Sales & Refund Terms and Conditions ("Terms")
Legal Information & Notices
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, "Content"), including but not limited to the design, structure, selection, coordination, expression, "look and feel" and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to Leaf’d Box, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
You may use information on Leaf’d Box products and services (such as data sheets, knowledge base articles, zines, and similar materials) purposely made available by Leaf’d Box for downloading from the Site, provided that you (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents.
Your Use of the Site
You may not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. Leaf’d Box reserves the right to bar any such activity.
You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any Leaf’d Box server, or to any of the services offered on or through the Site, by hacking, password "mining" or any other illegitimate means.
You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of Leaf’d Box, including any Leaf’d Box account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.
You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Leaf’d Box’s systems or networks, or any systems or networks connected to the Site or to Leaf’d Box.
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Leaf’d Box on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
Purchases; Other Terms and Conditions
Leaf’d Box’s obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements.
Leaf’d Box may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Site with respect to products and services may be out of date, and Leaf’d Box makes no commitment to update the materials on the Site with respect to such products and services.
The following terms also govern and apply to your use of the Site, and they are incorporated herein by this reference:
Guidelines for Using Leaf’d Box Trademarks https://leafdbox.com/pages/trademark-guidelines
This policy may be changed from time to time and is effective immediately upon posting such changes on the Site.
Accounts, Passwords and Security
Certain features or services offered on or through the Site may require you to open an account (including setting up an Leaf’d Box ID and password). You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify Leaf’d Box immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by Leaf’d Box or any other user of or visitor to the Site due to someone else using your Leaf’d Box ID, password or account as a result of your failing to keep your account information secure and confidential.
You may not use anyone else’s Leaf’d Box ID, password or account at any time without the express permission and consent of the holder of that Leaf’d Box ID, password or account. Leaf’d Box cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
Links to Other Sites and to the Leaf’d Box Site
This Site may contain links to other independent third-party Web sites ("Linked Sites"). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under Leaf’d Box’s control, and Leaf’d Box is not responsible for and does not endorse the Content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.
Warranties, Disclaimers and Limitations of Liability
LEAF’D BOX WARRANTS THAT THE SEED AND/OR SEEDLINGS AND/OR PLANTS IN IN ANY BOXES/PACKAGES/SHIPMENTS SENT TO CUSTOMER ARE LABELED AS REQUIRED BY LAW AND WILL CONFORM TO THE LABEL. LEAF’D BOX MAKES NO OTHER WARRANTY OR REPRESENTATION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING NO WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THERE IS NO ASSURANCE OF SEED, SEEDLING, PLANT OR CROP PERFORMANCE OR FREEDOM FROM DISEASE (EVEN IF SEED BORNE).
LEAF’D BOX DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. LEAF’D BOX CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. LEAF’D BOX DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. LEAF’D BOX DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY LEAF’D BOX SERVICES AND/OR PRODUCTS. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST LEAF’D BOX FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
ADDITIONALLY, LEAF’D BOX PROVIDES ITS BOXES AND SUBSCRIPTIONS AND OTHER PRODUCTS AND SERVICES ON AN “AS IS” AND “AS AVAILABLE BASIS”. LEAF’D BOX CANNOT ENSURE THAT ANY PLANTING YOU MAKE OF SEED/SEEDLINGS/PLANTS PROVIDED BY LEAF’D BOX WILL RESULT IN USABLE PRODUCE OR HERBS OR THAT FOLLOWING THE RECOMMENDATIONS OF ANY ZINE’S OR OTHER ADVICE FROM LEAF’D BOX WITH RESPECT TO PLANTING OR PLANT CARE WILL NOT DAMAGE OTHER PLANTS IN CLOSE PROXIMITY TO THE SEED/SEEDLINGS/PLANTS PROVIDED BY LEAF’D BOX. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SEED/SEEDLINGS/PLANTS AND ALL OTHER PRODUCTS ORDERED OR PROVIDED VIA THIS WEBSITE. YOUR SOLE REMEDY AGAINST LEAF’D BOX FOR DISSATISFACTION WITH ANY SUCH PRODUCTS, SERVICES OR SUBSCRIPTIONS IS TO STOP USING THE PRODUCTS OR SERVICES AND TO CANCEL AUTOMATIC RENEWAL OF ANY SUBSCRIPTIONS. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
If the production of seed/seedlings/plants is prevented by any condition existing from a State of War, Governmental Act or Order, or by an Act of God, LEAF’D BOX shall not be liable therefore. If the cost of producing, processing or merchandising any of the goods or services sold via this website is increased directly or indirectly because of the effect of any of the above-mentioned causes on production, such increase shall be paid by you to Leaf’d Box upon automatic renewal of your subscription for the next term. If the production of any seed/seedlings/plants covered by a subscription entered into by you is prevented by any condition existing from a State of War, Government Act or Order, or by an Act of God, such seed/seedlings/plants may be subject to pro-rata delivery based upon actual production or subject to substitution for similar seed/seedlings/plants, solely at Leaf’d Box’s discretion. If the cost of producing, processing or merchandising the seed/seedlings/plants covered by your subscription is increased by labor costs, strikes, or by Leaf’s’s payment of fees or taxes (other than income taxes) or by increased services to comply with Federal or State Laws or Regulations or the requirements of any Governmental entity enacted or promulgated subsequent to the date of the subscription or product purchase, such increases shall be paid by you to Leaf’d Box upon automatic renewal of your subscription for the next term.
