TERMS OF SERVICE
Terms & Conditions of Use
Effective Date: May 15, 2020.
Who We Are
As used in this Agreement, and on the Site “the Company”, “plantsalon.com”, “Plant Salon”, “Site”, “We", “Our”, or “Us” refers to Nika Vaughan, LLC, d/b/a Plant Salon, with headquarters located at 957 North Ashland Avenue, Chicago, Illinois 60622. All content held on this website is the exclusive property of Nika Vaughan LLC.
In some instances, both these Terms and Additional terms elsewhere on the Company will apply to your use of the Company. To the extent there is a conflict between these Terms and any applicable Additional Terms, the Additional Terms will control unless they expressly state otherwise.
2.1 "Plant Salon" refers to the Plant Salon, and its respective affiliated companies, partners, officers, agents, employees, and subcontractors.
2.2 "Guest" refers to any website user, visitor, guest, or viewer accessing the Plant Salon website, online store, or any third party websites or social media profiles registered in its name.
2.3 “Service location” refers to locations or websites where services, classes, and products are available for viewing or purchase by
2.4 “Products” mean any tangible or digital goods that are offered for sale by Plant Salon.
2.5 “Services” mean any event, education, beauty, styling, or plant care services provided by Plant Salon
2.6 “Additional Services” means education, beauty, styling, or plant care services rendered at the discretion of Plant Salon.
2.7 “Travel Expenses” means any costs and fees incurred by Plant Salon for parking, valet, tollways, taxis, ride-sharing services, travel, or hotel lodging arrangements as part of providing services on-location for the guest.
2.8 “Guest Invoice” means an itemization receipt of costs and fees comprised of, but not limited to Services, Additional Services, Products, Travel Expenses incurred by Plant Salon, or any gratuities paid by Guest to Plant Salon.
2.9 "Transaction" shall apply to any attempted or completed sale for product, class materials, event ticket, or class registration.
2.10 "Online site" refers to the Plant Salon website, its online store, as well as any third party websites or social media profiles registered in its name.
2.11 “Additional terms” refers to separate terms stated elsewhere by the Company.
The Company contains:
3.1.1. materials and other items relating to Plant Salon and its products and services, and similar items from our licensors and other third parties, including all layout, information, databases, articles, posts, text, data, files, images, scripts, designs, graphics, instructions, illustrations, photographs, sounds, pictures, videos, advertising copy, URLs, technology, software, interactive features, the “look and feel” of the Company, and the compilation, assembly, and arrangement of the materials of the Company and any and all copyrightable material;
3.1.2. trademarks, logos, trade names, trade dress, service marks, and trade identities of various parties, including those of Plant Salon; and
3.1.3. other forms of intellectual property (all of the foregoing, collectively “Content”). All right, title, and interest in and to the Company and the Content is the property of Plant Salon or our licensors or certain other third parties, and is protected by U.S. and international copyright, trademark, trade dress, patent and/or other intellectual property and unfair competition rights and laws to the fullest extent possible.
3.2. Limited License.
Subject to your strict compliance with these Terms and any applicable Additional Terms, Plant Salon grants you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to download, display, view, use, and play the Content on a personal computer, browser, laptop, tablet, mobile phone, or other internet-enabled device (each, a “Device”), in each case for your personal, non-commercial use only. The foregoing limited license
3.2.1. does not give you any ownership of, or any other intellectual property interest in, any Content, and
3.2.2. may be suspended or terminated for any reason, in Plant Salon’s sole discretion, and without advance notice or liability. Your unauthorized use of the Content may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability.
Certain features of the Company may require you to register an account. When registering an account, you agree to:
3.3.1. provide true, accurate, current, and complete information;
3.3.2. maintain and update this information to keep it true, accurate, current, and complete;
3.3.3. protect and prevent unauthorized access to your account;
3.3.4. not transfer or share your account with any third party; and
3.3.5. immediately notify us of any suspected or actual unauthorized use of your account or breach of security. Please note that you are solely responsible for all activities that occur under your account, whether or not you authorized the activity, and we are not liable for any loss or damage to you or any third party arising from your failure to comply with any of the foregoing obligations.
