Terms and Conditions

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Acceptance of Terms & Conditions:  Please read these Terms & Conditions carefully. These Terms & Conditions govern your access and use of the GreenGeekPlants.com websites and mobile sites (collectively, the “Site”) as well as the provision and sale of products and services and/or its affiliates and/or fulfillment providers. By accessing or using this Site and its related software tools, applications or any other Green Geek Plant service, you agree to be bound by these Terms & Conditions and to any additional guidelines, restrictions, or rules that may be posted in connection with specific sections or services of this Site. All such additional posted guidelines, restrictions, or rules are hereby incorporated by reference into these Terms & Conditions. If your use of this Site on behalf of any business, organization, or other entity of any kind, you represent and warrant that you are authorized to accept these Terms & Conditions on its behalf and to bind such business, organization, or entity to these Terms & Conditions.  Every offer of a Green Geek Plant product and/or service on our Site as well as every transaction, order and agreement that is concluded through our Site is governed by our Terms. The applicability of any Terms & Conditions of the customer or any third party on behalf of the customer is expressly dismissed and shall not apply, even if Green Geek Plants has not specifically rejected them.  Green Geek Plants reserves the right to make changes to this Site and to these Terms & Conditions at any time without prior notice. You should review these Terms & Conditions each time you access this Site.  You also agree that we may provide all legal communications and notices to you electronically by posting them on our website or, at our election, by sending an e-mail to the e-mail address you provided to us when you registered at our website. You may withdraw your consent to receive communications from us electronically by contacting customer care. However, if you withdraw your consent to receive our communications electronically, you must discontinue your use of your account.

Copyrighted Materials for Limited Use:  This Site contains graphics, photographs, images, artwork, text, fonts, music, software tools, and other information (referred to herein as “Content”). This Site and all Content are the copyrighted property of Green Geek Plants or the copyrighted property of parties from whom Green Geek Plants has licensed such property. All rights in this Site and its Content are reserved worldwide. It is strictly prohibited to retain, copy, distribute, publish, or use any portion of the Content except as expressly allowed in these Terms of Use. Green Geek Plants reserves the right to add to, delete from, or modify any part of Content at any time without prior notice. Any modifications to Content, whether by You or Green Geek Plants remain the property of Green Geek Plants and its licensors. Green Geek Plants reserves the right to use all such elements and to make all such elements available for use by other parties in the future.  

Use of Site:  You are granted permission to access and use this Site and its Content for the sole purpose of ordering products or services solely through Green Geek Plants (referred to herein as “Products”). No other download, retention, use, publication, or distribution of any portion of the Content is authorized or permitted. Obtaining Products from Green Geek Plants does not entitle you to use any portion of Content apart from the finished Products as they are supplied by Green Geek Plants.  You agree to use this Site in a responsible manner that is in full compliance with these Terms of Use and with your local laws and regulations, including export and import regulations. Without limitation, no portion of Content may be utilized as a trademark or service mark, for any pornographic use, for any unlawful purpose or use, to defame any person, to violate any person’s right of privacy or publicity, to infringe upon any copyright, trade name, trademark, service mark or other intellectual property right of any person or entity. You agree that you will not use the Site to produce Products that are offensive, unlawful, harassing, libelous, threatening, harmful, obscene, malicious or otherwise objectionable. Green Geek Plants reserves the right, in Green Geek Plants' sole discretion, to refuse to accept any content provided by you to Green Geek Plants or to process any order at any time and for any reason. Green Geek Plants also may terminate its service to and/or the accounts of customers found to be using Green Geek Plants to engage in undesirable activities or otherwise violating these Terms of Use. You agree that Green Geek Plants shall have no liability of any kind to you or to any third party arising from such refusal or termination.  You agree that you are responsible for protecting your password and controlling access to your registered account. You agree that you will be responsible for all orders placed or other actions that are taken through your registered account.

INDEMNIFICATION:  You agree that you shall indemnify and defend Green Geek Plants and all parties from whom Green Geek Plants has licensed portions of Content, and their directors, officers, and employees, against all claims, liability, damages, costs and expenses, including reasonable legal fees and expenses.

Disclaimer of Warranty:  THE SITE AND ITS CONTENT ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO AND WARRANTIES OF MERCHANTABILITY.  YOU ACKNOWLEDGE THAT OPERATION OF THE SITE MAY NOT BE UNINTERRUPTED OR ERROR FREE. WHILE WE MAKE REASONABLE EFFORTS TO ACCURATELY DISPLAY THE ATTRIBUTES OF PRODUCTS, WE DO NOT WARRANT THAT PRODUCT DESCRIPTIONS ARE ERROR-FREE. REFERENCES AND LINKS TO PRODUCTS OR SERVICES OF INDEPENDENT COMPANIES MAY APPEAR ON THE SITE. THESE REFERENCES AND LINKS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED.  Green Geek Plants' Satisfaction Guarantee is good for 21 days following your purchase.  Certain circumstances are beyond Green Geek Plants' control and may not be covered by the Satisfaction Guarantee. Please note that we cannot be responsible for: Spelling, punctuation or grammatical errors made by the customer, inferior quality or low-resolution of uploaded images, errors in user-selected options such as choice of plant, planter or product type, and damage to the products arising after delivery to the customer.  Please preview your plant selection carefully and correct any mistakes prior to placing your order. Green Geek Plants does not proof order requests created by its customers prior to processing.

Limitation of Liability:  IN NO EVENT SHALL GREEN GEEK PLANTS OR ITS LICENSORS, SUPPLIERS, OR VENDORS, OR THE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS OF ANY OF THEM, BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR FOR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT GREEN GEEK PLANTS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGE, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SITE OR PRODUCTS OR SERVICES SOLD THEREON, OR OF FAILURE TO PROVIDE PRODUCTS OR SERVICES THAT YOU ORDER FROM GREEN GEEK PLANTS OR ITS AFFILIATES, INCLUDING WITHOUT LIMITATION, DAMAGES ARISING FROM MISTAKE, OMISSION, VIRUS, DELAY, OR INTERRUPTION OF SERVICE. IN NO EVENT SHALL GREEN GEEK PLANTS BE LIABLE OR RESPONSIBLE FOR ANY DAMAGES OR CONSEQUENCES ARISING FROM OR RELATED TO YOUR INAPPROPRIATE OR UNAUTHORIZED USE OF THIS SITE OR ITS CONTENT OR OUR SUPPLIED PRODUCTS OR SERVICES.

Site Feedback:  Any comments, suggestions, proposals or other feedback (collectively “Feedback Information”) provided to Green Geek Plants in connection with the operation or content of this Site shall be provided by the submitter and received by Green Geek Plants on a non-confidential basis. All such comments, suggestions, and other information shall become the exclusive property of Green Geek Plants. By submitting any such information to Green Geek Plants, you agree that you are transferring and assigning, at no charge, all of your right, title and interest in the information, including all copyrights and other intellectual property rights. You agree that Green Geek Plants shall be free to use such information on an unrestricted basis.

Governing Law:  The party you are contracting with and the seller of the products and services offered and sold on this Site is Green Geek Plants, LLC, a limited liability company organized under the laws of the United States of America with its headquarters in Maryland. All issues related to the protection, infringement, or misuse of copyrighted materials shall be governed by the copyright laws of the United States of America. All other matters relating to your access to or use of this Site shall be governed by the laws of the Maryland. Any legal action or proceeding relating to or arising from your access to or use of this Site shall be instituted in Maryland, the United States of America. You agree to submit to the jurisdiction of courts sitting in Maryland, the United States of America and agree that venue in these courts is proper in any such legal action or proceeding.