Last updated July 2020
The following web page constitutes a legal document and provides the Terms and Conditions (the “Agreement”) for our website, www.decoplanters.com (the “Website”). By using our Website, you agree to fully comply with, and be bound by, the following Agreement each time you use our Website for any purpose.
The terms “Deco Planters, Inc.,” “us”, “we”, and “our” refer to Deco Planters, Inc., the owner of this Website. The term “User” is a collective identifier that refers to visitors to our Website, including architects, landscape construction companies, general contractors, building owners, homeowners, sales representatives and other individuals and entities who intend to browse, develop creative insights as to utilization of, or purchase our products and services (collectively the “Services”).
All text, information, graphics, design, and data offered through our Website, whether produced by Users or by us, are collectively known as our “Content.”
This Agreement is between you and Deco Planters, Inc. As such, it is a binding legal contract.
THIS AGREEMENT CONTAINS WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT OUR LIABILITY TO YOU. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AND IN THEIR ENTIRETY, AS USING, ACCESSING, AND/OR BROWSING OUR WEBSITE CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO BE BOUND TO EACH AND EVERY TERM AND CONDITION SET FORTH HEREIN, PLEASE EXIT OUR WEBSITE IMMEDIATELY AND DO NOT USE, ACCESS, AND/OR BROWSE IT FURTHER.
Except as otherwise noted, this Agreement constitutes the entire and only Agreement between you and Deco Planters, Inc. and supersedes all other Agreements, representations, warranties, and understandings with respect to our Website, Services, and the subject matter contained herein. However, for you to use our Website and/or Services, you may also be required to agree to additional terms and conditions. Those additional terms and conditions will be incorporated into this Agreement unless otherwise stated.
Any legal controversy or claim arising from or relating to this Agreement and/or our Services, excluding legal action taken by us to collect or recover damages for – or obtain any injunction relating to – website operations, intellectual property, and our Services, shall be settled solely by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association (the AAA). Any such controversy or claim will be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim or controversy of any additional or third parties.
The arbitration will be conducted within the territorial limits of the State of New Jersey, and judgment on any arbitration award may be entered in any court having jurisdiction thereover. You or we may seek any interim or preliminary relief from a court of competent jurisdiction located in the State of New Jersey (whether a State Superior Court or United States District Court) as necessary to protect our or your rights or property pending the completion of arbitration. Each party will bear an equal half of the arbitration fees and costs.
This Agreement and our legal obligations hereunder are subject to the laws of the State of New Jersey, regardless of your location. You hereby consent to the exclusive jurisdiction of and venue in the federal and state courts located in New Jersey, United States of America, in all disputes arising out of or relating to this Agreement, the Website, or the Services. You agree to waive any objections to inconvenient forum or lack of personal jurisdiction by virtue of this Agreement.
In the event that Deco Planters, Inc. is successful in whole or in part in any action or proceeding related to or arising from this Agreement, which shall constitute Deco Planters, Inc. being the “prevailing party” in same action or proceeding, you shall be responsible for Deco Planters, Inc.’s attorneys’ fees and costs.
Deco Planters, Inc. grants you a limited, nonexclusive, nontransferable, revocable license to access and use our Website and Services strictly in accordance with this Agreement. Your use of our Website and Services is solely for internal, personal, noncommercial purposes unless otherwise provided for in this Agreement.
You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of our Website and Services.
The parties shall be at all times independent contractors in relation to each other as a matter of law. This Agreement in no way creates any agency, partnership, joint venture, or employee-employer or franchisor-franchisee relationship between you and Deco Planters, Inc.
Our Website may contain our service marks or trademarks in the form of words, graphics, and logos. Your use of our Website or Services does not constitute any right or license for you to use our service marks or trademarks without the prior written permission of Deco Planters, Inc.
Our Content, as found within our Website and Services, is protected under all United States and foreign copyrights, trademark, and other intellectual property laws, whether common or statutory. The copying, redistribution, use, or publication by you of any such Content is strictly prohibited. Your use of our Website and Services does not grant you any ownership rights to our Content.