The Company is intended for use by individuals 13 years of age or older. If you are under 18, you may use this Site only with involvement of a parent or guardian.
You may not:
3.4.1. use the Company or Content for any political or commercial purpose;
3.4.2. engage in any activity in connection with the Company or Content that is unlawful, harmful, offensive, sexually explicit, obscene, violent, threatening, harassing, abusive, falsely representative of your persona, invasive of someone else’s privacy, or otherwise objectionable to Plant Salon;
3.4.3. harvest any information from the Company or Content;
3.4.4. reverse engineer or modify the Company or Content;
3.4.5. repurpose or reproduce the Company or Content;
3.4.6. interfere with the proper operation of or any security measure used by the Company or Content;
3.4.7. infringe any intellectual property or other right of any third party;
3.4.8. use the Company or Content in a manner that suggests an unauthorized association or is beyond the scope of the limited license granted to you; or
3.4.9. otherwise violate these Terms or any applicable Additional Terms.
You agree to comply with all local, state, federal, national, foreign, supranational, and international laws, statutes, ordinances, regulations, treaties, directives, and agreements that apply to your use of the Company and Content.
For purposes of clarity, you may not repurpose, reuse, modify, reproduce, reverse engineer, or regenerate the Company or Content without Plant Salon’s explicit consent.
Plant Salon may suspend or terminate the availability of the Company and Content, in whole or in part, to any individual user or all users, for any reason, in Plant Salon’s sole discretion, and without advance notice or liability. Upon suspension or termination of your access to the Company, or upon notice from Plant Salon, all rights granted to you under these Terms or any applicable Additional Terms will cease immediately, and you agree that you will immediately discontinue use of the Company and Content.
3.6. Reservation of Rights.
All rights not expressly granted to you are reserved by Plant Salon and its licensors and other third parties. No right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise. Any unauthorized use of the Content or Service for any purpose is prohibited.
4. Disclaimer of Representations and Warranties.
THE COMPANY IS PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS" BASIS. NEITHER PLANT SALON NOR ANY OF ITS OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES OR AGENTS (COLLECTIVELY, THE "PLANT SALON PARTIES") MAKE ANY REPRESENTATIONS, WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER AS TO THE CONTENT OR OTHER SERVICES, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, OR ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE, INCLUDING THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND FREEDOM FROM COMPUTER VIRUS. BY ACCESSING OR USING THE SERVICE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE.
NOTWITHSTANDING THE FOREGOING, THESE DISCLAIMERS DO NOT EXCLUDE ANY PRODUCT LIABILITY CLAIMS, STATUTORY CONSUMER RIGHTS, DAMAGES ASSOCIATED WITH PERSONAL INJURY OR RESULTING FROM PLANT SALON INTENTIONAL MISCONDUCT, RECKLESSNESS, FRAUD, OR GROSS NEGLIGENCE.
5. Limitations of Our Liability.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE PLANT SALON PARTIES BE LIABLE TO YOU FOR ANY LOSS, DAMAGE OR INJURY OF ANY KIND INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE LOSSES OR DAMAGES, OR DAMAGES FOR SYSTEM FAILURE OR MALFUNCTION OR LOSS OF PROFITS, DATA, USE, BUSINESS OR GOOD-WILL, ARISING OUT OF OR IN CONNECTION WITH: (A) THE SERVICE, (B) THESE TERMS OR (C) YOUR MISUSE OF THE COMPANY OR ANY CONTENT AVAILABLE ON OR THROUGH THE COMPANY. THE LIMITATIONS SET FORTH IN THIS SECTION SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER THE ASSERTED LIABILITY OR DAMAGES ARE BASED ON CONTRACT, INDEMNIFICATION, TORT, STRICT LIABILITY, STATUTE OR ANY OTHER LEGAL OR EQUITABLE THEORY.
