POLICIES
TERMS AND CONDITIONS
Welcome to the Cultivar Supply Co. web shop. Please review the following basic terms that govern your use of, and purchase of, products from our site. Please note that your use of our site constitutes your agreement to follow and be bound by those terms.
PRODUCTS, CONTENT AND SPECIFICATIONS
All features, content, specifications, products and prices of products and services described or depicted on this Web Site are subject to change at any time without notice. We make all reasonable efforts to accurately display the attributes of our products, including the applicable colors; however, the actual color you see will depend on your computer system and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products or services in this Web Site at a particular time does not imply or warrant that these products or services will be available at any time.
SHIPPING LIMITATIONS
When an order is placed, it will be shipping to an address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions contained on this Web Site. All purchases from this Web Site are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from this Web Site pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.
ACCURACY OF INFORMATION
We attempt to ensure that information on this Web Site is complete, accurate and current. Despite our best efforts, the information on this Web Site may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness and accuracy of any information on this Web Site. For example, products included on the Web Site may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on the Web Site. In addition, we may make changes in information about price and availability without notice. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer.
PRODUCT AVAILABILITY
Although availability may be indicated on our site, we cannot guarantee product availability or immediate delivery. We reserve the right, without liability or prior notice to revise, discontinue, or cease to make available any or all products or to cancel any order.
USE OF THIS WEB SITE
The Web Site design and all text, graphics, information, content, and other material displayed on or that can be downloaded from this Web Site are either the property of, or used with permission by, Cultivar Supply Co. and are protected by copyright, trademark and other laws and may not be used except as permitted in these Terms and Conditions or with the prior written permission of the owner of such material. You may not modify the information or materials located on this Web Site in any way or reproduce or publicly display, perform, or distribute or otherwise use any such materials for any public or commercial purpose. Any unauthorized use of any such information or materials may violate copyright laws, trademark laws, laws of privacy and publicity, and other laws and regulations. You are responsible for maintaining the confidentiality of your account information and password and for restricting access to such information and to your computer. You agree to accept responsibility for all activities that occur under your account or password.
COPYRIGHT & TRADEMARKS
Unless otherwise noted all materials, including images, illustrations, designs, icons, photographs, video clips, written and other materials that appear as part of this site are copyrights, trademarks, trade dress and/or other forms of intellectual property owned, controlled, and/or used under license or with other legal authority by Cultivar Supply Co. The site as a whole is protected by copyright and trademark, all worldwide rights, titles, and interest in and to which are owned by Cultivar Supply Co.
THIRD PARTY LINKS
From time to time, this Web Site may contain links to Web sites that are not owned, operated or controlled by us or our affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave this Web Site. Neither we nor any of our affiliates are responsible for any content, materials or other information located on or accessible from any other Web site. Neither we nor any of our affiliates endorse, guarantee, or make any representations or warranties regarding any other Web site, or any content, materials or other information located or accessible from such Web sites, or the results that you may obtain from using such Web sites. If you decide to access any other Web site linked to or from this Web Site, you do so entirely at your own risk.
USER INFORMATION
Other than personally identifiable information, which is subject to this Web Site’s privacy policy, any material, information, suggestions, ideas, concepts, know-how, techniques, questions, comments or other communication you transmit or post to this Web Site in any manner (“User Communications”) is and will be considered non-confidential and non-proprietary. We, each of our affiliates and/or our designees may use any or all User Communications for any purpose whatsoever, including, without limitation, reproduction, transmission, disclosure, publication, broadcast, development, manufacturing and/or marketing in any manner whatsoever for any or all commercial or non-commercial purposes.
PRIVACY
We automatically collect your IP address, but not your email address, when you visit our Site. We use your IP address to help diagnose problems with our server, and to administer our Site. We use SSL encryption and other methods to secure your data.
Our Site might use cookie and tracking technologies depending on the features offered. We may use cookies, web beacons (also known as “tracking pixels”) and other tracking technologies to collect information about you when you interact with our Web Site or emails, including information about your browsing and purchasing behavior. We may combine this information with other information we collect about you and use it for various purposes, such as improving our Web Site’s and your online experience, understanding which areas and features of our sites are popular, counting visits, understanding campaign effectiveness, tailoring our communications with you, determining whether an email has been opened and links within the email have been clicked and for other internal business purposes. Only anonymous, aggregate cookie and tracking information may be shared with third parties.
We collect your contact information (like email address) and financial information (like credit card numbers). Contact information from the order form is used to send orders and information about our company to you. Financial information that is collected is used to bill you for products and services. We use your mailing address to ship your products to you, and to verify your billing information.
