Terms of Service
Welcome to www.verticalgardenusa.com. VerticalgardenUSA.com LLC provides website features and other products and services to you when you visit or shop at www.verticalgardenusa.com, use our products, services, or mobile applications. These products and services are subject to our Terms of Service. If you disagree with any part of these terms of service, please do not use our website.
The terms 'we' 'us' 'our' 'Site' or ‘VerticalgardenUSA.com LLC’ refers to the owner of the website www.verticalgardenusa.com;
The term ‘you’ refers to the user or viewer of our website.
Specifically, BY USING THIS WEBSITE, YOU ARE AGREEING TO ABIDE AND BE BOUND BY THE TERMS OF SERVICE BELOW. Please read them carefully.
In addition, while we make every effort to keep the Site up and running smoothly, we do not take any responsibility for, nor will be liable for, the Site being temporarily unavailable due to technical issues beyond our control.
When you use our Site, purchase our products 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 or by posting notices on the 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.
All content included in or made available through our Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations is the property of VerticalgardenUSA.com LLC and/or its content suppliers and protected by United States and international copyright laws.
VerticalgardenUSA.com LLC RESERVE ALL RIGHTS. No part of this Site may be reproduced or transmitted in any form whatsoever, electronic, or mechanical, including photocopying, recording, or by any informational storage or retrieval system without express written, dated and signed permission from VerticalgardenUSA.com LLC, including the compilation of all content included in or made available through any portion of our Site, which is the exclusive property of VerticalgardenUSA.com LLC and protected by U.S. and international copyright laws.
In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available on any portion of the Site are the exclusive trademark or trade dress of VerticalgardenUSA.com LLC in the U.S., Canada and other countries. Our trademarks and trade dress may not be used in connection with any product or service that does not belong to VerticalgardenUSA.com LLC, or in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits us or our Site. All other trademarks not owned by VerticalgardenUSA.com LLC that appear on our Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us, and are used with the owner's permission. Any trademarks reproduced in this Site, which are not the property of, or licensed to the operator, are acknowledged on the Site.
If you register for an account on our 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. VerticalgardenUSA.com LLC does not sell products to or for children. We only sell them to adults, who can purchase with a credit card or other permitted payment method. If you are under 16, you may only use the Site with the supervision or involvement of a parent or guardian. Only persons over the age of 18 may make a purchase on our Site. VerticalgardenUSA.com LLC reserves the right, but not the obligation, to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors may post reviews, comments, 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 the content. VerticalgardenUSA.com LLC 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 us and our Site a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You also grant VerticalgardenUSA.com LLC and its sub-licensees, if any 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 VerticalgardenUSA.com LLC for all claims resulting from any content you supply. We have the right but not the obligation to monitor and edit or remove any activity or content. VerticalgardenUSA.com LLC takes no responsibility and assumes no liability for any content posted by you or any third party.
All items purchased from www.verticalgardenusa.com are shipped within 48 hours of ordering throughout the U.S.A. Items generally arrive between 7-15 business days, however, items can take up to thirty (30) business days to arrive outside the continental U.S. VerticalgardenUSA.com LLC makes absolutely no guarantee that any item will arrive for a specific date, including for December 25th or any other holiday or special occasion, unless otherwise expressly stated on our Site. Shipping and handling will be calculated on the order page based on the delivery zip code.
RETURNS AND REFUNDS
You may return any item, at your own expense to VerticalgardenUSA.com LLC for a full refund within 30 days of purchase, if the item is defective, damaged during shipping or not as described on the Site. Returned products must be returned in the same condition as received, (see requirements for a full refund). Returned items should be sent to:
C/o Pacific Plastics Injection Molding
1333 Keystone Way,
Vista, CA 92081.
VerticalgardenUSA.com LLC does not consider any item returned until the item actually arrives at our offices at the above address. At our discretion, in certain instances, a refund may be issued without requiring a return. In this situation, you do not need to ship the item to our office.
You must contact VerticalgardenUSA, LLC prior to returning any item to receive a return merchandise authorization number (RMA#)
Requirements for a Full Refund
- Items must be unused and in new condition
- Items must be returned with all original packaging and accessories
- Item must include the reason being returned
- If defective must include choice of refund or replacement unit
- A valid RMA# for the item being returned.
If you have questions before you place an order about Our Return and Refund Policy, please send us an email using the form on our Site. Shipping and handling charges for returning items to VerticalgardenUSA.com LLC are borne by you, the buyer.
It is highly recommended that the items be returned to us using a trackable shipping service. It is also recommended that items be insured for the value of the merchandise and shipped with a shipping service that requires a signature at delivery.
If your package doesn't arrive and you did not use a trackable method to return it we may not be able to refund your money. In addition, if you have not insured the package, the carrier you have chosen to ship the product may also refuse to cover your lost.