NOTWITHSTANDING THE FOREGOING, THESE DISLAIMERS HEREIN DO NOT EXCLUDE ANY PRODUCT LIABILITY CLAIMS, STATUTORY CONSUMER RIGHTS, DAMAGES ASSOCIATED WITH PERSONAL INJURY OR RESULTING FROM PLANT SALON INTENTIONAL MISCONDUCT, RECKLESSNESS, FRAUD, OR GROSS NEGLIGENCE.
You agree to defend, indemnify and hold harmless the Plant Salon Parties from and against any and all claims, liabilities, damages, losses, costs and expenses (including, reasonable attorneys’ fees and costs) arising out of or in connection with any of the following:
6.1 your breach or alleged breach of these Terms;
6.2 your Submissions;
6.3 your misuse of the Company;
6.4 your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental or quasi-governmental authorities;
6.5 your violation of the rights of any third party, including any intellectual property right, publicity, confidentiality, property or privacy right;
6.6 your use of a Third Party Service; or
6.7 any misrepresentation made by you. Plant Salon reserves the right to assume, at your expense, the exclusive defense and control of any matter subject to indemnification by you. You agree to cooperate with Plant Salon’s defense of any claim. You will not in any event settle any claim without the prior written consent of Plant Salon.
This provision does not require you to indemnify us for any unconscionable commercial practice by us or for our fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Company.
When you submit any unsolicited ideas, feedback, opinions, techniques, images, sounds, videos, or other content to us through or relating to the Company (“Submissions”), you grant us a non-exclusive, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, transferable and cost-free right and license to host, store, use, display, reproduce, modify, adapt, edit, combine with other materials, publish, distribute, create derivative works from, promote, exhibit, broadcast, syndicate, sublicense (including, without limitation, to third party media channels, platforms, and distributors), publicly perform, publicly display, and otherwise use and exploit in any manner whatsoever, or grant third parties the right to do any of the foregoing, all or any portion of your Submissions, for any purpose whatsoever in all formats, on or through any means or medium now known or hereafter developed, and with any technology or devices now known or hereafter developed, and to advertise, market, and promote the same. You further irrevocably grant us the right, but not the obligation, to use your name in connection with your Submissions. You also agree to waive any right of approval for our use of the rights granted herein and agree to waive any moral rights that you may have in any Submissions, even if it is altered or changed in a manner not agreeable to you. To the extent not waivable, you irrevocably agree not to exercise such rights in a manner that interferes with any exercise of the granted rights.
You understand that you will not receive any fees, sums, consideration, or remuneration for any of the rights granted in this Section. Our receipt of your Submissions is not an admission of their novelty, priority, or originality, and it does not impair our right to existing or future intellectual property rights relating to your Submissions. You waive any and all rights and claims in connection with our consideration, use, or development of any product, content, or other materials similar or identical to your Submission now or in the future.
You represent and warrant that you own or have the necessary rights, licenses, consents, and permissions to grant us the rights granted in this Section. You alone, though, retain whatever legally cognizable right, title, and interest that you have in your Submission and remain responsible for them.
8. Copyright Infringement.
8.1. DMCA Notification.
Plant Salon responds to copyright notifications submitted under the Digital Millennium Copyright Act, 17 U.S.C. § 512 (“DMCA”). To submit a notice of claimed copyright infringement under U.S. law, provide our designated agent with the following written information:
8.1.1 A physical or electronic signature of the copyright owner or a person authorized to act on his or her behalf;
8.1.2 Identification of the copyrighted work claimed to have been infringed;
8.1.3 Identification of the infringing material and information reasonably sufficient to permit us to locate that material;
8.1.4 Your contact information, including your address, telephone number, and an e-mail address
8.1.5 A statement that you have a good faith belief that the use of the material in the manner asserted is not authorized by the copyright owner, its agent, or the law; and
8.1.6 A statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Our designated agent is:
Chief Executive Officer
Nika Vaughan LLC
957 N. Ashland Ave
Chicago, IL 60622
You can obtain further information from the Copyright Office’s online directory at www.dmca.copyright.gov/osp.
