Terms and Conditions

ADVENTURE POTS AND PLANTS, L.L.C.

TERMS AND CONDITIONS

Thank you for choosing Adventure Pots and Plants, L.L.C.  Adventure Pots and Plants, L.L.C. owns and operates this website.  This document governs your relationship with Adventure Pots and Plants, L.L.C. and www.adventurepotsandplants.com and describes the Terms and Conditions of the access to and use of this website and the products and services available through this website and describes your rights and obligations regarding access and use of the website.  By using the website, you are agreeing to abide by these terms and conditions when using this website, which may be updated by us from time to time.  It is your responsibility to regularly check the website to take notice of any changes we may have made to these Terms and Conditions.

Access to this website is permitted on a temporary basis and Adventure Pots and Plants, L.L.C. reserves the right to withdraw or amend the products and services provided without notice.  Adventure Pots and Plants, L.L.C. will not be liable if for any reason this website is unavailable at any time or for any period.  From time to time, we may restrict access to some parts or all of this website.

This website may contain links to other websites (the “Linked Sites”), which are not operated by Adventure Pots and Plants, L.L.C.  Further, we have no control over the Linked Sites and accept no responsibility for them or for any loss or damage that may arise from your use of them.  Your use of the Linked Sites will be subject to their terms of use and service contained within each such Linked Site.

Legal Notices:

All notices from Adventure Pots and Plants, L.L.C. to you may be posted on the website and will be deemed delivered within five (5) days after the posting.  Notice from you to Adventure Pots and Plants, L.L.C. shall be made either by regular U.S. Mail, sent to the address provided on the website, or by first-class U.S. mail delivered to our address at:  P.O. Box 797, Loxahatchee, Florida 33470.  Such notices from you shall be deemed delivered upon receipt by Adventure Pots and Plants, L.L.C.

Terms of Use:

This website may contain other proprietary notices and copyright information, the terms of which must be observed and followed.  Information on this website may contain technical inaccuracies or typographical errors.  Information, including but not limited to, product pricing and availability, may be changed or updated without notice.  Adventure Pots and Plants, L.L.C., and its subsidiaries reserve the right to refuse service, terminate accounts, and/or cancel orders in its discretion, including without limitation, if we determine that your conduct violates applicable laws or is harmful to the interests of Adventure Pots and Plants, L.L.C. and it subsidiaries.

Copyright Notice:

All content appears on this website is the property of Adventure Pots and Plants, L.L.C. Copyright @ 2021 Adventure Pots and Plants, L.L.C.  All rights reserved.  As a user, you are authorized only to view, copy, and print documents on this website so long as: (1) the document is used for informational purposes only, and (2) any copy of the document (or portion thereof) includes the following copyright notice:  Copyright © 2021 Adventure Pots and Plants, L.L.C.  All rights reserved.  You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this website, nor may you use any such content in connection with any business or commercial enterprise.

The intellectual property rights in all software and content (including photographic images) made available to you on or through this website remains the property of Adventure Pots and Plants, L.L.C. or its licensors and are protected by copyright laws.  All such rights are reserved by Adventure Pots and Plants, L.L.C. and its licensors.

Trademarks:

All brand, product, service, and process names appearing on this website are trademarks of their respective holders.  Reference to or use of a product, service, or process does not imply recommendation, approval, affiliation, or sponsorship of that product, service, or process by Adventure Pots and Plants, L.L.C.  Nothing contained herein shall be construed as conferring by implication, estoppel, or otherwise any license or right under any patent, copyright, trademark, or other intellectual property right of Adventure Pots and Plants, L.L.C. or any third party, except as expressly granted herein.

Privacy Policy:

Adventure Pots and Plants, L.L.C. is committed to protecting your privacy.  This Privacy Policy applies to this website and governs the way Adventure Pots and Plants, L.L.C. collects and uses your data.  By using this website, you consent to the data practices described herein and warrant that all data provided by you is accurate.

Adventure Pots and Plants, L.L.C. may collect personally identifiable information, such as your name, address, telephone number, and email address.  Adventure Pots and Plants, L.L.C. may also collect anonymous information such as your age, gender, preferences, and interests.  Adventure Pots and Plants, L.L.C. may also collect information about your computer hardware and software that includes your IP address, domain names, dates and times when you access this website, and browser information.

