plants or products purchased at premiumplantplugs.com are utilized at your own discretion and your sole risk. Even among authorities on these plants or items there may be disagreement on water requirements, light requirements, pH requirements, soil requirements, fertilizer requirements, methods of assembly, and/or other information related to the plants and products available for purchase at premiumplantplugs.com. There is a wealth of information about these plants and products in books, magazines, other media and the internet, some of it contradictory. It is up to the purchaser to validate any such information or instructions found on our site with other sources to determine the best course of action when it comes to locating, planting, caring for, assembling, maintaining or otherwise utilizing or using any item purchased on our site or obtained elsewhere.
17. LIMITS ON LIABILITY
A. You agree that we will not be liable for any damages whatsoever, including direct, indirect, incidental, special, consequential or exemplary damages (even if we have been advised of the possibility of such damages), arising from, relating to or connected with: (1) The use or the inability to use our site, (2) the cost of replacement of any goods, services or information purchased or obtained as a result of any information obtained from our site, (3) disclosure of, unauthorized access to or alteration of your content, (4) statements, conduct or omissions of any service providers or other third party on our site or (5) any other matter arising from, relating to or connected with our site or these Terms and Conditions of Use.
B. We will not be liable for any failure or delay in performing under these terms where such failure or delay is due to causes beyond our reasonable control, including natural catastrophes, governmental acts or omissions, laws or regulations, terrorism, labor strikes or difficulties, communications systems breakdowns, hardware or software failures, transportation stoppages or delays or the inability to procure supplies, materials or products.
C. In no event will our aggregate liability to you or any third party in any matter arising from, relating to or connected with our site or these Terms exceed the sum of one hundred ($100) dollars or the amount of your purchase, whichever is greater.
D. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the limitations of the sections “Disclaimer of Warranties” and “Limits on Liability” may not apply to you depending upon the jurisdiction in which you reside. It is your responsibility to know your local laws and ordinances and how they relate to these Terms and Conditions of Use.
18. INDEMNITY
You agree to defend, indemnify and hold us, and our subsidiaries, parents, affiliates, and each of our and their directors, officers, managers, members, partners agents and employees, harmless from any claim, demand, action, damage, loss, cost or expense, including without limitation, reasonable attorneys' fees, incurred in connection with any suit or proceeding brought against us arising out of your use of our site or alleging facts or circumstances that could constitute a breach by you of any provision of these Terms and/or any of the representations and warranties set forth above. If you are obligated to indemnify us, we will have the right, in our sole and unfettered discretion, to control any action or proceeding and determine whether we wish to settle it, and if so, on what terms.
19. COPYRIGHT POLICY
You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on our site in a way that constitutes copyright infringement, please click here and send us your notice of infringement by following the instructions provided.
20. LINKS
We may provide, or third parties may provide, links to other World Wide Web sites or resources. Because we have no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such content, goods or services available on or through any such site or resource.
21. STATE TAXES
It is the purchaser’s responsibility to know and understand the tax code of the state in which they reside and whether or not they owe a sales tax, use tax or any other taxes or fees, to their particular state or local government that is assessed or required with out-of-state purchases online. It is the purchaser’s responsibility to remit any such taxes or monies to the appropriate organization, authority or government office. By using our site and/or making purchases on our site, you acknowledge that premiumplantplugs.com is in no way responsible for collecting or remitting any such taxes. Because premiumplantplugs.com is located in Okmulgee County in the State of Oklahoma, any purchaser of goods or services on our site who resides in Oklahoma will be required to pay an additional 5.5% of the sales total (not including shipping), which will be remitted to the Oklahoma Tax Commission.
22. DISPUTE RESOLUTION
All disputes arising out of or relating to these Terms and Conditions of Use or your use of our site will be exclusively resolved in state court located in Okmulgee County, Oklahoma or in Federal Court located in Muskogee County, Oklahoma to enforce these Terms or prevent an infringement of a third party's rights. Each party hereby irrevocably submits to the personal jurisdiction of these courts.
23. MISCELLANEOUS
These Terms and Conditions of Use shall be interpreted in accordance with the laws of the State of Oklahoma without reference to conflict of law principles. These Terms contain the entire understanding of the parties regarding their subject matter, and supersede all prior and contemporaneous agreements and understandings between the parties regarding their subject matter. No failure or delay by a party in exercising any right, power or privilege under these Terms shall operate as a waiver thereof. The invalidity or unenforceability of any of these Terms shall not affect the validity or enforceability of any other of these Terms, all of which shall remain in full force and effect.