popsnursery.com TERMS AND CONDITIONS

OVERVIEW:

This website is operated by Anchor rock Building Materials, LLC (popsnursery.com). Throughout the website, the terms “we”, “us” and “our” refer to popsnursery.com. popsnursery.COM offers this website, including all information, tools and services available from this website to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our website and/ or purchasing product from us, you engage our “Service” and agree to be bound by the following terms and conditions (“Terms of Service” or “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 website, 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 website, 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 the Service. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools that are added to the current store 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.

By making a purchase from popsnursery.COM, you understand and agree that popsnursery.COM may share information about you and your transaction with other companies for the purpose of processing your transaction, including fraud prevention, vendor direct shipping and credit card authorization.

Our online store is hosted by Shopify Inc., which provides us with the online e-commerce platform that allows us to sell our products and provide the Service to you.

 SECTION 1 - ONLINE STORE TERMS AND LICENSE

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 website.  Subject to your compliance with these Terms of Use, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Service.

A breach or violation of any of the Terms will result in an immediate termination of your Service.

 

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 our networks.

Your license to use the Service does not include any resale or commercial use of the Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of our Service 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. All rights not expressly granted to you in these Terms of Service are reserved and retained by popsnursery.COM or its licensors, suppliers, publishers, rights holders, or other content providers. No part of our Service may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. 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 ours without our written consent. You may not use any meta tags or any other “hidden text” utilizing our name or trademarks without our express written consent. You may not misuse our Service. You may use our Service only as permitted by law.  Your license terminates if you do not comply with these Terms of Service.

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).

You must not transmit any worms, malware, viruses or any code of a destructive nature.

The headings used in these Terms of Service are included for convenience only and do not limit or otherwise modify the  meaning of any section.

 

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this website is not accurate, complete or current. The material on this website 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 timelier sources of information. Any reliance on the material on this website is at your own risk.

This website 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 website at any time, but we have no obligation to update any information on our website. You agree that it is your responsibility to monitor changes to our website.

 

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for the Service and our products are subject to change without notice.

We reserve the right at any time to modify or discontinue 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 suspension or discontinuance of the Service or changes in product price.

 

SECTION 5 - ORDERS AND QUANTITIES

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colors and images of our products. We cannot guarantee that your computer monitor's display of any color will be accurate.

We reserve the right to refuse any order you place with us. We reserve the right, but are not obligated, to limit the sales of our products or Service 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. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.

All descriptions of products or product pricing are subject to change at any time without notice, at popsnursery.COM’s sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on the website is void where prohibited by law.

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

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns 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 “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the website 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).

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 – ELECTRONIC COMMUNICATIONS

When you use the Service, or send e-mails to us, you are communicating with us electronically and we will respond by e-mail or by posting notices on this site or through the Services. 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.

 

SECTION 9 - COPYRIGHT

All content included in or made available through the Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations is our property or our content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through the Service is our exclusive property and protected by U.S. and international copyright laws.

 

SECTION 10 - TRADEMARKS

Graphics, logos, page headers, button icons, scripts, and service names included in or made available through the Service are trademarks or trade dress of popsnursery.COM in the U.S. and other countries. popsnursery.COM’s trademarks and trade dress may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits popsnursery.COM. All other trademarks not owned by popsnursery.COM that appear in the Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by popsnursery.COM.

 

SECTION 11 - THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this website 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 also do not warrant such third-parties’ compliance with applicable data protection laws.

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 services or products should be directed to the third-party.

 

SECTION 12 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example in response to promotions) 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, “comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

 

SECTION 13 – SITE CONTENT

All content, graphics, code and software used on or incorporated into this website, and the arrangement or integration of all such content, graphics, code and software, are subject to copyrights held by or licensed to popsnursery.COM, and all rights thereto are specifically reserved. Permission is granted to electronically copy and print hard copies of pages from this Web site solely for personal, non-commercial purposes related to the placement of an order or shopping with popsnursery.COM. Any other use of this website or content or information contained in this website is strictly prohibited, unless the written permission of popsnursery.COM first is obtained.

 

SECTION 14 - INTERNATIONAL ACCESS

This website may be accessed from countries other than the United States. This website may contain products or references to products that are not available outside of the United States. Any such references do not imply that such products will be made available outside the United States. If you access and use this website outside the United States you are responsible for complying with your local laws and regulations.

 

SECTION 15 - PERSONAL INFORMATION

Your submission of personal information through the store or the Service is governed by our Privacy Policy. Click here to view our Privacy Notice.