Adventure Pots and Plants, L.L.C. may use your contact information provided on this website or otherwise provided to us to contact you with promotional information about Adventure Pots and Plants, L.L.C. products, update you on your orders, and otherwise perform the services you request.  Adventure Pots and Plants, L.L.C. does not sell or lease personally identifiable customer information to third parties.  Adventure Pots and Plants, L.L.C. may share the data it collects with its trusted third party contractors and partners to provide you support, data analysis, or enhance its products, and facilitate its services.  All such third parties are contractually required to keep all such data confidential and are prohibited from using your personal information except to provide these services for Adventure Pots and Plants, L.L.C.  Adventure Pots and Plants, L.L.C. will disclose any data we collect without notice if we are required to do so by law or if we determine it is necessary to protect our rights.

Prohibitions:

You must not misuse this website.  You will not: commit or encourage a criminal offense; transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the products or services; corrupt data; cause annoyance to other users; use vulgar or racially insensitive language; infringe upon the rights of any other person's proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as "spam;" or attempt to affect the performance or functionality of any computer facilities of or accessed through this website.  Breaching this provision would constitute a criminal offense and Adventure Pots and Plants, L.L.C. will report any such breach to the relevant law enforcement authorities and disclose your identity to them.

Adventure Pots and Plants, L.L.C. will not be liable for any loss or damage caused by a distributed attack, virus or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this website or to your downloading of any material posted on it, or on any website linked to it.

Terms of Sale:

By placing an order you are offering to purchase a product “as is” on and subject to the following terms and conditions.  All orders are subject to availability and confirmation of the order price.  Dispatch times may vary according to availability and subject to any delays resulting from postal delays or force majeure for which Adventure Pots and Plants, L.L.C. will not be responsible.

In order to contract with Adventure Pots and Plants, L.L.C. you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to Adventure Pots and Plants, L.L.C.  Further, Adventure Pots and Plants, L.L.C. retains the right to refuse any request made by you.  If your order is accepted, Adventure Pots and Plants, L.L.C. will inform you by email and will confirm the identity of the party with which you have contracted.  This will usually be Adventure Pots and Plants, L.L.C. or may in some cases be a third party.  Where a contract is made with a third party, Adventure Pots and Plants, L.L.C. is not acting as either agent or principal and the contract is made between yourself and that third party and will be subject to the terms of sale which they supply you.  When placing an order you warrant that all information you provide to Adventure Pots and Plants, L.L.C. is true and accurate, that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the products and/or services.  The cost of foreign products and services may fluctuate.  All prices advertised are subject to such changes.

The Contract:

When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order.  This email will only be an acknowledgement and will not constitute acceptance of your order.  A contract between you and Adventure Pots and Plants, L.L.C. will not be formed until we send you confirmation by e-mail that the goods which you ordered have been dispatched to you.  Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.

Pricing & Availability:

While Adventure Pots and Plants, L.L.C. tries and ensures that all details, descriptions and prices which appear on this website are accurate, errors may occur.  If Adventure Pots and Plants, L.L.C. discovers an error in the price of any goods which you have ordered, Adventure Pots and Plants, L.L.C. will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it.  If we are unable to contact you, we will treat the order as cancelled.  If you cancel and you have already paid for the goods, you will receive a full refund.  Delivery costs will be charged and such additional charges are clearly displayed where applicable and included in the Total Cost.

Payment:

You may purchase merchandise from this website by using any one of the payment options listed: All major credit/debit cards & PayPal.  Adventure Pots and Plants, L.L.C. reserves the right to change its payment procedures at any time without prior notice to you.  Upon receiving your order, Adventure Pots and Plants, L.L.C. carries out a standard authorization check on your payment card to ensure there are sufficient funds to fulfill the transaction.  Your card will be debited upon authorization being received. The monies received upon the debiting of your card shall be treated as a deposit against the value of the goods you wish to purchase.  Once the goods have been dispatched and you have been sent a confirmation email, the monies paid as a deposit shall be used as consideration for the value of goods you have purchased as listed in the confirmation email.