THE EXCLUSIVE REMEDY FOR LOSS OR DAMAGE ARISING OUT OF ANY SEED, SEEDLINGS OR PLANTS PROVIDED BY LEAF’D BOX IS LIMITED TO RETURN OF THE PURCHASE PRICE OF THAT SEED, SEEDLING OR PLANT AND YOU MAY NOT RECOVER FROM LEAF’D BOX ANY OTHER DAMAGE, INCLUDING INCIDENTAL OR CONSEQUENTIAL DAMAGES, CLAIMED UNDER ANY LEGAL THEORY, INCLUDING BREACH OF CONTRACT, TORT, STRICT PRODUCT LIABILITY OR BREACH OF STATUTE.
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
Leaf’d Box reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
ARBITRATION OF CLAIMS
NOTICE: Customers in Alabama, Arkansas, California, Colorado, Florida, Georgia, Idaho, Illinois, Indiana, Minnesota, Mississippi, North Dakota, South Carolina, South Dakota, Texas and Washington - ARBITRATION/CONCILIATION/MEDIATION REQUIRED BY MANY STATES: The seed laws of several states including Alabama, Arkansas ,California , Colorado , Florida , Georgia , Idaho , Illinois ,Indiana , Minnesota , Mississippi , North Dakota , South Carolina (Section 46-21-260) South Dakota ,Texas (vegetable seed only) and Washington require arbitration, conciliation or mediation of disputes involving allegedly defective seed before certain legal action may be maintained against Leaf’d Box. A complaint (sworn for in AL, AR, CO, FL, GA, IL, IN, MN, MS, SC, TX, WA; Seed commissioner (IN), (CO), or State Plant Board (AR) must be served within such time to permit an inspection of seed, crops or plants(by an arbitration committee – AR, ID, IL, and SC). A certified copy of complaint must be sent by registered mail to Leaf’d Box as provided by the individual state law.
In addition to the terms and conditions regarding various state notices, it is expressly provided herein (as well as within the acknowledgment agreement referred to herein) that with every purchase of Leaf’d Box’s subscriptions, services and products you agree that in the event of any dispute regarding the performance of such subscriptions, services or products, such dispute, whether involving Leaf’d Box or authorized Leaf’d Box dealers/resellers/shippers, or both, shall be subject to binding arbitration, such arbitration to be pursuant to the applicable terms and condition of the then-existing regulations of the American Arbitration Association relating to commercial disputes. Such arbitration shall take place within Ventura, California, with the arbitrator (arbitrators), to be selected from the panel of the nearest metropolitan area.
You agree to indemnify and hold Leaf’d Box, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Leaf’d Box by any third party due to or arising out of or in connection with your use of the Site and your use of the products/services/subscriptions provided hereunder.
Leaf’d Box may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Leaf’d Box’s rights or property, or the rights or property of visitors to or users of the Site, including Leaf’d Box’s customers, or Leaf’d Box’s products, services, subscriptions, trademarks or other intellectual property. Leaf’d Box reserves the right at all times to disclose any information that Leaf’d Box deems necessary to comply with any applicable law, regulation, legal process or governmental request. Leaf’d Box also may disclose your information when Leaf’d Box determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
You agree that Leaf’d Box may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.
Governing Law; Dispute Resolution
It is agreed that all contracts between you and Leaf’d Box are made in, and to be performed at Ventura, Ventura County, California, U.S.A. It is further agreed that the forum for any litigation arising out of any such contracts shall be in the County of Ventura, State of California, and that the laws of the State of California shall govern the rights, duties, obligation, performance, enforcement, and substantive and procedural issues arising out of your use of this website, and your purchase of any services, products or subscriptions from Leaf’d Box. In the event of litigation arising out of performance or non-performance of any obligations thereunder, the prevailing party shall be entitled to recover reasonable attorney’s fees in addition to any other award.
The preceding provision regarding venue does not apply if you are a consumer based in the European Union. If you are a consumer based in the European Union, you may make a claim in the courts of the country where you reside.
Void Where Prohibited
Leaf’d Box administers and operates the www.leafdbox.com Site from its location in Ventura, California USA; other Leaf’d Box sites may be administered and operated from various locations outside the United States. Although the Site is accessible worldwide, not all features, products, subscriptions or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. Leaf’d Box reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.
You may not use or export or re-export any Content of the Site or any copy or adaptation of such Content, or any product or service offered on or provided via the Site, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations, and you specifically may not export any seed/seedlings/plants outside the United States without property export licenses, phytosanitary certificates, and other appropriate documentation, as well as Leaf’d Box’s prior written consent to such export.
Leaf’d Box provides access to Leaf’d Box international data and, therefore, may contain references or cross references to Leaf’d Box products, subscriptions and services that are not announced in your country. Such reference does not imply that Leaf’d Box in your country intends to announce such products, subscriptions, programs or services.
Feedback and Information
Any feedback you provide at this site shall be deemed to be non-confidential. Leaf’d Box shall be free to use such information on an unrestricted basis.
The information contained in this web site is subject to change without notice.
Copyright © 2020 Leaf’d Garden Inc. All rights reserved.
Leaf’d Garden Inc., 4464 McGrath Street, Suite 109, Ventura, CA 93003, USA.