Patent Pending
ShrubBerries
OH
ph: (614) 596-8069
here4U@shrubberries.com
OH
ph: (614) 596-8069
here4U@shrubberries.com
Terms of Use
The following rules ("Terms and Conditions") govern the use of the website located
at www.shrubberries.com and state the agreement between ShrubBerries, Ltd. and
the Buyer of goods or services through the ShrubBerries, Ltd. Web site
www.shrubberries.com. If you do not agree to these terms, you will not be able to
purchase anything, so please review these terms carefully:
1. Introduction. Buyer agrees to the terms and conditions outlined in this Online
Contract with respect to the goods, services and information provided by or through
www.shrubberries.com. This Contract constitutes the entire and only agreement
between ShrubBerries Ltd. and Buyer, and supersedes any and all prior or
contemporaneous agreements, representations, warranties, and understandings
with respect to the goods, services and information provided by or through
www.shrubberries.com, and the subject matter of this Contract. Buyer agrees to
review this Contract prior to purchasing anything and purchase of a good or service
shall be deemed acceptance of this Contract.
2. Setup and Payment. Buyer represents and warrants that (i) the credit card
information supplied is true, correct and complete and (ii) charges incurred by the
Buyer will be honored by the Buyer's credit card company and (iii) Buyer shall pay
charges incurred by Buyer at the amounts in effect at the time incurred through use
of Buyer's password. Buyer agrees to keep his or her password confidential and to
notify ShrubBerries, Ltd. within 24 hours of any breach of this Contract or
unauthorized use of the password. ShrubBerries, Ltd. does not protect Buyer from
unauthorized use of Buyer's password.
3. Editing, Deleting, and Modification. ShrubBerries, Ltd. reserves the right in its
sole discretion to edit or delete any information or content appearing on
www.shrubberries.com and to remove any goods and services for sale. Upon notice
published over the Service, ShrubBerries, Ltd. may modify this Contract, or prices,
and may discontinue or revise any or all aspects of www.shrubberries.com in its sole
discretion and without prior notice. Modification of this Contract will be deemed
effective upon publication on www.shrubberries.com with respect to transactions
occurring after said date.
4. Right to Refuse. ShrubBerries, Ltd. reserves the right in its sole discretion to
refuse service at any time. Sale of any goods or services is subject to availability.
5. Indemnification. Buyer agrees to indemnify, defend and hold ShrubBerries, Ltd.
and its affiliates, licensors and suppliers harmless from any liability, loss, claim and
expense, including reasonable attorney's fees, related to a Buyer's violation of this
Contract or use of www.shrubberries.com.
6. Non-Transferable. Buyer's right to use the Service is not transferable and is
subject to any limits established by ShrubBerries, Ltd. or by Buyer's credit card
company.
7. Disclaimer. THE SERVICE, CONTENT, GOODS AND SERVICES FROM OR THROUGH
THE SERVICE ARE 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 SOLE AND ENTIRE MAXIMUM LIABILITY OF SHRUBBERRIES, LTD. FOR ANY REASON
AND BUYER'S SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE
LIMITED TO THE AMOUNT PAID BY THE CUSTOMER FOR THE PARTICULAR ITEMS
PURCHASED. SHRUBBERRIES, LTD. AND ANY OF IT'S AFFILIATES, DEALERS OR
SUPPLIERS 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 DAMAGES. THE
LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE
BASIS OF THE BARGAIN BETWEEN SHRUBBERRIES, LTD. AND BUYER. THIS SITE AND
GOODS AND SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.
SOME STATE STATUES MAY APPLY REGARDING LIMITATION OF LIABILITY.
8. Orders. ShrubBerries, Ltd. does not allow Buyer to edit or cancel orders within
forty-eight (48) hours of the requested delivery date, or within seven (7) days prior
to Thanksgiving, Christmas, Valentine's Day, or Mother's Day.
9. Refund Policy. ShrubBerries, Ltd. wants the Buyer to be completely satisfied
with any products ordered on the www.shrubberries.com site. With respect to the
Refund Policy, ShrubBerries, Ltd.'s entire liability and your exclusive remedy shall be
either (a) a refund of the purchase price of the product, or (b) to replace equivalent
product items, as appropriate (less shipping and handling charges incurred), as soon
as reasonably possible. *NO OTHER WARRANTIES APPLY*
10. Use of Information. ShrubBerries, Ltd. reserves the right, and Buyer authorizes
ShrubBerries, Ltd., to the use and assignment of all information regarding Buyer's
use of www.shrubberries.com and all information provided by Buyer, subject to
applicable law.
This contract shall be treated as though it were executed and performed in Dublin,
OH, and shall be governed by and construed in accordance with the laws of the
United States of America and of the State of Ohio (without regard to conflict of law
principles). Any cause of action of Buyer with respect to www.shrubberries.com must
be instituted within six (6) months after any purchase or be forever waived and
barred. All actions shall be subject to the limitations set forth in Section 7. The
language in this Contract shall be interpreted as to its fair meaning and not strictly
for or against any party. All legal proceedings arising out of or in connection with this
Contract shall be brought solely in Dublin, OH, and Buyer expressly submits to the
jurisdiction of said courts and Buyer consents to extra-territorial service of process.
Should any part of this Contract be held invalid or unenforceable, that portion shall
be construed consistent with applicable law as nearly as possible to reflect the
original intentions of the parties and the remaining portions shall remain in full force
and effect. To the extent that anything in or associated with www.shrubberries.com
or ShrubBerries, Ltd. is in conflict or inconsistent with this Contract, this Contract
shall take precedence. Failure of ShrubBerries, Ltd. to enforce any provision of this
Contract shall not be deemed a waiver of such provision nor of the right to enforce
such provision.
