These Terms of Service (collectively, these “Terms of Service”) are agreed to as of this day by you (the “User,” “you” or “your”) and GardenRoomShop.com Corporation (GardenRoomShop.com) and our related technology systems (collectively, the “Website”). These Terms of Service also set forth the terms and conditions that apply to the use of the Website and any User’s subscription to GardenRoomShop.com’s newsletter or purchase of any online service or product offered by GardenRoomShop.com (collectively, “Online Services”).
Compliance with These Terms of Service
Using our Website and Online Services
You shall not, and you shall not attempt to or otherwise authorize, encourage, or support a third party’s attempts to, create derivative works of or make commercial use of the content on our Website (“Content”). You shall also not, and you shall not attempt to or otherwise authorize, encourage, or support a third party’s attempts to, circumvent, re-engineer, decrypt, break, or otherwise alter or interfere with our Website in any manner. You shall also not reproduce, modify, distribute, sell, or otherwise transfer any rights in and/or to any Content. You shall not metatag, provide links to, frame, or mirror our Website without the prior express written permission of GardenRoomShop.com.
You acknowledge that you are solely responsible for providing and maintaining all equipment, hardware, software and means of communication, and charges for all related services, for your access to and use of the Website and our Online Services.
Intellectual Property Rights
The name “GardenRoomShop.com”, GardenRoomShop.com, and other trade names, URLs, and Website domain names owned and/or operated by GardenRoomShop.com, and GardenRoomShop.com’s graphics, logos, page headers, button icons, scripts, and service names are copyrights, service marks, trademarks and/or trade dress of GardenRoomShop.com (collectively, the “Proprietary Marks”). You may not use the Proprietary Marks without the prior express written permission of GardenRoomShop.com, which permission may be withheld in GardenRoomShop.com’s sole discretion. GardenRoomShop.com makes no proprietary claim to any third party names, trademarks, or service marks appearing on our Website. Any third party names, trademarks, and service marks are property of their respective owners.
The Content, downloads, and other data and information viewable on, contained in, or downloadable from our Website and the Proprietary Marks, and all other intellectual property, proprietary rights, or other rights related to tangible and intangible property which are used, developed, comprising, embodied in, or provided in connection with our Website and Online Services (collectively, the “Intellectual Property”), including, without limitation, all text, graphics, charts, pictures, photographs, images, line art, icons, and renditions, are copyrighted or trademarked by, or otherwise licensed to, GardenRoomShop.com or its Content suppliers. All software used for our Website (the “Software”) is the property of GardenRoomShop.com or its software vendors and is protected by U.S. and international copyright laws. Viewing, reading, printing, downloading, or otherwise using the Intellectual Property does not entitle you to any ownership or intellectual property rights in and/or to the Intellectual Property or the Software.
You shall be solely responsible for any damage resulting from your infringement of GardenRoomShop.com’s or any third party’s intellectual property rights regarding the Proprietary Marks, the Intellectual Property the Software, and/or any other harm incurred by GardenRoomShop.com or any third party as a direct or indirect result of your copying, distributing, redistributing, transmitting, publishing, or using the same for purposes that are contrary to the terms and conditions of these Terms of Service or applicable law.
Notwithstanding anything to the contrary herein, links from the Website are provided as a convenience to the visitors thereof. No third party website that is linked to the Website or the content thereof has been developed by GardenRoomShop.com and GardenRoomShop.com has not reviewed, and is not responsible for, the content of any such third party websites. GardenRoomShop.com makes no guarantees, representations, or warranties as to, and shall have no liability for, any content contained in or derived from any third party website.
By using our Website or using an Online Service, you consent to receive communications from www.GardenRoomShop.com electronically. Although GardenRoomShop.com may choose to communicate with you by other means, GardenRoomShop.com may also choose to solely communicate with you electronically by e-mail or by posting notices on our Website. You agree that all agreements, notices, disclosures, and other communications that GardenRoomShop.com sends to you electronically satisfy any legal requirement that such communications be in writing.
