iGarden Terms of Service
OVERVIEW
This Website (the “Site” or the “Website”) is operated by IGARDEN INTERNATIONAL INC.("Igarden") Throughout the site, the terms “we”, “us” and “our” refer to Igarden. Igarden offers this Website, including all information, tools and services available from this Site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/or purchasing products from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.
Please read these Terms of Service carefully before accessing or using our Website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the Website shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our Website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Website following the posting of any changes constitutes acceptance of those changes.
Our Website is hosted by Shopify Inc. that provides online e-commerce platform allowing us to sell our products and Services to you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this Site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). (ii) access, tamper with, or use any non-public areas of the Website, (iii) probe, scan, or test the vulnerability of any system or network, (iv) circumvent any security or authentication measures, (v) scrape, data-mine or extract any information from the Website, or (vi) interfere with or disrupt any user, host, or network.
You must not transmit any worms or viruses, malware or any code of a destructive or disruptive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services, and we reserve the right to seek all remedies available at law and in equity for such violations.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse Service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the Website through which the Service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this Site is not accurate, complete or current. The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Site is at your own risk.
We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, or non-infringement, with respect to the information contained on this Site. This Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Site at any time, but we have no obligation to update any information on our Site. You agree that it is your responsibility to monitor changes to our Site. To the maximum extent permitted by applicable law, we shall not be liable for any damages arising from or in connection with your use of or reliance on any information on this Site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue any product or the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the product or Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
We have made every effort to display as accurately as possible the colors and images of our products that appear on our Website. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or Service made on this Site is void where prohibited.
We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse, limit, or cancel any order at any time in our sole and absolute discretion, with or without cause. These restrictions may include, without limitation, orders placed by or under the same customer account, credit card, billing and/or shipping address, IP address, or by automated ordering systems or bots. We may also limit or prohibit orders that, in our sole judgment, appear fraudulent, speculative, or placed by unauthorized dealers, resellers or distributors. In the event we modify or cancel an order, we will attempt to notify you using the contact information provided, but we assume no obligation to do so. We expressly disclaim any liability for any modification or cancellation of orders.
You agree to provide current, complete and accurate purchase and account information for all purchases made through our Services. You agree to promptly update your account and other information, including your email address, credit card numbers, expiration dates, and billing address, so that we can complete your transactions and contact you as needed. You acknowledge that failure to provide accurate information may result in order cancellation or service interruption.
For more details, please review our Refund Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools strictly “as is” and “as available” without any warranties, representations or conditions of any kind, whether express, implied, statutory or otherwise (including without limitation any warranties of merchantability, fitness for a particular purpose, title and non-infringement) and without any endorsement. We expressly disclaim all liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). You agree to indemnify, defend and hold us harmless from any claims, damages, losses, liabilities, costs or expenses arising from your use of any third-party tools. We may also, in the future, offer new Services and/or features through the Website (including the release of new tools and resources). Such new features and/or Services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and Services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, the “Comments”), you agree that we may, at any time, without restriction or compensation, edit, copy, publish, distribute, translate, create derivative works from, sublicense, and otherwise use in any medium any Comments that you forward to us. You hereby irrevocably grant us a perpetual, worldwide, non-exclusive, royalty-free license to use such Comments. We are and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay compensation for any Comments; (3) to respond to any Comments; or (4) to return or preserve any Comments. We may, but have no obligation to, monitor, edit, remove or take any other action regarding content that we determine in our sole and absolute discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property, these Terms of Service, or applicable law. We expressly disclaim any liability arising from any content submitted by users. You agree that your Comments will not violate any right of any third-party, including copyright, trademark, trade secret, privacy, personality or other personal or proprietary right. You further agree that your Comments will not: (i) contain libelous, unlawful, abusive or obscene material; (ii) contain any computer virus, worm, malware or other harmful code; (iii) advertise or promote any product or service; (iv) impersonate any person or entity or falsely state your affiliation; or (v) attempt to reverse engineer or compromise the Service. You are solely responsible for any Comments you make and their accuracy. We take no responsibility and assume no liability for any Comments or content posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the Website is governed by our Privacy Policy, which can be viewed here.
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our Site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related Website is inaccurate at any time without prior notice (including after you have submitted your order), in our sole discretion. We expressly disclaim any liability for such errors, inaccuracies or omissions.
We undertake no obligation to update, amend or clarify information in the Service or on any related Website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated. You acknowledge and agree that you are solely responsible for verifying the accuracy of information before taking any action in reliance on it.
SECTION 12 - ELECTRONIC COMMUNICATIONS CONSENT
When you use our Services or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this Site. 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. You further agree that any notices provided by us electronically are deemed to be given and received on the date we transmit any such electronic communication as described in these Terms of Service. You agree to keep your contact information current and to regularly check this Site for updates and communications.
