These Terms of Service were last revised on, and are effective as of, November 16th, 2018.
Tree Hugger Solutions, LLC, a Florida limited liability company, its subsidiaries, and affiliates (collectively, “Tree Hugger” or “we” or “us”) are pleased to offer you our websites, mobile applications, and other online, digital and mobile services, applications and platforms that link to these Terms of Service or on which these Terms of Service appear, as well as the content, features, and software available on them (collectively, the “Online Services”). These Terms of Service form an agreement between Tree Hugger and you and set forth the terms and conditions upon which we make the Online Services available to you. You must be 18 or older to use the Online Services.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THE ONLINE SERVICES. THESE TERMS OF SERVICE CONTAIN PROVISIONS THAT LIMIT YOUR LEGAL RIGHTS, INCLUDING AN ARBITRATION PROVISION, WAIVERS OF CLASS ACTIONS AND JURY TRIALS, AND LIMITATIONS ON TREE HUGGER’S LIABILITY. YOUR USE OF THE ONLINE SERVICES CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE OF THESE TERMS OF SERVICE. IF YOU DO NOT ACCEPT THESE TERMS OF SERVICE, DO NOT USE THE ONLINE SERVICES.
Note for Non-U.S. Visitors: The Online Services and the products and services offered on the Online Services are intended only for residents of the fifty (50) United States and the District of Columbia and are not directed to individuals residing outside the United States. If you reside outside the United States, do not access or use the Online Services.
Additional Terms. Additional policies, guidelines, FAQs, rules, click-through agreements, and other terms and conditions may apply to certain portions of the Online Services or certain content, features, products, and services available on the Online Services (collectively, “Additional Terms”). These Additional Terms include, without limitation, our
Sales and Return Policy.
The Additional Terms, which are made part of these Terms of Service by this reference, are intended to supplement, not replace, these Terms of Service. However, to the extent of any conflict between any applicable Additional Terms and these Terms of Service, the Additional Terms will prevail. The Additional Terms may be modified from time to time. Modified versions of the Additional Terms shall be effective immediately upon posting.
Modification of Terms of Service
We may revise these Terms of Service from time to time without prior notice. Revised versions of these Terms of Service will be posted on this page, together with an updated effective date. You should check this page regularly to see if any recent changes to these Terms of Service have occurred. In some cases, we may post a notice of the revision on the Online Services and/or send an email or other communication notifying users of the changes. By downloading, installing, accessing, or using any of our Online Services after we post a revised version of the Terms of Service, you agree to the Terms of Service as modified.
Modification of Cancellation of Online Services
We reserve the right at any time with or without notice to modify or terminate the Online Services, or any portion thereof.
Products, Pricing, Orders.
The products and services offered on the Online Services (collectively, the “Products”) and the features, contents, specifications, availability, and prices of the Products are subject to change at any time without notice. Product pricing varies and is determined by your location, as derived from your IP address or a location that you provide, or by the advertisement or marketing channel that directed you to the Online Services. In addition, pricing for Products offered on the Online Services may differ from prices available from our vendor partners or those sold at retail locations. Except as otherwise noted in these Terms of Service, Tree Hugger is the merchant of record for the Products you purchase on the Online Services. You agree to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any Product. By placing an order, you represent that the Products ordered will be used only in a lawful manner. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a Product. We reserve the right, without prior notice, to limit the order quantity on any Product, to reject any order, and/or to cancel any order at any time. We may require verification of information prior to the acceptance and/or shipment of any order. Please see our Sales and Return Policy for additional information regarding purchases, including information regarding payment options, taxes, discount codes, online redemption of promotional rewards, order tracking, cancellation, and fulfillment, communications regarding your order, Product recalls, and our return policy. Although the Online Services may display advertisements by, and links to websites maintained by, independently owned and operated vendors or retail partners, Tree Hugger is not responsible for the contents of such advertisements and/or websites and Tree Hugger is not the seller or merchant of record for any products or services offered on such websites.
Tree Hugger attempts to ensure that information regarding the Products is complete, accurate and current. Despite our efforts, such information may occasionally be inaccurate, incomplete or out of date and we make no representation regarding such information. For example, Products may be unavailable, may have different attributes than those listed, or may carry a different price than that stated on the Online Services. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. Product colors may vary we do not guarantee that colors will be accurately displayed.
License to Use the Online Services.
Conditioned upon your compliance with these Terms of Service, Tree Hugger grants you a limited, revocable, non-exclusive license to access, use and display the Online Services solely for your non-commercial personal use and for no other purpose. Tree Hugger’s mobile applications are subject to the additional license terms and conditions set forth in the “Mobile Applications” section below. We reserve all rights in and to the Online Services not expressly granted to you under these Terms of Service. You may not modify the information or materials located on the Online Services in any way or reproduce or publicly display, perform, or distribute or otherwise use any such materials for any public or commercial purpose. You may not use the Online Services if you are the subject of sanctions under U.S. law.