The following rules ("Terms and Conditions") govern the use of the website located
at www.shrubberries.com and state the agreement between ShrubBerries, Ltd. and
the Buyer of goods or services through the ShrubBerries, Ltd. Web site
www.shrubberries.com. If you do not agree to these terms, you will not be able to
purchase anything, so please review these terms carefully:
1. Introduction. Buyer agrees to the terms and conditions outlined in this Online
Contract with respect to the goods, services and information provided by or through
www.shrubberries.com. This Contract constitutes the entire and only agreement
between ShrubBerries Ltd. and Buyer, and supersedes any and all prior or
contemporaneous agreements, representations, warranties, and understandings
with respect to the goods, services and information provided by or through
www.shrubberries.com, and the subject matter of this Contract. Buyer agrees to
review this Contract prior to purchasing anything and purchase of a good or service
shall be deemed acceptance of this Contract.
2. Setup and Payment. Buyer represents and warrants that (i) the credit card
information supplied is true, correct and complete and (ii) charges incurred by the
Buyer will be honored by the Buyer's credit card company and (iii) Buyer shall pay
charges incurred by Buyer at the amounts in effect at the time incurred through use
of Buyer's password. Buyer agrees to keep his or her password confidential and to
notify ShrubBerries, Ltd. within 24 hours of any breach of this Contract or
unauthorized use of the password. ShrubBerries, Ltd. does not protect Buyer from
unauthorized use of Buyer's password.
3. Editing, Deleting, and Modification. ShrubBerries, Ltd. reserves the right in its
sole discretion to edit or delete any information or content appearing on
www.shrubberries.com and to remove any goods and services for sale. Upon notice
published over the Service, ShrubBerries, Ltd. may modify this Contract, or prices,
and may discontinue or revise any or all aspects of www.shrubberries.com in its sole
discretion and without prior notice. Modification of this Contract will be deemed
effective upon publication on www.shrubberries.com with respect to transactions
occurring after said date.
4. Right to Refuse. ShrubBerries, Ltd. reserves the right in its sole discretion to
refuse service at any time. Sale of any goods or services is subject to availability.
5. Indemnification. Buyer agrees to indemnify, defend and hold ShrubBerries, Ltd.
and its affiliates, licensors and suppliers harmless from any liability, loss, claim and
expense, including reasonable attorney's fees, related to a Buyer's violation of this
Contract or use of www.shrubberries.com.
6. Non-Transferable. Buyer's right to use the Service is not transferable and is
subject to any limits established by ShrubBerries, Ltd. or by Buyer's credit card
company.
7. Disclaimer. THE SERVICE, CONTENT, GOODS AND SERVICES FROM OR THROUGH
THE SERVICE ARE 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 SOLE AND ENTIRE MAXIMUM LIABILITY OF SHRUBBERRIES, LTD. FOR ANY REASON
AND BUYER'S SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE
LIMITED TO THE AMOUNT PAID BY THE CUSTOMER FOR THE PARTICULAR ITEMS
PURCHASED. SHRUBBERRIES, LTD. AND ANY OF IT'S AFFILIATES, DEALERS OR
SUPPLIERS 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 DAMAGES. THE
LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE
BASIS OF THE BARGAIN BETWEEN SHRUBBERRIES, LTD. AND BUYER. THIS SITE AND
GOODS AND SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.
SOME STATE STATUES MAY APPLY REGARDING LIMITATION OF LIABILITY.
8. Orders. ShrubBerries, Ltd. does not allow Buyer to edit or cancel orders within
forty-eight (48) hours of the requested delivery date, or within seven (7) days prior
to Thanksgiving, Christmas, Valentine's Day, or Mother's Day.
9. Refund Policy. ShrubBerries, Ltd. wants the Buyer to be completely satisfied
with any products ordered on the www.shrubberries.com site. With respect to the
Refund Policy, ShrubBerries, Ltd.'s entire liability and your exclusive remedy shall be
either (a) a refund of the purchase price of the product, or (b) to replace equivalent
product items, as appropriate (less shipping and handling charges incurred), as soon
as reasonably possible. *NO OTHER WARRANTIES APPLY*
10. Use of Information. ShrubBerries, Ltd. reserves the right, and Buyer authorizes
ShrubBerries, Ltd., to the use and assignment of all information regarding Buyer's
use of www.shrubberries.com and all information provided by Buyer, subject to
applicable law.
This contract shall be treated as though it were executed and performed in Dublin,
OH, and shall be governed by and construed in accordance with the laws of the
United States of America and of the State of Ohio (without regard to conflict of law
principles). Any cause of action of Buyer with respect to www.shrubberries.com must
be instituted within six (6) months after any purchase or be forever waived and
barred. All actions shall be subject to the limitations set forth in Section 7. The
language in this Contract shall be interpreted as to its fair meaning and not strictly
for or against any party. All legal proceedings arising out of or in connection with this
Contract shall be brought solely in Dublin, OH, and Buyer expressly submits to the
jurisdiction of said courts and Buyer consents to extra-territorial service of process.
Should any part of this Contract be held invalid or unenforceable, that portion shall
be construed consistent with applicable law as nearly as possible to reflect the
original intentions of the parties and the remaining portions shall remain in full force
and effect. To the extent that anything in or associated with www.shrubberries.com
or ShrubBerries, Ltd. is in conflict or inconsistent with this Contract, this Contract
shall take precedence. Failure of ShrubBerries, Ltd. to enforce any provision of this
Contract shall not be deemed a waiver of such provision nor of the right to enforce
such provision.
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