SECTION 13 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 14 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you. You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and Services delivered to you through the Service are (except as expressly stated by us in writing) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement and any warranties arising from course of dealing, usage or trade.
In no case shall store.igarden.ai, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, business interruption, loss of business information, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 15 - FORCE MAJEURE
Neither party shall be liable or responsible to the other party, nor be deemed to have defaulted under or breached these Terms of Service, for any failure or delay in fulfilling or performing any obligations under these Terms when and to the extent such failure or delay is caused by or results from acts beyond the affected party’s reasonable control, including, without limitation: (a) acts of God; (b) flood, fire, earthquake, explosion, or other natural disasters; (c) war, invasion, hostilities, terrorist threats or acts, riot or other civil unrest; (d) government order, law, actions, or restrictions; (e) embargoes or blockades; (f) national or regional emergency; (g) strikes, labor stoppages or slowdowns, or other industrial disturbances; (h) epidemics, pandemics, or other public health emergencies; (i) shortage of adequate power or transportation facilities; and (j) other similar events beyond the reasonable control of the affected party. The affected party shall give notice within a reasonable time of the force majeure event to the other party, stating the period of time the occurrence is expected to continue.
SECTION 16 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless store.igarden.ai and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, Service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 17 - CLASS ACTION WAIVER
You agree to waive any right to participate in a class action lawsuit or class-wide arbitration. Any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. You expressly waive any right to bring a class, collective, representative, or other similar group action. We may seek to enforce this class action waiver provision in any court of competent jurisdiction.
SECTION 18 - SURVIVAL
Notwithstanding any termination or expiration of these Terms of Service, the following sections shall survive and remain in full force and effect: Sections 8 (Third-Party Links), 10 (Personal Information), 13 (Prohibited Uses), 14 (Disclaimer of Warranties; Limitation of Liability), 16 (Indemnification), 20 (Severability), 24 (Governing Law), and any other provisions which by their nature should survive termination. Additionally, any obligations to pay fees incurred prior to termination, any licenses granted by you to us regarding user content, and all provisions regarding ownership, limitation of liability, disclaimers, indemnification, choice of law and venue shall survive any termination or expiration of these Terms of Service.
SECTION 19 - INTELLECTUAL PROPERTY RIGHTS
All content included on this Website and in our Services, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, software, source code, and the compilation thereof, as well as the design, selection, and arrangement of such content, is the property of store.igarden.ai or its content suppliers and is protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
The store.igarden.ai name, logos, product and service names, designs, slogans and related marks are trademarks of store.igarden.ai or its affiliates. You may not use such marks without our prior written permission. All other names, brands, and marks are used for identification purposes only and may be the trademarks of their respective owners. You agree not to reproduce, duplicate, copy, sell, resell, distribute, publish, transmit, modify, display, perform, create derivative works from, exploit, or otherwise use any portion of the Service or any content obtained through the Service without express written permission from store.igarden.ai. Any unauthorized use automatically terminates the permissions granted by these Terms of Service. store.igarden.ai respects the intellectual property rights of others. If you believe that your intellectual property rights have been infringed, please provide us with a written notice containing the information required by the Digital Millennium Copyright Act (17 U.S.C. § 512).
SECTION 20 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 21 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 22 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 23 - ASSIGNMENT AND SUCCESSORS
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you without our prior written consent, but may be assigned by us without restriction and without notice to you. Any attempted transfer or assignment in violation hereof shall be null and void. We may freely assign, delegate or transfer these Terms of Service and our rights and obligations hereunder without your prior consent: (i) to an affiliate; (ii) in connection with any merger, consolidation, reorganization, sale of substantial assets or similar transaction; or (iii) to a successor in interest. These Terms of Service shall be binding upon and inure to the benefit of the parties hereto and their permitted successors and assigns.
SECTION 24 - GOVERNING LAW AND DISPUTE RESOLUTION
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any choice of law or conflict of law provisions. Any dispute, controversy or claim arising out of or relating to these Terms, including the formation, interpretation, breach or termination thereof, shall be resolved by binding arbitration administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures. The arbitration will be conducted in Los Angeles, California, before a single arbitrator. Judgment on the award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
SECTION 25 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our Website. It is your responsibility to check our Website periodically for changes. Your continued use of or access to our Website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 26 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at Support@igarden.ai.
Our contact information is posted below:
Email: Support@igarden.ai
Phone: +1(888)880-3320
Name: IGARDEN INTERNATIONAL INC.
Address: SUITE 312, 152 NORTH DURBIN STREET, CASPER, WY 82601, US
Registration Number: 2024-001538722