Disclaimer of Warranties
ALL CONTENT CONTAINED ON GardenRoomShop.com’S WEBSITE OR NEWSLETTER, OR ANY OTHER PRODUCTS OR MATERIALS PROVIDED BY OR THROUGH GardenRoomShop.com OR WHICH IS OTHERWISE DERIVED OR ACQUIRED BY ANY PERSON THEREFROM IS “AS IS”, “WHERE IS” AND “WITH ALL FAULTS”. GardenRoomShop.com MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. GardenRoomShop.com HEREBY SPECIFICALLY DISCLAIMES ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND ANY AND ALL OTHER IMPLIED WARRANTIES. Notwithstanding any other agreement or other communications to the contrary, receipt or use of any content contained on the Website or Online Services, or that is derived or acquired by User therefrom at any time and through any means, whether directly or indirectly, represents such User’s acknowledgement of this Disclaimer of warranties and his or her agreement with the terms and conditions contained herein.
GardenRoomShop.com’s Return Policy applies to your purchase of any materials or products from the GardenRoomShop.com through the Website (collectively, the “Product”). If you ordered an incorrect Product or need to return a Product for other reasons, you may return the Product to the Company for a refund within thirty (30) days of delivery of the Product to you, subject to the following terms and conditions:
You must first contact GardenRoomShop.com by e-mail at firstname.lastname@example.org to request a Returned Material Authorization (RMA) number. Write the RMA number on the shipping label of each box to be returned. Please be advised that any Product returned without an RMA number or returned beyond 30 days of delivery of the Product to you, will not be accepted and will be returned to you at your expense.
Products must be un-opened in their original packaging to be accepted for return. If GardenRoomShop.com elects to accept the return of an opened Product (which it may decline in its sole discretion), such opened Products are subject to a 20% restocking fee.
GardenRoomShop.com does not reimburse shipping costs to return an item.
Return packages with insufficient postage will not be accepted.
Products must be returned and received by GardenRoomShop.com in original condition. We will not accept Products damaged in return transit, so please be sure to package the Product well and consider insuring the package.
No returns/refunds/exchanges on discontinued items and clearance items.
If Products are originally purchased with a Gift Certificate Voucher, a Gift Certificate Voucher will be given as payment for return.
GardenRoomShop.com’s refund policy only applies to Products, and does not apply to any memberships, registrations or subscriptions to Online Services.
Users may cancel their subscription for Online Services at any time upon the delivery of written notice to the following: (a) by e-mail to email@example.com, or (b) by U.S. mail or other delivery to GardenRoomShop.com Corporation, Attn: President, PO Box 17463, West Palm Beach, FL 33416.
From time to time, GardenRoomShop.com may endorse, promote or suggest services and/or products. GardenRoomShop.com’s recommendations will be based solely on GardenRoomShop.com’s determination that the service/product is of value to Users based on a review thereof by GardenRoomShop.com, and/or GardenRoomShop.com’s relationship with the provider/producer of such service/product and/or GardenRoomShop.com’s prior usage of such service/product. GardenRoomShop.com may be compensated for its recommendations. GardenRoomShop.com may receive sample services/products for the purpose of conducting a review thereof. GardenRoomShop.com’s policy is to conduct to the best of its ability an unbiased review of such services/products. If a service/product does not meet GardenRoomShop.com’s standards or expectations, or is deemed unsafe or is likely to be unsafe, such findings will be noted in the corresponding review of such service/product. Notwithstanding the foregoing, no review shall be deemed to be a guarantee, representation or warranty as to the suitability of any service/product for any particular purpose, and no review should be relied upon by any person in making a determination to purchase, acquire or utilize any such service/product. The determination to utilize any service/product for which GardenRoomShop.com provides a review shall be solely the responsibility of the person utilizing such service/product and GardenRoomShop.com shall not be liable in any way as a result of any such person’s use of any such service/product.