 

SECTION 16 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our website 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).

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.

 

SECTION 17 - PROHIBITED USES

In addition to other prohibitions as set forth in these Terms of Service, you are prohibited from using the website 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 if we determine that you have engaged in any of the prohibited uses.

 

SECTION 18 - 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 SUSPEND 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) PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT ANY REPRESENTATIONS, 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.

IN NO CASE SHALL popsnursery.COM, OR ITS PARENT, SUBSIDIARIES, SHAREHOLDERS, MEMBERS, DIRECTORS, OFFICERS, MANAGERS, EMPLOYEES, INTERNS, AFFILIATES, AGENTS, CONTRACTORS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY CLAIM, LOSS, OR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOSS OF DATA, REPLACEMENT COSTS, LOST REVENUE, LOST PROFITS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE (WITH THE EXCEPTION OF CLAIMS OR LOSSES SOLELY CAUSED BY popsnursery.COM’S GROSS NEGLIGENCE, RECKLESSNESS OR INTENTIONAL WRONGDOING), ARISING FROM OR RELATED TO YOUR USE OF THE SERVICE OR ANY PRODUCTS PROCURED USING THE SERVICE. YOUR EXCLUSIVE REMEDY REGARDING ANY CLAIM OR LOSSES ARISING OUT OF THE PURCHASE OF PRODUCTS IS LIMITED TO OUR REPLACEMENT POLICY.  THIS LIMITATION OF LIABILITY EXTENDS TO 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 POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, EVEN IF popsnursery.COM IS ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

 

SECTION 19 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless popsnursery.COM and our parent, subsidiaries, affiliates, partners, shareholders, members, officers, directors, managers, 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 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, and such determination shall not affect the validity and enforceability of any other remaining provisions.

 

SECTION 21 – TERMINATION

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 Service, or when you cease using our website.

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 the Terms of Service 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 Service (or any part thereof).

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of these Terms of Service for all purposes.

 

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 website or in respect to the Service constitutes the entire agreement and understanding between you and us and govern 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).

 

SECTION 23 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Service shall be governed by and construed in accordance with the laws of Iowa without regard to conflict of law principles.

SECTION 24 - DISPUTES

INSTEAD OF SUING IN COURT, WE EACH AGREE THAT ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO YOUR USE OF THE SERVICE, OR TO ANY PRODUCTS OR SERVICES SOLD OR DISTRIBUTED BY popsnursery.COM, WILL BE RESOLVED BY BINDING ARBITRATION. THE ARBITRATION SHALL BE CONDUCTED BY A SINGLE MUTUALLY-ACCEPTABLE ARBITRATOR PURSUANT TO THE CONSUMER ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION. THE ARBITRATION PROCEEDING WILL TAKE PLACE IN CEDAR RAPIDS, IOWA.  YOU FURTHER AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION.

ARBITRATION DIFFERS FROM CIVIL LITIGATION AND TRIALS IN COURT IN A NUMBER OF SIGNIFICANT WAYS. THE RULES IN ARBITRATION ARE DIFFERENT, AND THE ARBITRATOR, RATHER THAN A JUDGE, MAKES ALL OF THE DECISIONS. IN AN ARBITRATION PROCEEDING, THERE ALSO IS NO JURY, AND YOU EXPRESSLY ACKNOWLEDGE AND AGREE TO WAIVE YOUR RIGHT TO A JURY TRIAL. YOUR RIGHT TO APPEAL THE ARBITRATOR’S RULINGS IS ALSO VERY LIMITED UNDER THE FEDERAL ARBITRATION ACT. THE ARBITRATOR, HOWEVER, CAN AWARD THE SAME DAMAGES AND RELIEF AS A COURT, SUBJECT TO THE LIMITATIONS STATED IN THIS AGREEMENT.  DEPENDING UPON THE OUTCOME OF THE ARBITRATION, YOU MAY BE REQUIRED TO PAY CERTAIN FEES, EXPENSES AND THE ARBITRATOR’S COMPENSATION.

IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, WE EACH AGREE TO 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.

 

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 a info@popsnursery.com. For data privacy related concerns, please contact:

Privacy Officer: Johny Fandino

Email address: info@popsnursery.com

Mailing address: popsnursery.com Data Privacy

                            ATTN: Johny Fandino

                           2807 N University Dr, 

                           Hollywood, FL 33024