Shipping and Delivery:

At this time, Adventure Pots and Plants, L.L.C. ships merchandise to locations within the Continental United States.  Currently, we do not ship merchandise to Hawaii, Alaska, or any U.S. Territories or international locations.  The risk of loss and title for all merchandise ordered on this website passes to you when the merchandise is delivered to the shipping carrier.

Sales Tax:

Adventure Pots and Plants, L.L.C. chares sales tax for merchandise ordered on this website based on the applicable Florida state sales tax rate.

Return Policy:

Adventure Pots and Plants, L.L.C. handles returns and replacements on a case-by-case basis with the ultimate objective of making our customers happy.  If you are not happy with your recent purchase, please email us at sales@adventurepotsandplants.com within twenty (24) hours of delivery with photo evidence of the basis for your dissatisfaction as well as a written description.

Please note that Adventure Pots and Plants, L.L.C. is not responsible for packages returned to us by the carrier due to incorrect or incomplete address or delivery information.  Adventure Pots and Plants, L.L.C. is also not responsible for any damage to the produce caused by the carrier.  Adventure Pots and Plants, L.L.C. assumes no responsibility due to climate condition damage to the product at any given moment once shipped.

Liability Disclaimer:

The content included in this website has been compiled from a variety of sources and is subject to change without notice as are any products, programs, offerings, or technical information described in this website.  Adventure Pots and Plants, L.L.C. makes no representation or warranty whatsoever regarding the completeness, quality, or adequacy of the website or content, or the suitability, functionality, or operation of this website or its content.  The material displayed on this website is provided without guarantees, conditions or warranties as to its accuracy.  By using this website, you assume the risk that the content on this website may be inaccurate, incomplete, offensive, or may not meet your needs and requirements.  Further, when ordering any particular product you assume the risk should you, a third-party, or any animal or pet have an adverse reaction to consuming such product and/or due to an allergy to the product, and you shall indemnify and hold Adventure Pots and Plants, L.L.C. harmless from liability for the same.

Unless expressly stated to the contrary to the fullest extent permitted by law, Adventure Pots and Plants, L.L.C. and its suppliers, content providers, and advertisers hereby expressly exclude all conditions, warranties, and other terms which might otherwise be implied by statute, common law, or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this website, the Linked Sites, or any materials or products posted thereon or obtained therefrom, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law, or otherwise.  This does not affect Adventure Pots and Plants, L.L.C.’s liability for death or personal injury arising from its gross negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter, or any other liability which cannot be excluded or limited under applicable law.

ADVENTURE POTS AND PLANTS, L.L.C. SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT WITH RESPECT TO THIS WEBSITE AND CONTENT.  IN NO EVENT WILL ADVENTURE POTS AND PLANTS, L.L.C. BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES TO YOU OR TO ANY THIRD PERSON EVEN IF ADVENTURE POTS AND PLANTS, L.L.C. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING DAMAGE FOR LOSS OF USE, PROFITS OR DATA.  TO THE EXTENT THAT A JURISDICTION DOES NOT PERMIT THE EXCLUSION OR LIMITATION OF LIABILITY AS SET FORTH HEREIN, THE LIABILITY OF ADVENTURES POTS AND PLANTS, L.L.C. IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

The information and content on this website is provided "as is" with no warranty of any kind, either express or implied.

Indemnity:

By using this website, you agree to indemnify, defend and hold harmless Adventure Pots and Plants, L.L.C., its officers, agents, affiliates, employees, vendors, and service providers (“Adventure Pots and Plants, L.L.C. Entities”), from and against all claims, judgments, losses, damages, liabilities, suits, demands, fines, penalties, or fees of any kind, including attorneys’ fees, that arise from or are related to, directly or indirectly, any lawsuit brought against Adventure Pots and Plants, L.L.C. that arises out of or is in connection with:

Your use of this website, including any content or information you upload;

Your breach of any of these Terms & Conditions;

Any misrepresentation made by you related to your use of this website;

Your violation of any laws or regulations related to your use of this website, including without limitation copyright, trademark, trade secret, patent, publicity, privacy, or other right of any person or entity; and

The use of any information that you submit to Adventure Pots and Plants, L.L.C.