We will respond to notifications of claimed copyright infringement in accordance with the DMCA.
8.2. Counter Notification.
If you believe that your material has been removed in error in response to a copyright notification, you may submit a counter notification to our designated agent with the following written information:
8.2.1 A physical or electronic signature
8.2.2 Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled
8.2.3 A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
8.2.4 Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which the address is located, or if your address is outside of the U.S., for any judicial district in which Plant Salon may be found, and that you will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
We will respond to counter notifications in accordance with the DMCA.
Certain areas of the Company require payment before you can access them (“Subscriptions”). For example, you may need to subscribe in order to access certain video content on our Company. Subscriptions can be purchased by paying a monthly subscription fee. When you register for a Subscription, you get access to the premium areas of our Service. SUBSCRIPTIONS CANNOT BE TERMINATED BEFORE THE END OF THE PERIOD FOR WHICH YOU HAVE ALREADY PAID, AND PLANT SALON WILL NOT REFUND ANY FEES THAT YOU HAVE ALREADY PAID. Your payment will automatically renew at the end of the subscription period, unless you cancel your Subscription through your subscription page before the end of the current subscription period. The cancellation will take effect the day after the last day of the current subscription period. Plant Salon may change the price for the Subscriptions, from time to time, by posting the new price on its Service. Price changes for Subscriptions will take effect at the start of the next subscription period following the date of the price change. As permitted by local law, you accept the new price by continuing to use the Company after the price change takes effect. If you do not agree with the price changes, you have the right to reject the change by unsubscribing from the Company prior to the price change going into effect. Please therefore make sure you read any such notification of price changes carefully. Additional Terms may apply.
From time to time, we may offer trials of Subscriptions for a specified period without payment or at a reduced rate (a “Trial”). We will require you to provide your payment information to start the Trial. UNLESS YOU CANCEL YOUR TRIAL THROUGH YOUR SUBSCRIPTION PAGE BEFORE THE END OF THE TRIAL, WE WILL AUTOMATICALLY CHARGE YOU FOR A SUBSCRIPTION ON THE FIRST DAY FOLLOWING THE END OF THE TRIAL, ON A REOCURRING MONTHLY BASIS. Your Subscription will be subject to the terms set forth in this Section.
At least some of the payments we collect from you for any Subscription or Trial will be disbursed to third parties, including, but not limited to, Third Party Services (as defined below), as further detailed in our FAQs. Any payments, or portions thereof, that we donate to a not-for-profit third party or Third Party Service, does not entitle you to a tax refund, and instead such donation merely facilitates our payments to such third party or Third Party Service in accordance with our FAQs. Any payments or disbursements from us to you, any third party, or any Third Party Service, will be made in accordance with our FAQs.
10. Product Specification & Return Policy
We do our best to describe every product or service offered on our Service as accurately as possible. However, we are human, and therefore we do not warrant that product specifications, pricing, or other content on the Company is complete, accurate, reliable, current, or error-free. In the event of any errors relating to the pricing or specifications, Plant Salon shall have the right to refuse or cancel any orders in its sole discretion. If we charged your credit card or other account prior to our cancellation, we will issue a credit to your account in the amount of the charge. Additional Terms may apply. If a product or service you purchased from Plant Salon is not as described, your sole remedy is to notify the Company of the state of the item. All transactions are final and non-refundable.
11. Server Security
The Company cannot and does not represent or warrant that the Site or its server will be error-free, uninterrupted, free from unauthorized access (including third-party hackers or denial of service attacks), or otherwise meet your requirements.
THE SITE AND ALL INFORMATION, CONTENT, WRITTEN MATERIALS AND SERVICES MADE AVAILABLE TO YOU THROUGH THE SITE (COLLECTIVELY, THE "SITE CONTENTS") ARE PROVIDED BY ULTA ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES, INCLUDING ANY EXPRESS WARRANTIES, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE, OR ANY WARRANTIES AS TO THE COMPLETENESS OF THE SITE CONTENTS OR THAT EMAILS SENT FROM ULTA ARE FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. THE FOREGOING DISCLAIMERS OF REPRESENTATIONS AND WARRANTIES SHALL BE APPLICABLE ONLY TO THE FULLEST EXTENT PERMITTED BY THE APPLICABLE LAW AND SHALL IN NO EVENT BE CONSTRUED TO BE BROADER THAN PERMITTED BY THE APPLICABLE LAW.