Limitation on Liability of GardenRoomShop.com
Any liability of GardenRoomShop.com, whether in contract, tort, negligence, or otherwise, shall be limited in the aggregate to direct and actual damages not to exceed the fees received by GardenRoomShop.com from any User in connection with such use of, registration for and subscription to any Online Services. GardenRoomShop.com will not be liable for any losses, damages, claims, costs, expenses or other liabilities resulting directly or indirectly from the use of or reliance upon any content contained in the Website or Online Services. Without limitation, GardenRoomShop.com shall not be responsible or liable for any loss or damages, either directly or indirectly, related to (1) any loss of any kind; (2) an inability to access or utilize, or any delay in accessing or utilizing, the Website or any links contained therein to or from any other websites or content; (3) any information or content not contained on the Website, or the failure of GardenRoomShop.com to provide, or any delay in providing, any particular content, or any error in the transmission of any content; or (4) the use of any content contained on the Website in any way that may be deemed unsuitable for its intended purpose or that is against industry standards.
We reserve the right to amend these Terms of Service at our sole discretion and at any time. You should review these Terms of Service periodically to check for amendments. We will post notice of modifications and additions to these terms on this page. Changes will not apply retroactively and will become effective immediately after they are posted. However, changes addressing new functions for an Online Service or changes made for legal reasons will be effective immediately.
(Last Revised August 2014)
SMS Terms and Conditions
The following terms and conditions apply to the GardenRoomShop.com, inc. text message program (the “Program”). Please read these terms and conditions carefully. By enrolling in the Program, you agree to these terms and conditions.
By enrolling in the Program, you consent for GardenRoomShop.com, inc. to use an automated system to send marketing text messages to the telephone number(s) you provided at enrollment. You acknowledge that your consent to receive these messages is not required to purchase any goods or services.
Program Description and Cost
As part of the Program, GardenRoomShop.com, inc. will send you text messages with relevant offers or other information you may be interested in GardenRoomShop.com, inc. does not charge any fee to participate in the Program. Message and data rates may apply as provided in your mobile telephone service plan (please contact your mobile carrier for details).
GardenRoomShop.com, inc. anticipates a typical Program participant will receive approximately 3-5 messages per Month; however, the number of text messages you receive may vary. The actual frequency may exceed or fall below the anticipated range.
Supported carriers include:
• Alltel • Boost • AT&T • MetroPCS • Sprint • T-Mobile • US Cellular • Verizon Wireless • Virgin Mobile US • ACS Wireless • Allied Wireless • All West Wireless • Amerilink Wireless • Arch Wireless • Bluegrass • Cambridge • Cellcom • Cellular One • Cellular One of Montana • Cellular One of NE PA • C-Spire Wireless • Central Wireless • Chat Mobility • Cincinnati Bell • Cricket • Dobson Cellular • DTC Wireless • ECIT • East Kentucky Network • Edge Wireless • Element Mobile • FMTC • GCI Communications • Illinois Valley Cellular • Immix • Inland Cellular • Iowa Wireless • iWireless • Metrocall US • Mid-Tex Cellular • Midwest Wireless • Next-Tech Wireless • NNTC Wireless • North Coast PCS • Northwest Missouri Cellular Ntelos • Pacific Bell • Panhandle Wireless • Pioneer Cellular • Plateau Wireless • Pocket Wireless • Qwest Wireless • Revol • Rural Cell • Silver Star PCS • Simmetry • Snake River PCS • South Central • Southwestern Bell • Suncom • Syringa Wireless • Triton PCS • UBET Wireless • Unicel • United • Viaero Wireless • West Central Wireless • Western Wireless
Supported carriers are not responsible for the Program and may not be held liable for any problem or claim arising in connection with it.
You may opt-out of the Program by texting STOP to 797-979. You consent to receive one message confirming your opt-out. If you are participating in any other text message programs provided by GardenRoomShop.com, inc. you must opt-out of those programs separately.
