Terms/Conditions of Use
Welcome to Bestplantsdirect.com. ("Best Plants"). By accessing the Bestplantdsirect.com site, you agree to the following terms and conditions. If you visit or shop at Bestplantsdirect.com, you accept these conditions. Please read them carefully.
Please read our Privacy Notice, and the Best Plants Direct Delivery and Refund Terms and Conditions, which also govern your use of our site, and your visit to and purchases from Bestplantsdirect.com.
When you visit Bestplantsdirect.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail, You agree and acknowledge that all agreements, notices, disclosures and other communications that we provide to you electronically, or that are available to you on our website, satisfy any legal requirement that such communications be in writing.
All content included on the bestplantsdirect.com site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Best Plants or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Best Plants and protected by U.S. and international copyright laws. All software used on this site is the property of Best Plants or its software suppliers and protected by United States and international copyright laws.
Best Plants Direct and Bestplantsdirect.com are protected trade names. Bestplantsdirect.com graphics, logos, page headers, button icons, scripts, and service names are trademarks, or trade dress of Best Plants in the U.S. and/or other countries. Best Plants' trade names, trademarks and trade dress may not be used in connection with any product or service that is not Best Plants', in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Best Plants. All other trademarks not owned by Best Plants that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Best Plants.
Best Plants grants you a limited license to access and make personal use of the bestplantsdirect.com site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Best Plants. This license does not include the right of any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Best Plants. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Best Plants without express written consent. You may not use any meta tags or any other "hidden text" utilizing Best Plants' name or trademarks without the express written consent of Best Plants. Any unauthorized use terminates the permission or license granted by Best Plants. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Bestplantsdirect.com so long as the link does not portray Best Plants, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Best Plants logo or other proprietary graphic or trademark as part of the link without express written permission.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use Bestplantsdirect.com only with involvement of a parent or guardian. Best Plants reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
Visitors may post reviews, comments, photos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Best Plants reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant Best Plants a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Best Plants and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Best Plants for all claims resulting from content you supply. Best Plants has the right but not the obligation to monitor and edit or remove any activity or content. Best Plants takes no responsibility and assumes no liability for any content posted by you or any third party.
Best Plants respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please write to us promptly and follow our Notice and Procedure for Making Claims of Copyright Infringement.
If for any reason you are unsatisfied with your purchase at the time of delivery, please refuse the order at the time of delivery and we will promptly refund your credit card or other payment method. At our discretion, a refund may be issued without requiring a return. Once you accept delivery, we do not accept returns unless you give us prompt written notice of a material defect in the product delivered, and the defect is the fault of Best Plants Direct or its suppliers. For additional terms and conditions pertaining to your purchases, please read the Best Plants Direct Delivery and Refund Terms and Conditions.
Best Plants attempts to be as accurate as possible. However, Best Plants does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Best Plants itself is not as described, your sole remedy is to return it in unused condition at the time of delivery.
With respect to items sold by Best Plants, we cannot confirm the price of an item until you order; however, we do NOT charge your credit card until after your order has entered the shipping process. Despite our best efforts, a small number of the items in our catalog may be mispriced. If an item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
Parties other than Best Plants operate stores, provide services, or sell product lines on this site. In addition, we provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their Web sites. Best Plants does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY BEST PLANTS ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. BEST PLANTS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, BEST PLANTS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BEST PLANTS DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR ELECTRONIC COMMUNICATIONS SENT FROM BEST PLANTS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BEST PLANTS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. DISPUTES
Any dispute or claim relating in any way to your visit to Bestplantsdirect.com or to products or services sold or distributed by Best Plants or through Bestplantsdirect.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent James R. Evans, 333 S. Hope Street, 16th Floor, Los Angeles, CA. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, Best Plants will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
By visiting Bestplantsdirect.com, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of California, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Best Plants.
Please review our other policies posted on this site. These policies also govern your use of Bestplantsdirect.com. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
Best Plants Direct, Inc.
505 S. Sierra Madre Blvd.
Pasadena, CA 91107
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Bestplantsdirect.com's copyright agent the written information specified below. Please note that this procedure is exclusively for notifying Best Plants that your copyrighted material has been infringed.
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed upon; A description of where the material that you claim is infringing is located on the site, including the auction ID number, if applicable;
Your address, telephone number, and e-mail address;
A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Bestplantsdirect.com's Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows:
James R. Evans
333 S. Hope Street 16th Floor
Los Angeles, CA 90071-1410