Your personally identifiable information is kept secure. Only authorized employees, (who have agreed to keep information secure and confidential) have access to this information. All emails and newsletters from our Site will allow you to unsubscribe and opt out of future mailings. We may share information with governmental agencies and other entities assisting us in fraud prevention or other legal investigations. We may share information when: (1) permitted or required by law; or, (2) trying to protect against or prevent actual or potential fraud or unauthorized transactions; or, (3) investigating fraud which has already taken place.
USER COMMENTS, MATERIALS, FEEDBACK AND POSTCARDS
It is Cultivar Supply Co. policy not to accept or consider unsolicited creative ideas, suggestions, materials, or business proposals from persons or entities outside our company. If at our request you send certain specific submissions (for example, a photograph, or story), or if despite our request that you not send us unsolicited creative materials, you send us other suggestions, comments, feedback, ideas, postcards, opinions, concepts, graphics, text, drawings, or other materials (all of the foregoing, collectively, the “Materials”), all such Materials, submitted or offered to Cultivar Supply Co. on or by this Site or otherwise disclosed, submitted, or offered in connection with your use of this Site shall be and remain Cultivar Supply Co property. Such disclosure, submission, or offer of any Materials shall constitute an assignment to Cultivar Supply Co. of all worldwide rights, titles, and interests in all copyrights and other intellectual properties in the Materials. Thus, Cultivar Supply Co. 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 Materials. Cultivar Supply Co. is and shall be under no obligation (1) to maintain any Materials in confidence; (2) to pay to the user any compensation for any Materials; or (3) to respond to any user Materials.
DISCLAIMERS
Your use of this Web Site is at your risk. The materials and services provided in connection with this Web Site are provided “as is” without any warranties of any kind including warranties of merchantability, fitness for a particular purpose, or non-infringement of intellectual property. Neither we nor any of our affiliates warrant the accuracy or completeness of the materials or services on or through this Web Site. The materials and services on or through this Web Site may be out of date, and neither we nor any of their affiliates make any commitment or assumes any duty to update such materials or services. The foregoing exclusions of implied warranties do not apply to the extent prohibited by law. Please refer to your local laws for any such prohibitions.
All products and services purchased on or through this Web Site are subject only to any applicable warranties of their respective manufacturers, distributors and suppliers, if any. To the fullest extent permissible by applicable law, we hereby disclaim all warranties of any kind, either express or implied, including, any implied warranties with respect to the products and services listed or purchased on or through this Web Site. without limiting the generality of the foregoing, we hereby expressly disclaim all liability for product defect or failure, claims that are due to normal wear, product misuse, abuse, product modification, improper product selection, non-compliance with any codes, non-compliance with garment care instructions (including washing and drying), or misappropriation. We make no warranties to those defined as “consumers” in the Magnuson-Moss Warranty-Federal Trade Commission Improvements Act. The foregoing exclusions of implied warranties do not apply to the extent prohibited by law. Please refer to your local laws for any such prohibitions.
LIMITATIONS OF LIABILITY
We assume no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing this Web Site or your downloading of any materials, from this Web Site.
In no event will we, our respective officers, directors, employees, shareholders, affiliates, parent corporations, agents, successors, assigns, retail partners nor any party involved in the creation, production or transmission of this Web Site be liable to any party for any indirect, special, punitive, incidental or consequential damages (including, without limitation, those resulting from lost profits, lost data or business interruption) arising out of the use, inability to use, or the results of use of this Web Site, any web sites linked to this Web Site, or the materials, information or services contained at any or all such web sites, whether based on warranty, contract, tort or any other legal theory and whether or not advised of the possibility of such damages. The foregoing limitations of liability do not apply to the extent prohibited by law. Please refer to your local laws for any such prohibitions.
In the event of any problem with this Web Site or any content, you agree that your sole remedy is to cease using this Web Site. In the event of any problem with the products or services that you have purchased on or through this Web Site, you agree that your sole remedy, if any, is from the manufacturer of such products or supplier of such services, in accordance with such manufacturer’s or supplier’s warranty, or to seek a return and refund for such product or services in accordance with the returns and refunds policies posted on this Web Site.
REVISIONS TO THESE TERMS AND CONDITIONS
We may revise these Terms and Conditions at any time and from time to time by updating this posting. You should visit this page from time to time to review the then current Terms and Conditions because they are binding on you. Certain provisions of these Terms and Conditions may be superseded by expressly designated legal notices or terms located on particular pages at this Web Site.
CHOICE OF LAW; JURISDICTION
These Terms and Conditions supersede any other agreement between you and us to the extent necessary to resolve any inconsistency or ambiguity between them. These Terms and Conditions will be governed by and construed in accordance with the laws of the State of Arizona, without giving effect to any principles of conflicts of laws. A printed version of these Terms and Conditions shall be admissible in judicial and administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
TERMINATION
You or we may suspend or terminate your account or your use of this Web Site at any time, for any reason or for no reason. 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 aspect of this Web Site at any time without notice.