You may obtain assistance with the Program by texting HELP to 797-979
Your Mobile Number & Indemnification
You represent that you are the account holder for the mobile telephone number you provided and that you are a United States resident 18 years of age or older. If your phone number changes, you must notify GardenRoomShop.com, inc. immediately at 1-877-252-5020 / support@GardenRoomShop.com. You agree to indemnify GardenRoomShop.com, inc. for all claims, expenses and damages related to or caused in whole or in part by your failure to notify GardenRoomShop.com, inc. immediately of a change in your telephone number.
Disclaimer of Warranties
The Program and all information conveyed by it are provided to you on an “AS-IS” and “AS AVAILABLE” basis, and AT YOUR OWN RISK TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW. To the fullest extent permitted under applicable law, GardenRoomShop.com, inc. disclaims all warranties, whether express or implied, including without limitation, any warranties of title, merchantability, non-infringement and fitness for a particular purpose and all warranties regarding security, currency, correctness, quality, accuracy, completeness, reliability, performance, timeliness, or continued availability. GardenRoomShop.com, inc. is not responsible for cellular network or equipment performance and you release it of any liability for claims based on hardware, software, electronic, network or other communications malfunctions such as incomplete messages, delayed transmissions or any technical difficulty that may limit your ability to send or receive a message.
The Program and these terms and conditions are governed by the laws of the State of Florida, without regard to its conflict of laws principles.
Formal Arbitration Dispute Resolution
Any controversy, claim or dispute arising out of or related to these terms and conditions or the Program, including, but not limited to, alleged violations of state or federal statutory or common law rights or duties (a “Dispute”) shall be solely and exclusively resolved according to the procedures set forth in this paragraph. If the parties are unable to resolve any Dispute through informal means, either party may initiate binding arbitration of such Dispute by sending notice demanding arbitration to the other party. The demand for arbitration shall be made within a reasonable time after the Dispute has arisen, but in no event, shall it be made more than one year from when the aggrieved party knew or should have known of the controversy, claim or facts forming the basis of the Dispute. The arbitration shall be initiated and conducted according to American Arbitration Association rules and procedures for consumer arbitration (the “Arbitration Rules”). The arbitration shall be conducted in Palm Beach County, Florida before a single neutral arbitrator appointed in accordance with the Arbitration Rules with the option to appeal the arbitrator’s decision to Optional Appellate Arbitration in accordance with the Arbitration Rules. The arbitrator shall not have the power to award punitive damages against any party. Arbitration costs and fees shall be divided according to the Arbitration Rules. Attorneys’ fees shall be borne by each party independently and no party shall be liable for the attorneys’ fees of the other party. No disputes may be arbitrated on a class or representative basis and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated. TO THE FULLEST EXTENT PERMITTED BY LAW, EACH PARTY IRREVOCABLY WAIVES ANY RIGHT IT MAY HAVE TO JOIN CLAIMS OR DISPUTES WITH THOSE OF OTHERS IN THE FORM OF A CLASS ACTION, CLASS ARBITRATION OR SIMILAR PROCEDURAL DEVICE AND WAIVES ANY RIGHT IT MAY HAVE TO PRESENT ITS CLAIM OR DISPUTE IN A COURT OF LAW. Judgment on the award rendered by the arbitrator(s), if any, may be entered for enforcement purposes in any court having jurisdiction thereof.
[Last Revised January, 2019]
GardenRoomShop.com / Terms of Service
Conditions of Use
GardenRoomShop.com INC abides by all Federal, State, and Local laws concerning the sales and shipment of regulated items.
GardenRoomShop.com INC and other marks indicated on our site are trademarks owned exclusively by GardenRoomShop.com INC. The use of these trademarks and trade dress is prohibited if used in connection with the sale of any product that is not associated with GardenRoomShop.com INC, in any manner that seeks to disparages or discredit GardenRoomShop.com INC or in any manner that may cause confusion among our customers.