Further, you agree to indemnify, defend and hold harmless Adventure Pots and Plants, L.L.C., its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use of this website or your breach of these Terms and Conditions.

You also agree to cooperate fully with Adventure Pots and Plants, L.L.C. in the event of any situation listed above in this section.  In addition, Adventure Pots and Plants, L.L.C. reserves the right to settle, negotiate, and pay any and all claims listed above.  Adventure Pots and Plants, L.L.C. also reserves the right to assume control over its defense of any claim listed above.

Customers with Disabilities:

If you are having difficulty viewing the content on or navigating this website, please contact us at sales@adventurepotsandplants.com and we will do everything we can to ensure you are able to use this website and browse and purchase goods and services we offer.

Miscellaneous:

VOID WHERE PROHIBITED:  Although the information on this website is accessible worldwide, not all products or services discussed in this website are available to all persons or in all geographic locations or jurisdictions.  Adventure Pots and Plants, L.L.C. and the advertisers each reserve the right to limit the provision of their products or services to any person, geographic area, or jurisdiction they so desire and to limit the quantities of any products or services that they provide.  Any offer for any product or service made in the materials on this website is void where prohibited.

GOVERNING LAW:  By using this website, you agree that in the event of litigation, the Laws of the State of Florida shall apply, and you consent to the jurisdiction of the courts of the State of Florida, or in the event of diversity of citizenship, the United States District Court for the Southern District of Florida, and YOU WAIVE YOUR RIGHT TO A JURY TRIAL.

MEDIATION AND ARBITRATION:  By using this website, you agree that in the event of any dispute between you and Adventure Pots and Plants, L.L.C., you will first attempt to resolve the dispute by:

Sending a written description of your dispute to the Adventure Pots and Plants, L.L.C. registered agent as listed with the Florida Department of State, Division of Corporations;

Negotiating in good faith with an authorized representative of Adventure Pots and Plants, L.L.C.; and

Mediating with an authorized representative of Adventure Pots and Plants, L.L.C. and a Florida certified mediator.

You agree that final and binding arbitration will be the sole and exclusive forum and remedy for any and all disputes and claims you have with or against Adventure Pots and Plants, L.L.C. that you are unable to resolve using the process outlined above and that relate in any way to or arise out of your use of this website, except for disputes involving any allegation that you have infringed upon or violated any of the Adventure Pots and Plants, L.L.C. or any third party’s patent, copyright, trademark, trade secret, privacy or publicity rights, in which case you acknowledge that there is no adequate remedy at law and that Adventure Pots and Plants, L.L.C. may obtain an injunction against you through either litigation or arbitration.  Any arbitration between you and Adventure Pots and Plants, L.L.C. shall be conducted by the American Arbitration Association (“AAA”) and administered by the AAA under its Consumer Arbitration Rules.

In any arbitration or litigation between you and Adventure Pots and Plants, L.L.C., you agree to pay your own fees, costs, and expenses, including attorneys’ fees.

ENTIRE AGREEMENT: These Terms and Conditions constitute the entire agreement between you and Adventure Pots and Plants, L.L.C. with respect to this website.  The Terms and Conditions supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written between you and Adventure Pots and Plants, L.L.C. with respect to this website.

MODIFICATION:  No modification of the Terms and Conditions shall be effective unless it is authorized in writing by Adventure Pots and Plants, L.L.C.

SEVERABILITY:  If any provision of the Terms and Conditions is found to be contrary to law, then such provision(s) shall be constructed in a manner to closely reflect, as much as possible, the intentions of the parties, with the other provisions remaining in full force and effect.

FORCE MAJEURE:  Adventure Pots and Plants, L.L.C. shall be excused from performance under these Terms & Conditions if Adventure Pots and Plants, L.L.C. is prevented, forbidden, or delayed from performing due to:

Any provision of any law, regulation, or court order;

Any act or omission by a third party;

Any act of God, emergency, declaration of war, natural disaster, computer or telecommunications failure; or

Any other circumstance beyond the control of Adventure Pots and Plants, L.L.C.