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Terms & Conditions

General Terms

Use of Site:

Subject to your agreement to the terms and conditions of this Agreement including the Privacy Policy which is incorporated herein by reference, ShrubSource grants you a limited non-exclusive revocable license to access and make personal and non-commercial use of this ShrubSource site, provided you do not modify, alter, or download (other than page caching) any portion of it unless otherwise specifically provided herein or you have obtained written authorization in advance from ShrubSource. The permission granted to you shall terminate automatically and immediately if you breach any of the terms and conditions set forth in this Agreement. ShrubSource reserves the right to modify or remove any materials, products, or services listed on this ShrubSource site at any time without further notice. All rights not expressly granted herein, are expressly reserved by ShrubSource.

Prohibited Use of Site:

You will not make any commercial use of this ShrubSource site or its contents, product listings, descriptions, or prices. This ShrubSource site, or any portion of this site such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, trademarks and software, may not be reproduced, duplicated, copied, displayed, sold, resold, visited, or exploited for any commercial purpose without prior written consent of ShrubSource. You agree not to interfere, disrupt, or attempt to gain unauthorized access to this ShrubSource site, the ShrubSource sites, or any other related computer network. You further agree not to disseminate, store, or transmit viruses, Trojan horses, or any malicious code or program or engage in any other activity deemed by ShrubSource to be in conflict with the intent of this Agreement. You agree to use this site only for lawful purposes. Unauthorized use of this website may give to a claim for damages and/or be a criminal offence.

Compatibility:

You will be solely responsible for providing, maintaining, and ensuring compatibility with this site including all hardware, software, electrical and other physical requirements for your use of this ShrubSource site, including, without limitation, telecommunications, Internet access connections, web browsers or other equipment, and programs and services required to access and use this ShrubSource site.

Privacy:

ShrubSource does not sell or rent your personal information to third parties for their marketing purposes without your consent and we only use your information as described in the Privacy Policy.

Links:

Our website may contain links to enable you to visit other websites of interest easily. However, once you have used these links to leave our site, you should note that we do not have any control over the content or nature other websites. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.

If a third party links to our site, it is not necessarily an indication of endorsement, affiliation, relationship, or sponsorship by or with ShrubSource. ShrubSource may not even be aware that a third party has linked to our site.

Website Disclaimer:

The information contained in this website is for general information purposes only. The information is provided by ShrubSource and while we try to keep the information up-to-date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is strictly at your own risk. We therefore reserve the right to correct any errors, inaccuracies or omissions and change or update information at any time without prior notice (including after you have submitted your order). Please note that such errors, inaccuracies or omissions may relate to product description, pricing and availability. Every effort is made to keep the website up and running smoothly. However, ShrubSource takes no responsibility for and will not be liable for the website being temporarily unavailable due to technical issues beyond our control.

In no event will we be liable for any loss or damage including without limitation, indirect 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 website.

ShrubSource strives to maintain its inventory so that all items ordered are available for speedy shipment during our shipping season. However, due to rare availability circumstances, we reserve the right to the following with or without prior notice to you. If shrubs become unavailable for any reason, but are available for backorder within 30 days from the date on which the order was placed or for off season orders within 30 days from the start of our shipping season, we reserve the right to ship the entire order once the backorder shrubs become available so long as it is in that period of time. If the shrubs are not available within 30 days, ShrubSource will ship the portions of the order that are immediately available and the backorder shrubs will be shipped once they become available. If shrubs you ordered have no expected availability date , your money will be refunded for the unavailable shrubs. The adjusted shipping rate for the unavailable shrubs will also be refunded to you. All other available items on that order will be shipped, if applicable. Please contact us if you have any questions.

ShrubSource guarantees that all shrubs will arrive healthy, pest and disease free, and true by their name. If you are not happy for any reason upon receipt of our products, simply return the shrubs to us within 30 days and your money will be refunded. Please be aware that you are responsible for all shipping charges.

Waiver:

No waiver of any term, provision or condition of this Agreement, whether by conduct or otherwise in any given instance shall constitute a waiver of any kind, nor shall such waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver.

Law:

This Agreement is made in and shall be governed and construed by the laws of the State of Michigan, United States of America, without reference to conflicts of laws. If you access this ShrubSource site from locations outside Michigan or the United States, you are voluntarily and purposefully availing yourself of the laws of the State of Michigan, United States of America, and you are solely responsible for compliance with all your local laws. Access to this ShrubSource site from locations where this ShrubSource site's contents may be unlawful is prohibited. If any provision of this Agreement is determined to be illegal or unenforceable, then such provision will be enforced to the maximum extent possible and the other provisions will remain fully effective and enforceable.

Forum:

All actions, claims, or disputes arising under or relating to this Agreement shall be brought in the federal or state courts located in Ottawa County, Michigan. You irrevocably submit and consent to the exercise of subject matter jurisdiction and personal jurisdiction over you by the federal and/or state courts in Ottawa County, Michigan. You hereby irrevocably waive any and all objections which you may now or hereafter have to the exercise of personal and subject matter jurisdiction by the federal or state courts in Ottawa County, Michigan and to the laying of venue of any such suit, action, or proceeding brought in any such federal or state court in Ottawa County, Michigan.

Entire Agreement:

This Agreement constitutes the complete and exclusive statement of the agreement between the parties and supersedes any and all prior communications, representations, statements and understandings, whether oral or written, between the parties.