VerticalgardenUSA.com LLC attempts to be as accurate as possible. We are very proud of our vertical garden systems and believe you will be more than happy with the quality, durability and effectiveness of our systems. However, people can understand or interpret things differently than how we intended, and we all sometimes make mistakes. Accordingly we do not warrant that the product descriptions or other content, such as comments and/or reviews of our product or service is accurate, complete, reliable, current, or error-free. If our product is not as described, based on your understanding, your sole remedy is to return it in an unused condition. If the issue is due to an error we made we will work with you to to achieve a satisfactory resolution.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
VerticalgardenUSA.com Llc Offers All Information, Content, Materials, Products And Other Services Included On Or Otherwise Made Available To You Through The www.verticalgardenusa.com Site, On An "AS IS" And "AS Available" Basis, Unless Otherwise Specified In Writing.
In Addition The Information Contained On This Site, Including Any Comments And/Or Reviews Supplied By You And Other Site Visitors Is Provided For Information Purposes Only. While VerticalgardenUSA.Com Llc, Endeavours To Provide Up-To-Date And Accurate Information On Our Site, We Make Absolutely No Warranties Or Representations Of Any Kind, Express Or Implied, About The Completeness, Accuracy, Reliability, Suitability Or Availability With Respect To The Site Or The Information, Products, Services, Or Related Graphics Contained On The Site For Any Purpose.
To The Full Extent Permissible By Applicable Law, VerticalgardenUSA.Com Llc, Disclaims All Warranties, Express Or Implied, Including, But Not Limited To, Implied Warranties Of Merchantability And Fitness For A Particular Purpose. In No Event Will We Be Liable For Any Loss Or Damage Including Without Limitation, Direct, Indirect, Incidental, Punitive Or Consequential Loss Or Damage, Or Any Loss Or Damage Whatsoever Arising From Loss Of Data Or Profits Arising Out Of, Or In Connection With, The Use Of This Site, 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.
Any dispute or claim relating in any way to your use of any VerticalgardenUSA.com LLC services, our Site at www.VerticalgardenUSA.com, or to any products or services sold or distributed by us through our Site will be resolved by binding arbitration, rather than in court, The U.S. Federal Arbitration Act, The Rules of The American Arbitration Association, and the laws of Las Vegas, Nevada shall 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 Terms of Service as a court would.
The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes and international law. 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. VerticalgardenUSA.com LLC will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous, nor agree to pay such costs and fees. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where our offices are located.
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 using the services or purchasing products from VerticalgardenUSA.com LLC and/or our Site, you agree that the U.S. Federal Arbitration Act, The Rules of The American Arbitration Association, and the laws of Las Vegas, Nevada, without regard to principles of conflict of laws, will govern these Terms and of Use and any dispute of any sort that might arise between you and VerticalgardenUSA.com LLC.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
These policies govern your use of the www.verticalgardenusa.com Site. We reserve the right to make changes to our Site, policies, and these Terms of Service at any time. If any of these terms shall be deemed invalid, void, or for any reason unenforceable, that term shall be deemed severable and shall not affect the validity and enforceability of any remaining term.
2215-B Renaissance Dr,
Las Vegas, NV 89119.
Service of Process
If you have a subpoena or other legal process to serve on us, such as for the purposes of commencing an Arbitration Proceeding, you must send it to us by certified mail at the address given above. Please note that VerticalgardenUSA.com LLC does not accept service via e-mail or fax and will not respond to the subpoena, or documents unless served properly. All subpoenas and other legal documents must be properly served on us, preferably by mail, through the Nevada Secretary of State or in person at our business offices.
Please note also that providing detailed and accurate information at the outset will facilitate efficient processing of your request. That information will include, for example, e-mail and/or credit card number used to make purchases for retail purchase information.
ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE
By using this site, you signify your Assent and Agreement to these Terms of Service. If you do not agree to these Terms of Service, discontinue using the site immediately!
BY REGISTERING ON THIS WEBSITE, USING OUR SITE FEATURE, AND/OR MAKING A PURCHASE, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY THESE TERMS OF SERVICE AS SUCH TERMS MAY BE MODIFIED FROM TIME TO TIME.
From time to time we may supplement these Terms of Service with additional terms pertaining to specific content or events, (“Additional Terms”), which Additional Terms may be placed on the website to be viewed in connection with the specific content or events and shall be identified as such. You understand and agree that such Additional Terms are hereby incorporated by reference into these Terms of Service. In addition to any such additional terms, we also reserve the right to modify these Terms of Service, from time to time as needed in our sole discretion.
YOUR CONTINUED USE OF THE SITE AFTER ANY SUCH MODIFICATION, WHETHER OR NOT YOU HAVE REVIEWED SUCH MODIFICATIONS, WILL SIGNIFY YOUR ACCEPTANCE OF THESE TERMS OF SERVICE AND ANY MODIFICATIONS THERETO.