Copyrights and Trademarks.
The design of the Online Services and all text, images, graphics, information, content, software, and other material displayed on or available through the Online Services are the property of either Tree Hugger or its licensors, are protected by copyright, trademark and other laws, and may not be copied or used (including in “meta-tags” or “hidden text”) except as permitted in these Terms of Service or with the prior written permission of the owner of such material. Certain trademarks, trade names, service marks and logos used or displayed on the Online Services are the registered and unregistered trademarks, trade names and service marks of Tree Hugger. Other trademarks, trade names, service marks and logos used or displayed on the Online Services are the registered and unregistered trademarks, trade names and service marks of third parties. Nothing contained on the Online Services grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on the Online Services without the written permission of Tree Hugger or such third party owner, as applicable.
Some portions of the Online Services may permit or require you to create or maintain an account. You agree to provide accurate and complete information when you create an account and promptly update such information to keep it accurate. You are responsible for maintaining the confidentiality of your account username and password and for restricting access to such information and to your computer or device. You may not permit others to use your account and you may not use anyone else’s account at any time. Nevertheless, you are responsible for all activities that occur under your account and we may rely on the authority of anyone accessing your account or using your username and password. You agree to immediately notify us of any unauthorized use of your account or any other breach of security. Tree Hugger shall not be liable for any damages resulting from any compromise of the confidentiality of your account or password and/or any unauthorized access to your account or use of your username and password.
Account Termination and Suspension.
You may terminate your account at any time by contacting Tree Hugger’s customer service department by email at customerservice@TreeHuggerUSA.com or by phone at 954-719-8733. Tree Hugger may suspend or terminate your account or your use of the Online Services at any time for any reason without notice. In addition, Tree Hugger may take any and all actions we deem necessary or reasonable to help ensure the security or integrity of the Online Services and your account. You are personally liable for any orders that you place or charges that you incur prior to termination or suspension.
Third Party Links.
From time to time, the Online Services may contain links to websites, applications, platforms or services that are not owned, operated or controlled by Tree Hugger (“Third-Party Services”). If you use links to Third-Party Services, including links to websites operated by Tree Hugger’s vendors or retail partners, you will leave the Online Services. All such links are provided solely as a convenience to you and your use any Third-Party Services is entirely at your own risk. Tree Hugger is not responsible for and does not endorse or guarantee any Third-Party Services, or any products, services, content, or other information available on any Third-Party Services.
You are prohibited from posting or transmitting any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. You also agree in relation to the Online Services not to: (i) access or attempt to access any information or material by working around any technical features that limit your use of or access to the Online Services; (ii) disrupt, interfere with the security of, or otherwise cause harm to the Online Services or any servers or networks; (iii) infringe any intellectual property rights or proprietary rights; (iv) post or otherwise submit any harmful or disruptive software or files, including viruses, spyware and ransomware; (v) disrupt, interfere or inhibit any other user from using and enjoying the Online Services; (vi) violate any applicable laws or regulations; (vii) use any robot, spider, or other programmatic or automatic device, including automated dial-in or inquiry devices, to obtain information from the Online Services or otherwise monitor or copy any portion of the Online Services; (viii) prepare, compile, scrape, harvest, download or otherwise use or copy any information from the Online Services, or transmit, provide or otherwise distribute (whether or not for a fee) such information to any third party; (ix) transmit spam or other unsolicited or bulk communications; (x) create or use a false identity or contact information for the purpose of misleading Tree Hugger or others; or (xi) violate the rights (including rights of privacy and publicity) of any person or abuse, defame, harass, stalk or threaten another. In addition to any remedies that Tree Hugger may have at law or in equity, if Tree Hugger reasonably determines that you have violated or are likely to violate the foregoing prohibitions, Tree Hugger may take any action Tree Hugger deems necessary or advisable to cure or prevent the violation. Tree Hugger will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing Tree Hugger to disclose the identity of anyone violating the foregoing prohibitions.
User Generated Content.