12. Customer Support.
If you have any questions or comments, please send us an e-mail at firstname.lastname@example.org. You acknowledge that the provision of support is at Plant Salon’s sole discretion and that we have no obligation to provide you with customer support of any kind. All legal notices to us must be mailed to:
Nika Vaughan LLC
Attn: Chief Executive Officer
957 N. Ashland Ave
Chicago, IL 60622
When you communicate with us electronically, you consent to receive communications from us electronically. You 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.
13. Third Party Services.
14. Service Features.
14.1. Wireless Features.
14.2 Location-Based Features.
14.3.1 E-mails: You can opt-out of receiving certain promotional e-mails from us at any time by following the instructions as provided in e-mails to click on the unsubscribe link, or contacting us here with the word UNSUBSCRIBE in the subject field of the e-mail. Your opt-out will not affect non-promotional e-mails, such as those about your account, transactions, servicing, or Plant Salon’s ongoing business relations.
14.3.2 Push Notifications: You can opt-out of receiving push notifications from us at any time by adjusting the permissions in your Device or uninstalling our app.
Please note that any opt-out by you is limited to the e-mail address or device used and will not affect subsequent subscriptions.
15. Agreement to Arbitrate Disputes and Choice of Law.
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
15.1 We Both Agree to Arbitrate.
You and Plant Salon agree to resolve any claims relating to these Terms through final and binding arbitration, except to the extent you have in any manner violated or threatened to violate Plant Salon’s intellectual property rights (for example, trademark, trade secret, copyright, or patent rights). Under such circumstances Plant Salon may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Company, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described herein.
15.2 What is Arbitration.
Arbitration is more informal than a lawsuit in court and seeks to resolve disputes more quickly. Instead of a judge or a jury, the case will be decided by a neutral arbitrator who has the power to award the same damages and relief that a court can. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced.
15.3 Arbitration Procedures.
The Federal Arbitration Act governs the interpretation and enforcement of this dispute resolution provision. Arbitration shall be initiated through JAMS. Any dispute, controversy, or claim arising out of or relating to these Terms shall be referred to and finally determined by arbitration in accordance with the JAMS Streamlined Arbitration Rules and Procedures in front of one arbitrator. If there is a conflict between JAMS Rules and the rules set forth in these Terms, the rules set forth in these Terms will govern. The JAMS Rules and instructions for how to initiate an arbitration are available from JAMS at http://www.jamsadr.com or 1-800-352-5267. To initiate arbitration, you or Plant Salon must do the following things:
15.3.1 Write a demand for Arbitration. The demand must include a description of the Claim and the amount of damages sought to be recovered. You can find a copy of a demand for Arbitration at www.jamsadr.com.
15.3.2 Send three copies of the demand for Arbitration, plus the appropriate filing fee to: JAMS to your local JAMS office or to JAMS, Two Embarcadero Center, Suite 1500, San Francisco, CA 94111.
15.3.3 Send one copy of the demand for Arbitration to the other party. Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules. If travelling to Chicago, IL is a burden, you may participate in the arbitration by phone or via document submission to the fullest extent allowable by the arbitrator. Each party will bear their own costs of arbitration. Arbitration under this agreement shall be held in the United States in Chicago, IL under Illinois law without regard to its conflict of laws provisions. The arbitration may award on an individual basis the same damages and relief as a court (including injunctive relief). Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
15.4 Authority of Arbitrator.
The arbitrator will decide the rights and liabilities, if any, of you and Plant Salon, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the Arbitration Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Plant Salon.
15.5 Waiver of Class Actions.
You waive any right to pursue an action on a class-wide basis against the Company and may only resolve disputes with the Company on an individual basis, and may not bring a claim against the Company as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.