We do not represent or otherwise warrant that our Website will be error-free or free from viruses or other harmful components, or that we will correct any errors at all or within any specified timeframe. We do not represent or otherwise warrant that the information available on or through our Website will be correct, accurate, timely, or otherwise reliable.
Notwithstanding the foregoing, Deco Planters, Inc. reserves the right, at our sole discretion, to change any content, software, and other items used or contained in our Website or Services at any time without notice.
Our Website may from time to time publish content supplied by Users and third parties, such as reviews, testimonials, demonstrations, applications, or connection to related products and services. Accordingly, Deco Planters, Inc. has no editorial control over such content. Any opinions or other information or content expressed or made available by Users or third parties, are those of the respective author(s) and not of Deco Planters, Inc. We do not guarantee the accuracy, completeness, merchantability, or fitness for any particular purpose nor the legality of any content provided by any of these parties.
You hereby acknowledge that nothing contained in our Website will constitute financial, investment, legal, and/or other professional advice and that no professional relationship of any kind is created between you and Deco Planters, Inc. You hereby agree that you will not make any financial, investment, legal, and/or other decision based in whole or in part on anything contained in our Website or Services.
Deco Planters, Inc. is not responsible or liable in any manner for any Content posted on our Website or in connection with our Services, whether posted or caused by Users, third parties, or Deco Planters, Inc. Although we provide rules for User conduct and postings, we do not control and are not responsible for what Users post, transmit, or share on our Website or Services, and are not responsible for any offensive, inappropriate, obscene, unlawful, or otherwise objectionable content you may encounter using our Website or Services. Deco Planters, Inc. is not responsible for the online or offline conduct of any Users of our Website or Services.
Our Website or Services may be temporarily unavailable from time to time for maintenance or other reasons. Deco Planters, Inc. assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction, unauthorized access to, or alteration of User communications.
Deco Planters, Inc. is not responsible for any technical malfunction or other problems of any telephone network or service, computer system, server or provider, computer or mobile phone equipment, or software, or for any failure of e-mail on account of technical problems or traffic congestion on the Internet, or for any combination thereof – including injury or damage to Users’ or any other person’s computer, mobile phone, or other hardware or software – related to or resulting from the use or downloading of materials in connection with our Website or Services, including, without limitation, any software provided through our Website or Services.
Under no circumstances will Deco Planters, Inc. be responsible for any loss or damage, including any loss or damage, personal injury, or death resulting from anyone’s use of our Website or Services, or any interactions between Users of our Website or Services, whether online or offline.
Reference to any products, services, processes, or other information by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, recommendation, or any affiliation with our Website by third parties or by any of the equipment or programming associated with or utilized by our Services.
THE INFORMATION, CONTENT, AND DOCUMENTS FROM OR THROUGH OUR WEBSITE ARE PROVIDED ‘AS-IS’, ‘AS AVAILABLE’, WITH ‘ALL FAULTS’, AND ALL EXPRESS OR IMPLIED WARRANTIES ARE DISCLAIMED (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). OUR WEBSITE AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS, OR OTHER LIMITATIONS.
DECO PLANTERS, INC. HAS NO LIABILITY WHATSOEVER FOR YOUR USE OF OUR WEBSITE OR SERVICES. DECO PLANTERS, INC. CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM THE USE OF OUR WEBSITE OR SERVICES, INCLUDING, BUT NOT LIMITED TO, RELATED SOFTWARE. DECO PLANTERS, INC. DOES NOT REPRESENT OR WARRANT THAT OUR CONTENT, SERVICES, OR ANY SOFTWARE FOUND WITHIN ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH CONTENT OR SOFTWARE AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND REMOVE VIRUSES. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES SOMEHOW ATTRIBUTED TO OUR CONTENT, SERVICES, AND RELATED SOFTWARE IS DISCLAIMED.
WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT AND RELATED SOFTWARE FROM OR THROUGH OUR WEBSITE OR SERVICES AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM OF ANY KIND THAT MAY RESULT. WE ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND DECO PLANTERS, INC.