The Online Services may offer opportunities to post ratings, reviews, comments, photos, and other content (collectively “User Generated Content”). Your User Generated Content must be truthful and accurate and must not be illegal or violate these Terms of Service (including the provisions regarding prohibited conduct). Your User Generated Content must not be obscene, vulgar, or otherwise injurious or objectionable. In addition, your User Generated Content must not contain political campaigning, commercial solicitation, URLs, or any form of contact information. You may not mislead as to the origin of any User Generated Content. Please remember that your User Generated Content may be publicly available and we are under no obligation to treat it as confidential. You must disclose in your User Generated Content (i) If Tree Hugger or our vendors, retailers or representatives provided you with a product, prize, compensation, or anything of value, or (ii) if you are a Tree Hugger employee, vendor, retailer, or supplier or are otherwise connected to Tree Hugger. Any opinions, advice, or statements contained in User Generated Content are those of the respective authors, not Tree Hugger and Tree Hugger is not responsible or liable for User Generated Content posted by you or any other user. We shall have no obligation to use, return, review, or respond to any User Generated Content. We have the right, but not the obligation, to monitor, edit, not post and/or remove any User Generated Content for any reason. You hereby grant Tree Hugger a non-exclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, print, transmit, translate, index, create derivative works from, distribute, display and otherwise exploit your User Generated Content throughout the world in any media or format, now known or hereinafter devised, without further notice to you, with or without attribution, and without the requirement of permission from or payment to you or any third party. You hereby grant Tree Hugger, and any party authorized by Tree Hugger, the right to use the screen name or other name that you submit in connection with such User Generated Content, if we or they choose. You represent and warrant (i) that you own or otherwise control all of the rights in and to your User Generated Content and have all permissions necessary to grant the above licenses; and (ii) that your User Generated Content does not violate these Terms of Service.
Unless expressly invited in writing by Tree Hugger (for example, in order to participate in a contest), you agree not to submit any suggestions, ideas, concepts, know-how, techniques, or methods for new, proposed, or improved services, products, or processes (“Submissions”) through the Online Services. However, should you do so, you hereby grant Tree Hugger, its affiliates, and/or their designees a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, sublicensable, royalty-free license to use the content of such Submissions in any manner and for any purpose whatsoever, including reproduction, transmission, disclosure, publication, broadcast, development, manufacturing, merchandising, and/or marketing.
Digital Millennium Copyright Act Notice Policy.
Tree Hugger respects the intellectual property rights of others, and ask you to do the same. It is our policy to terminate the access privileges of those who repeatedly infringe the copyright rights of others. If you believe that your work has been posted on our Online Services in a way that constitutes copyright infringement, please contact us at the address below and provide the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed, and identification of the URL or other specific location on the Online Services where the material that you claim is infringing is located; (3) your address, telephone number, and email address; (4) 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; and (5) 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. Tree Hugger’s designated agent for notice of copyright infringement is:
Tree Hugger Solutions, LLC
4000 NW 74th Street
Coconut Creek, FL 33073
YOUR USE OF THE ONLINE SERVICES IS AT YOUR RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, (i) THE ONLINE SERVICES ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY; AND (II) TREE HUGGER DOES NOT WARRANT THE ACCURACY, COMPLETENESS, OR AVAILABILITY OF THE ONLINE SERVICES. THE ONLINE SERVICES MAY BE OUT OF DATE AND TREE HUGGER DOES NOT MAKE ANY COMMITMENT OR ASSUME ANY DUTY TO UPDATE THE ONLINE SERVICES. PRODUCTS AND SERVICES OFFERED ON THE ONLINE SERVICES ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF TREE HUGGER AND THEIR RESPECTIVE MANUFACTURES, IF ANY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, TREE HUGGER HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO THE PRODUCTS AND SERVICES OFFERED OR SOLD ON THE ONLINE SERVICES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, TREE HUGGER HEREBY EXPRESSLY DISCLAIMS ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, PRODUCT ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. WE MAKE NO WARRANTIES TO THOSE DEFINED AS “CONSUMERS” IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT. THE FOREGOING EXCLUSIONS DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
LIMITATIONS OF LIABILITY.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, (i) TREE HUGGER, ASSUMES NO RESPONSIBILITY FOR, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER, TELECOMMUNICATION EQUIPMENT, MOBILE DEVICES OR OTHER PROPERTY CAUSED BY OR ARISING FROM YOUR DOWNLOADING, INSTALLATION, OR USE OF, ACCESS TO, OR BROWSING THE ONLINE SERVICES OR YOUR DOWNLOADING, INSTALLATION, OR USE OF ANY SOFTWARE, CONTENT, OR MATERIALS FROM THE ONLINE SERVICES; (ii) IN NO EVENT WILL TREE HUGGER, NO ITS OFFICERS, MANAGERS, EMPLOYEES, MEMBERS, AGENTS, SUCCESSORS, AND ASSIGNS BE LIABLE TO YOU OR ANY PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF THE USE OF THE ONLINE SERVICES, PRODUCTS AND SERVICES OFFERED ON THE ONLINE SERVICES, OR ANY WEBSITE, APPLICATION, OR ONLINE OR DIGITAL SITE OR SERVICE LINKED TO THE ONLINE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS. IN THE EVENT OF ANY PROBLEM WITH THE ONLINE SERVICES, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE ONLINE SERVICES. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS THAT YOU HAVE PURCHASED ON THE ONLINE SERVICES, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS FROM THE MANUFACTURER OF SUCH PRODUCTS, IN ACCORDANCE WITH SUCH MANUFACTURER’S WARRANTY, OR TO SEEK A RETURN AND REFUND FOR SUCH PRODUCTS IN ACCORDANCE WITH OUR RETURN POLICY.
