Last updated: April 25, 2016
Cabinet Garden™ (the “Company”), provides website features and other products and services to you when you visit or shop at the Cabinet Garden™ site, use Cabinet Garden™ products (“Products”) or services, or use mobile applications or other software provided by the Company (“Software”) in connection with any of the foregoing (collectively,“Services”). The Company provides Cabinet Garden™ Products and Services subject to the following conditions.
By using Cabinet Garden™ Products or Services, you agree to these conditions. Please read them carefully.
When you use a Service you also will be subject to the guidelines, terms and agreements applicable to that Service, if any (“Service Terms“). If any language in this Agreement is inconsistent with the Service Terms, those Service Terms will control.
When you use any Cabinet Garden™ Service, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically. We may communicate with you in a variety of ways, such as by email, text, in-app push notices, or by posting notices and messages on this site or through the other Services. 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.
LICENSE AND ACCESS
Subject to your compliance with this Agreement and your payment of any applicable fees, Cabinet Garden™ or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Services. This license does not include any resale or commercial use of any Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in this Agreement or any Service Terms are reserved and retained by the Company or its licensors, suppliers, publishers, rights holders, or other content providers. No Service, nor any part of any Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the Company’s express written consent. You may not misuse the Services. You may use the Services only as permitted by law. The licenses granted by the Company terminate if you do not comply with the terms of this Agreement or any Service Terms.
If you use any Service, 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. Use of any Cabinet Garden™ Service by persons under 18 is prohibited. The Company reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
To the extent permitted by any Service, visitors may post or submit reviews, comments, questions, suggestions, ideas, or other information (“Content”), 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” or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any Content. Cabinet Garden™ reserves the right (but not the obligation) to remove or edit any and all Content at any time.
If you do post or submit Content, and unless we indicate otherwise, you grant the Company a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such Content throughout the world in any media. You grant the Company and sublicensees 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 Agreement and will not cause injury to any person or entity; and that you will indemnify the Company for all claims resulting from content you supply. Cabinet Garden™ has the right but not the obligation to monitor and edit or remove any activity or Content. The Company takes no responsibility and assumes no liability for any Content posted by you or any third party.
Cabinet Garden™ Products are to be used for lawful purposes only. The Products were designed with the intention of creating a contained, ideal growing environment for plants, vegetables, fruits, and herbs as a solution to the dilemma of certain locales and outdoor climates being unsuitable for growing and producing healthy plants. As the purchaser, it is your responsibility to know and abide by all laws and regulations pertaining to the use of Product(s) in your jurisdiction (“Applicable Law”).
The Company will not be held liable for any post-sale use of its Products in violation of Applicable Law. By agreeing to the terms & conditions, you as the purchaser (1) represent and warrant that your intended use of the Product(s) does not violate Applicable Law in your jurisdiction, and (2) undertake to use the Product(s) solely in conformance with Applicable Law in effect from time to time.
RISK OF LOSS
All items purchased from the Company are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
RETURNS, REFUNDS AND TITLE
CABINET/SYSTEM RETURN, REFUND, AND ORDER CANCELLATION POLICY
We honor a 7-day money back guarantee provided the below conditions are met and followed.
When a new order is placed and payment (deposits included) has been secured, the Company immediately expends energy, time, and care toward the completion of the ordered system(s) and/or product(s). Due to this, any order cancelled prior to shipping from our facility are subject to a 6% restocking fee, which covers the incurred costs associated with processing and manufacturing new orders.
WARRANTY REPLACEMENT POLICY AND PROCEDURE
Cabinet Garden™ systems have a 1 -year warranty on most components and craftsmanship. Many of the components included in Cabinet Garden™ systems have warranties per the originating manufacturer.
Products which have been altered will void the manufacturer’s warranty. Due to the nature of Cabinet Grow’s engineering and specifications any alterations made to Products by the purchaser will immediately void the warranty on the original Product. These products MAY NOT be returned for refund or exchange unless they contain defects in materials or workmanship on behalf of the Company or are otherwise returnable under applicable warranty provisions. Cabinet Grow’s limited warranty does not cover complete system replacement.
Returns are available within 7 days of ordering your product. There is a 6% restocking fee. Freight charges are not refundable and you are responsible for shipping costs for the return of the product.
Shipping and Handling/Risk of Loss:
In accordance with the North America Free Trade Agreement, and with exception for products shipping to Mexico, product prices do not include shipping and handling. Cabinet Garden™ will use its discretion in selecting a reputable carrier and appropriate means of shipment. Risk of loss or damage to Products in transit is yours. In the event of Product damage or loss during transit, it is your responsibility to file a claim with the carrier.
Cabinet Garden™ attempts to be as accurate as possible. However, the Company does not warrant that product descriptions or other content of any Service is accurate, complete, reliable, current, or error-free.
Except where noted otherwise, the List Price or Suggested Price displayed for products on any Service represents the full retail price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere. The List Price or Suggested Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day.
When you use mobile applications (“apps”) created by the Company, you may grant certain permissions to us for your device. Most mobile devices provide you with information about these permissions. To learn more about these permissions, click here.
In addition to this Agreement, end user license (“EULA”) terms apply to any Software (including any updates or upgrades to the software and any related documentation) that we make available to you from time to time for your use in connection with Services.
Cabinet Garden™ may provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their websites. The Company does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
Cabinet Garden™ SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES ARE PROVIDED BY THE COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT THAT THE SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY Cabinet Garden™ SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, 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 Product or Service, or to any products or services sold or distributed by the Company will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law 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 this Agreement as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to the American Arbitration Association (AAA). The arbitration will be conducted by AAA under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. 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. We will reimburse those fees unless the arbitrator determines the claims are frivolous. Likewise, the Company will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
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 any Cabinet Garden™ Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of California, without regard to principles of conflict of laws, will govern this Agreement and any dispute of any sort that might arise between you and the Company.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies posted on this site. These policies also govern your use of Services. We reserve the right to make changes to our site, policies, Service Terms, and this Agreement at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
14320 Ventura Blvd #290
Sherman Oaks, CA 91423
Additional Software Terms
- Use of the Cabinet Garden™
- No Reverse Engineering. You may not, and you will not encourage, assist or authorize any other person to copy, modify, reverse engineer, decompile or disassemble, or otherwise tamper with, the Software, whether in whole or in part, or create any derivative works from or of the Software.
- In order to keep the Software up-to-date, we may offer automatic or manual updates at any time and without notice to you.
- Export Regulations; Government End Users. You must comply with all export and re-export restrictions and regulations of the Department of Commerce and other United States agencies and authorities that may apply to the Software. If you are a U.S. Government end user, we are licensing the Software to you as a “Commercial Item” as that term is defined in the U.S. Code of Federal Regulations (see 48 C.F.R. 2.101), and the rights we grant you to the Software are the same as the rights we grant to all others under these Conditions of Use.