OUR WEBSITE AND SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH OUR WEBSITE OR SERVICES WILL CREATE ANY WARRANTY, REPRESENTATION, OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
IN NO EVENT WILL DECO PLANTERS, INC. OR ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF OUR WEBSITE, CONTENT, SERVICES, OR ANY RELATED SOFTWARE ACCESSED THROUGH OR DOWNLOADED FROM OUR WEBSITE OR SERVICES, EVEN IF DECO PLANTERS, INC. IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, DECO PLANTER’S INC.’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO $500.
Users may be permitted from time to time to post their content to our Website (“User Content”). We have no control over User Content and do not in any way guarantee its quality, accuracy, or integrity. Deco Planters, Inc. is not responsible for the monitoring or filtering of any User Content. Should any User Content be found illegal, Deco Planters, Inc. will submit all necessary information to relevant authorities.
If any User Content is reported to Deco Planters, Inc. as being offensive or inappropriate, we are fully within our rights to ask the offending User to retract or otherwise modify the questionable content within 24 hours of being notified by Deco Planters, Inc. If the User fails to meet our request, Deco Planters, Inc. has full authority to restrict the User’s ability to post User Content OR to restrict or prohibit the User’s access to the Website and Services.
Without limiting the foregoing, we have sole discretion to remove any User Content that violates this Agreement or that is otherwise objectionable in our sole discretion. Users are responsible for complying with all applicable federal and state laws for their content, including copyright and trademark laws. Users will respect copyright and trademark laws.
You warrant that you will not use our Services to infringe on the intellectual property rights of others in any way. In accordance with the DMCA and other applicable law, we have adopted a policy of restricting the access of Users who we deem, in our sole discretion, to be infringers of others’ intellectual property rights.
As a User, you agree not to use our Services to do any of the following:
Upload, post, or otherwise transmit any User Content that:
Use our Content to:
You grant Deco Planters, Inc. a license to use any information and materials you post to our Website (“User Content”). By posting, displaying, transmitting, performing, or otherwise distributing User Content, you are granting Deco Planters, Inc., its officers, directors, employees, agents, consultants, representatives, and affiliates, a license to use the User Content in connection with the legitimate business purposes of Deco Planters, Inc., including, without limitation, a right to distribute, copy, transmit, publicly display, reproduce, translate, edit, and reformat User Content. You understand and agree that you will not be compensated for any User Content. By posting User Content on our Website or Services, you warrant and represent that you own the rights to the User Content or are authorized to post, display, distribute, perform, or transmit User Content.
We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including, but not limited to, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to Users.
You may provide links to our Website provided that (a) you do not remove or obscure any portion of our Website by framing or otherwise, (b) your website does not engage in illegal activities, and (c) you cease providing links to our Website immediately upon our request.
Our Website may from time to time contain links to third-party websites. Inclusion of links for any website on our Website does not mean that we endorse, guarantee, warrant, or recommend the services, information, content, and/or data of such third-party websites.
Deco Planters, Inc. has no control over the legal documents and privacy practices of third-party websites; you access any third-party websites at your own risk. We recommend that you review the privacy policies and terms and conditions of those websites to fully understand what information they collect and how they use the information.
You agree to indemnify, defend, and hold us and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third-party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates free from any liability, loss, claim, and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of our Website or Services.
Should any part of this Agreement be held invalid or unenforceable by a court of competent jurisdiction, that portion will be construed consistent with applicable law and the remaining portions will remain in full force and effect. To the extent that any Content is in conflict or inconsistent with this Agreement, this Agreement will take precedence. Our failure to enforce any provision of this Agreement will not be deemed a waiver of such a provision, nor of the right to enforce such a provision. Our rights under this Agreement will survive any termination of this Agreement.
We reserve the right to change these Terms and Conditions at any time without providing you notice. Your continued use of the Website and/or the Services constitutes acceptance of this Agreement, its terms, and any changes to same. Changes will become effective immediately upon implementation. If you do not agree with the changes to these Terms and Conditions, you can choose to discontinue the use of our Website and Services.
This Agreement and any policies or operating rules posted by us on the Website or in respect to the Website constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. This Agreement operates to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. You agree that this Agreement will not be construed against us by virtue of our having drafted the Agreement. You hereby waive any and all defenses you may have based on the electronic form of this Agreement and the lack of signing by the parties hereto to execute this Agreement.
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