Dispute Resolution; Arbitration; Prohibition of Class Actions.
YOU AND TREE HUGGER AGREE THAT ANY CLAIM OR DISPUTE AT LAW OR EQUITY THAT HAS ARISEN OR MAY ARISE BETWEEN US IN CONNECTION WITH THE ONLINE SERVICES OR ANY PRODUCT OFFERED ON THE ONLINE SERVICES WILL BE RESOLVED IN ACCORDANCE WITH THE PROVISIONS SET FORTH IN THIS SECTION. PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL IMPACT HOW CLAIMS YOU AND TREE HUGGER HAVE AGAINST EACH OTHER ARE RESOLVED. You and Tree Hugger agree that any and all disputes or claims that have arisen or may arise between you and Tree Hugger in connection with the Online Services, including, without limitation, any Products offered or sold on the Online Services and your use of the Online Services, shall be resolved exclusively through confidential, final, and binding arbitration; provided that either party may file suit in court seeking to enjoin infringement, misappropriation or misuse of its intellectual property rights. YOU ARE GIVING UP THE RIGHT TO LITIGATE A DISPUTE IN COURT BEFORE A JUDGE OR JURY. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules and procedures, including the AAA’s Supplementary Procedures for Consumer-Related Disputes (as applicable), as modified by this Agreement to Arbitrate. The AAA’s Rules and a form for initiating arbitration proceedings are available on the AAA’s website at: www.adr.org. The arbitration shall be held in the county in which you reside or at another mutually agreed location. If the value of the relief sought is $10,000 or less, either you or Tree Hugger may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on the other party subject to the arbitrator’s discretion to require an in-person hearing if the circumstances warrant. Attendance at an in-person hearing may be made by telephone, unless the arbitrator requires otherwise. The arbitrator will decide the substance of all claims in accordance with the laws of the State of Florida, including recognized principles of equity, and will honor all claims of privilege recognized by law. You and Tree Hugger agree that each of us may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. Unless both you and Tree Hugger agree otherwise, the arbitrator may not consolidate or join more than one person’s or party’s claims and may not otherwise preside over any form of a consolidated, representative, or class proceeding. Also, the arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claim(s). Any relief awarded cannot affect any other person or party. YOU ARE GIVING UP THE RIGHT TO COMMENCE OR PARTICIPATE IN CLASS AND REPRESENTATIVE ACTIONS. The arbitrator’s award shall be confidential, final, and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules.
Choice of Law.
These Terms of Service will be governed by and construed in accordance with the laws of the State of Florida, without giving effect to any principles of conflicts of laws. A printed version of these Terms of Service shall be admissible in judicial, administrative or arbitration proceedings based upon or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
You agree indemnify and hold harmless Tree Hugger, its affiliates, and their respective officers, directors, managers, members, equity holders, employees, and agents (collectively, the “Tree Hugger Indemnitees”), from and against any claims, demands, liabilities, losses or expenses, including attorneys’ fees, made against or incurred by the Tree Hugger Indemnitees arising out of or in connection with your breach of the Terms of Service, your User Generated Content or your use of the Online Services.
No delay or failure by Tree Hugger to enforce any of these Terms of Service shall be a waiver of any of our rights under these Terms of Service. The invalidity or unenforceability of any provision(s) of these Terms of Service shall not affect the validity or enforceability of any other provision. In the event that any provision of these Terms of Service is found to be invalid or unenforceable, these Terms of Service shall be construed in accordance with their terms as if the invalid or unenforceable provision was not contained therein. Headings and captions are for convenience only and do not affect the interpretation of any of the provisions of these Terms of Service. Any reference to the term “including” means “including, without limitation.” All references to currency are stated in United States dollars. You may not use or export the Online Services, or any portion thereof, or any Product offered on the Online Services in violation of applicable law, including U.S. laws and regulations related to exports.
Additional Assistance. If you have any questions or comments, we invite you to contact Tree Hugger’s customer care department by email at customerservice@TreeHuggerUSA.com or by phone at 954-719-8733.