15.6. Waiver of Jury Trial.
THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and Plant Salon in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND Plant Salon WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING TO ACCEPT THIS AGREEMENT TO ARBITRATE.
15.7. Choice of Law/Forum Selection.
In any circumstances where the Agreement to Arbitrate Disputes permits the parties to litigate in court, these Terms shall be governed by and construed in accordance with the laws of the State of Illinois, excluding its conflict of law rules. You further expressly consent and agree to submit to the exclusive jurisdiction and venue of a court of competent jurisdiction located in Chicago, IL.
16.Waiver of Injunctive or other Equitable Relief.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE THAT YOU WILL NOT BE PERMITTED TO OBTAIN AN INJUNCTION OR OTHER EQUITABLE RELIEF OF ANY KIND, SUCH AS ANY COURT OR OTHER ACTION THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF ANY WEBSITE, APPLICATION, CONTENT, SUBMISSIONS, PRODUCT, SERVICE, OR INTELLECTUAL PROPERTY OWNED, LICENSED, USED OR CONTROLLED BY PLANT SALON OR A LICENSOR OF PLANT SALON.
17. Updates to Terms.
We reserve the right, at any time in our sole discretion, to modify or replace any part of these Terms and any applicable Additional Terms, without prior notice. You agree that we may notify you of any updated Terms and any applicable Additional Terms by posting them on the Company so that they are accessible via a link from the home page, and/or to send you an e-mail to the last e-mail address you provided to us. All such changes are effective immediately when we post them, or such later date as may be specified in the notice of updated Terms and any applicable Additional Terms. If you object to any such changes, your sole recourse is to cease using the Company.
18. General Provisions.
18.1. Consent or Approval.
No Plant Salon consent or approval may be deemed to have been granted by Plant Salon without being in writing and signed by an officer of Plant Salon.
The provisions of these Terms and any applicable Additional Terms, which by their nature should survive termination of your use of the Company, including sections on Service Use (except for the limited license), Unsolicited Submissions, Copyright Infringement, Subscriptions and Products, Customer Support, Third Party Services, Service Features, Agreement to Arbitrate Disputes and Choice of Law, Disclaimer of Representations and Warranties, Limitations of Our Liability, Indemnification, Waiver of Injunctive or Other Equitable Relief, Updates to Terms, and General Provisions, will survive.
18.3 Severability; Interpretation; Assignment.
If any provision of these Terms, or any applicable Additional Terms, is for any reason deemed invalid, unlawful, void, or unenforceable, then that provision will be deemed severable from these Terms or the Additional Terms, and the invalidity of the provision will not affect the validity or enforceability of the remainder of these Terms or the Additional Terms. You hereby waive any applicable statutory and common law that may permit a contract to be construed against its drafter. The summaries of provisions and section headings are provided for convenience only and shall not limit the full Terms. Plant Salon may assign its rights and obligations under these Terms and any applicable Additional Terms, in whole or in part, to any party at any time without any notice. These Terms and any applicable Additional Terms may not be assigned by you, and you may not delegate your duties under them, without the prior written consent of an officer of Plant Salon.
18.4. Complete Agreement; No Waiver.
These Terms, and any applicable Additional Terms, reflect our complete agreement regarding the Company and supersede any prior agreements, representations, warranties, assurances or discussion related to the Company. Except as expressly set forth in these Terms or any applicable Additional Terms,
18.4.1. no failure or delay by you or Plant Salon in exercising any rights, powers, or remedies hereunder will operate as a waiver of that or any other right, power, or remedy, and
18.4.2 no waiver or modification of any term of these Terms or any applicable Additional Terms will be effective unless in writing and signed by the party against whom the waiver or modification is sought to be enforced.
