ACCEPTANCE OF ORDER:
All orders are subject to acceptance and availability. Items in your shopping cart are not reserved and may be purchased by other customers. After you place an order we will send you an email confirming receipt of your order. This email is for your reference and is not an acceptance of your order. Acceptance of your order will be perfected upon shipping of the order to you. We reserve the right not to accept your order for any reason, including, without limitation, if we do not obtain authorization for payment, the item is out of stock or you do not meet the eligibility criteria. If we do not accept your order we will not charge you for the item or any taxes or shipping charges, or refund you if already charged. We may refuse to process a transaction for any reason at our sole discretion.
In order to access or use certain parts of the Planters Exchange online services, you may be required to provide current, accurate, identification, contact and other information. You are responsible for maintaining the accuracy and completeness of this information and also for maintaining the confidentiality of any username and password. If any of this information should change, please notify us to correct it. You will be fully responsible for all activities that occur under your account, including activities of others to whom you have provided your username or password so please notify Planters Exchange immediately of any unauthorized use of your account or any other breach of security.
The Planters Exchange online services may change over time as we add more features. We may modify, suspend or discontinue, temporarily or permanently, the Planters Exchange online services, in full or in part. Planters Exchange reserves the right to terminate accounts.
You must be 13 years of age to use the Planters Exchange online services, with or without registering. If you are under 18 years old, you may use the Planters Exchange online services, with or without registering, only with the approval of your parent or guardian.
The Site may contain product descriptions or measurements provided to Planters Exchange by the designer or manufacturer. As we cannot always check the accuracy of these descriptions, we cannot accept responsibility for any inaccuracies provided to us by these third parties.
By using the Service you agree to release, discharge and hold harmless PLANTERS EXCHANGE and its subsidiaries and affiliates (the “PLANTERS EXCHANGE Entities”) from any and all losses, damages, rights, claims, actions of any kind and injury (including death) arising out of or relating to the PLANTERS EXCHANGE Services or any act or omission by any person, including without limitation, any dispute between you and any other person or regarding any content posted on the Site. If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” This release includes, without limitation, any claim resulting from delay and the criminal acts of others.
You agree to indemnify and hold PLANTERS EXCHANGE and the PLANTERS EXCHANGE Entities harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of or relating to the Services, including without limitation, any content posted to or transmitted through the PLANTERS EXCHANGE Services, or publicly distributed on the web, your use of the PLANTERS EXCHANGE Services, your connection to the PLANTERS EXCHANGE Services, your violation of the Terms or your violation of any rights of another.
YOUR USE OF THE PLANTERS EXCHANGE SERVICES IS AT YOUR SOLE RISK. THE PLANTERS EXCHANGE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. PLANTERS EXCHANGE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. ALWAYS USE CAUTION WHEN GIVING OUT ANY PERSONALLY IDENTIFYING INFORMATION ABOUT YOURSELF OR YOUR CHILDREN.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT PLANTERS EXCHANGE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF PLANTERS EXCHANGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR INABILITY TO USE THE PLANTERS EXCHANGE SERVICES; (II) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (III) ANY OTHER MATTER RELATING TO THE PLANTERS EXCHANGE SERVICES. IN NO EVENT WILL PLANTERS EXCHANGE’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED ONE HUNDRED DOLLARS ($100).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE PLANTERS EXCHANGE SERVICES.
You agree that PLANTERS EXCHANGE, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the PLANTERS EXCHANGE Services and remove and discard any content within the PLANTERS EXCHANGE Services, for any reason. If we suspect fraudulent, abusive or illegal activity, we may refer information, content or accounts to law enforcement authorities. PLANTERS EXCHANGE will not be liable to you or any third-party for any termination of your access to the PLANTERS EXCHANGE Services.
The Terms constitute the entire agreement between you and PLANTERS EXCHANGE and govern your use of the PLANTERS EXCHANGE Services, superseding any prior agreements between you and PLANTERS EXCHANGE with respect to the PLANTERS EXCHANGE Services. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The Terms will be governed by the laws of the State of New York without regard to its conflict of law provisions. You and PLANTERS EXCHANGE agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within GLYNN COUNTY, GEORGIA. EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING BUT NOT LIMITED TO ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. FURTHER, EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. Any claim or cause of action arising out of or related to use of the Service or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.