All content on this website is the exclusive property of GardenRoomShop.com INC. Said content includes text, graphics, logos, icons, images, audio and video clips, digital downloads, and software. Our content is protected by United States and international copyright laws and we reserve all rights contained therein. In case of dispute or infringement, we will rigorously defend our rights to this material.
PROTECTING YOUR ACCOUNT
Some portions of this website permit username and passwords to be used. You are responsible for protecting your unique username and password and you agree to be responsible for all activities performed under your user account.
LICENSE AND SITE ACCESS
GardenRoomShop.com INC grants you (the user) a limited license to access and make personal use of this website. This license does not include the right to download any material (other than routine page caching), modify any material, or any portion thereof, without the express written consent of GardenRoomShop.com INC. This license excludes the download or collection of logos, product descriptions, pricing, text, graphics, audio and video clips, and/or copying account information. This website or any portion of this website may not be reproduced, duplicated, copied, sold, visited, or otherwise exploited for any commercial purpose without express written permission of GardenRoomShop.com INC. You are prohibited from using meta tags or any other hidden text utilizing GardenRoomShop.com INC's name or trademarks without the express written consent of GardenRoomShop.com INC. Any unauthorized use of this websites voids the limited license granted by GardenRoomShop.com INC.
CONTENT SUBMITTED BY SITE USERS
If you do post content to this site or otherwise submit material (including, but not limited to, photographs and testimonials), you grant GardenRoomShop.com INC and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. By your submission 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 GardenRoomShop.com INC or its affiliates for all claims resulting from content you supply. GardenRoomShop.com INC reserves the right to remove any content at our sole discretion.
LIMITATION OF LIABILITY
This site is provided by GardenRoomShop.com INC on an "as is" and "as available" basis. GardenRoomShop.com INC makes no warranties, either expressed or implied, as to the operation of the site or the content contained therein. You expressly agree that your use of www.GardenRoomShop.com is at your own risk.
GardenRoomShop.com INC cannot warrant that this site, our servers, or email communications affiliated with the use of this website, are free from viruses. GardenRoomShop.com INC will not be responsible for any damages of any kind resulting from use of this website, including but not limited to direct, indirect, incidental, punitive, and consequential damages.
REDEMPTION OF FREE PRODUCT AND COUPON OFFERS
From time to time, GardenRoomShop.com INC offers its clients special offers and discount codes to be used in conjunction with this website. These offers are frequently disseminated via this website and through email to those who have registered for our email database. They are sometimes posted on our home page (www.GardenRoomShop.com) or announced via other means of communication in conjunction with the promotion of the GardenRoomShop.com INC product collection, including radio and TV broadcasts, internet forums and various online websites.
We encourage our clients to redeem these special offers, but we respectfully ask that you not exploit them. GardenRoomShop.com INC, at our sole discretion, will determine if all purchasing criteria has been met to qualify for stated discount or free product. If you successfully circumvent the software safeguards of this website in order to receive several free products with your order, then we will (at our sole discretion) remove any extraneous free product from your order or cancel the order in its entirety. You will be informed of any order changes via the phone number or email address listed with your order. Please, play fair…
By visiting www.GardenRoomShop.com, you agree that the laws of the state of Georgia, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and GardenRoomShop.com INC.
CHANGES IN POLICY
GardenRoomShop.com INC reserves the right to modify, alter, delete and update these policies at any time we see fit. Such alterations do not nullify our rights if infringements or breaches occurred under a previous version of these conditions.
TERMS AND CONDITIONS OF PURCHASE
It is the buyer's full responsibility to make sure the firearm, ammunition, or accessories they are purchasing is legal to own in their state or jurisdiction. By placing an order, the Buyer attests they are not prohibited by law, or any other regulation to own, receive, possess, or use ANY product purchased from GardenRoomShop.com INC. It is the Buyer's responsibility to ascertain if a product is legal to own in their area. Buyer agrees that they are legally allowed to own the items as detailed above. Buyer further agrees that all products purchased from GardenRoomShop.com INC will be used only for lawful purposes. Buyer further agrees that any disputes will be governed by the laws of the state of Florida