18.5. International Issues.
Plant Salon controls and operates the Company from the U.S., and Plant Salon makes no representation that the Company is appropriate or available for use beyond the U.S. You agree that the United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms or to any sale of goods carried out as a result of your use of the Company. Software related to or made available by the Company may be subject to export controls of the U.S., and, except as authorized by law, you agree and warrant not to export or re-export the software to any county, or to any person, entity, or end-user subject to U.S. export controls or sanctions.
18.6. Investigations; Cooperation with Law Enforcement.
Plant Salon reserves the right to investigate and prosecute any suspected breaches of these Terms or the Company. Plant Salon may disclose any information as necessary to satisfy any law, regulation, legal process or governmental request.
18.7 California Consumer Rights and Notices.
Residents of California are entitled to the following specific consumer rights information: you may contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs by mail at: 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (916) 445-1254. Their website is located at: http://www.dca.ca.gov.
19. Acknowledgement of Warnings.
You acknowledge understanding the following related to any purchase made through the service:
19.1 no product purchased through the service is intended for human consumption, unless expressly noted;
19.2 purchased plants may be toxic to humans and pets;
19.3 purchased beauty and plant products may cause an allergic reaction;
19.4 purchased beauty and plant products should be inspected for pests and disease immediately upon receipt;
19.5 beauty and plant products should be inspected upon receipt to ensure that there are no cracks or other damage from shipping;
19.6 beauty and plant products should be placed on flat surfaces and not placed in areas where they might tip over and cause injury;
19.7 beauty and plant products might leak, so place them where any seeped fluid will not cause any damage or injury;
19.8 the product may shift during transport so you will open it carefully; 19.9 you recognize that plant products may be wilted and that some leaves might drop from transport; and
19.10 plants should be kept indoors and care instructions followed for optimum plant health. You further agree that you will share these warnings with anyone for whom you place an order.
20. The Company has made every reasonable effort to display as accurately as possible the colors of the products that appear on the Site. However, the actual colors you see will depend on a number of factors including the monitor that you use and the settings on the monitor. The Company does not guarantee that the display of any color will be accurate. If for any reason you are unsatisfied with your experience on the Site, please contact us.
20.1 All physical products purchased from the Company are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon delivery to the carrier.
20.2 The Company sells products from many cosmetic and fragrance producers throughout the world. The use and selection of cosmetics and fragrance products and other health and beauty products ("Beauty Products") requires care to be certain that any directions and warnings from the manufacturer are observed and followed and that Customer is aware of the possibility that some people may have allergic or other reactions to such products.
The Company will endeavor to provide to Guests product labeling information, however, the Company is not the manufacturer of all of the Beauty Products it sells. Customers are advised to read and strictly follow the label, all packaging inserts and instructions and all manufacturer directions and warnings.
In providing information or advice on this Site with respect to Beauty Products, whether in chat rooms, in product descriptions, or otherwise, the Company may rely upon advice from third-party manufacturers and from licensed beauticians. As to any products of which the Company is not the manufacturer, the Company will, upon request, endeavor to identify the manufacturer of such product and provide to the Guest contact information for the manufacturer.
20.3 The Company does not represent or warrant that the information accessible through the Site is accurate, complete or current or that any advice or any particular product will achieve any result of any kind. Price and availability information provided by the Company is subject to change without notice. The Company shall not be bound by any errors or omissions in posting product information or prices with respect to any products or services offered by the Company.
All materials and information presented by the Company are intended to be used for informational purposes only. The products promoted by the Company, including cosmetic products, are not intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease, and are not intended to affect the structure of or any function of the human body. The results reported, if any, may not necessarily occur in all individuals. Please consult with your own physician or health care practitioner regarding any suggestions and recommendations made at the Site.
In providing product information to its guests, the Company relies in part on product descriptions furnished by manufacturers, wholesalers, and other third parties. If you believe that any information is not accurate, please contact us at email@example.com.
Offer valid only at Plantsalon.com. Must pay sales tax, if any. Promotions cannot be combined with any other offer, used on previously purchased items, or redeemed for cash. Discount is taken during checkout. Offer may be revoked or modified at any time without notice. Offer has no cash value. Void where prohibited. Subject to all applicable federal, state and local laws.
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