Industries, Inc. Users of treesmart.com (the "Site") are
provided with a wide variety of information and services, including
shopping opportunities, (collectively the "Services").
By using (browsing or shopping on) our Site, you agree to comply
If you do not agree to any of these terms, you should not use this
The term "TreeSmart"
or "us" or "we" refers to the owner of the Site,
TreeSmart Industries, Inc., an Oregon corporation. The term "you"
refers to the user or viewer of our Site or any of the Services.
TreeSmart reserves the right to change any of the terms and conditions
the Site or Services at any time and in its sole discretion. Changes
posted without notice to you.
Any changes will be effective
upon posting of the revisions on the Site. All notice of changes
You are responsible for reviewing the notice and any applicable
Your continued use of our Site
and Services following TreeSmart's posting of any changes will constitute
your acceptance of such changes or modifications. If you do not
agree to any changes to these terms, do not continue to use the
Services or this Site.
information about you.
Age: Our Site and Services are available only to, and may only be
used by, individuals who are 18 years and older who can form legally
binding contracts under applicable law. Individuals under the age
of 18 may use this Site and our Services only in conjunction with
and under the supervision of a parent or legal guardian. In this
case, the adult is the user and is responsible for any and all activities.
Your Warranties About Use: You
warrant to us that you will not purchase any products through the
Site which may be harmful based on your allergies (including, without
limitation, allergies to peanuts) and/or other medical conditions.
You warrant to us that you will
properly investigate whether the ingredients of a particular product
are suitable for you.
Password: TreeSmart may assign,
or require that you have, a password and username to enable you
to use and access certain portions and features of this Site. Keep
your password secure. You are fully and solely responsible for all
activity, liability and damage resulting from your failure to maintain
password confidentiality and/or to restrict access to your computer.
You will be solely responsible for activities by anyone using the
account or password assigned to you, including without limitation,
all communications and transmissions and all financial obligations
incurred through the use of our Site.
You agree to immediately notify
TreeSmart of any unauthorized use of your password and/or account
identification/username or any breach of security. You also agree
that TreeSmart cannot and will not be liable for any loss or
damage arising from your failure to keep your password secure.
Termination of Service: TreeSmart reserves the right to refuse service to anyone for any reason,
terminate accounts, remove or edit content, limit, condition or
cancel orders in its sole and absolute discretion. Without limiting
the foregoing, TreeSmart may, but is not required to, impose
transaction limits on some or all Buyers and Sellers relating to
the value of any transaction or disbursement, the cumulative value
of all transactions or disbursements during a period of time, or
the number of transactions per day or other period of time. TreeSmart will not be liable to any Buyer: (i) if TreeSmart does
not proceed with a transaction or disbursement that would exceed
any limit established by us for a security reason or (ii) if TreeSmart cancels from a transaction.
License & Site Access
hereby grants you a limited, revocable, non-transferable and non-exclusive
license to access and use the Site by displaying it on your internet
browser only for the purpose of browsing content, shopping for products
and interacting with other Site users on the Site. Users may not
use the Site for any commercial use or use on behalf of any third
party, other than sellers explicitly permitted to do so by TreeSmart
Terms and Conditions ("Sellers").
Except as permitted in the paragraph
above, you may not reproduce, distribute, display, sell, lease,
transmit, create derivative works from, translate, modify, reverse-engineer,
disassemble, decompile or otherwise exploit this Site or any portion
of it by any means, unless expressly permitted by TreeSmart.
You may not use the Site or any
materials obtained from the Site to develop, or as a component of,
any information, storage and retrieval system, database, information
base, or similar resource (in any media now existing or hereafter
developed), that is offered for commercial distribution of any kind,
including through sale, lease, license, rental, subscription, or
any other commercial distribution mechanism. You also may not "mirror"
or "frame" any material contained on the Site on any other
You many not use any manual or
automated software, devices, or other processes to "crawl"
or "spider" any web pages contained in the Site. You may
not monitor or copy, or allow others to monitor or copy, our web
pages or the content included herein. Furthermore, you agree not
to take any action that interferes with the proper working of or
places an unreasonable load on our infrastructure, including but
not limited to unsolicited communications, attempts to gain unauthorized
access, or transmission or activation of computer viruses.
You shall not upload to, distribute,
or otherwise publish on our Site any content, information, or other
material that (a) violates or infringes the copyrights, patents,
trademarks, service marks, trade secrets, or other proprietary rights
of any person or organization, unless you are the owner of such
rights or have permission from their rightful owner to post the
material and to grant TreeSmart all of the license rights granted
herein; (b) is libellous, threatening, defamatory, obscene, indecent,
pornographic, harassing, hateful, racially or ethnically offensive,
or encourages conduct that would be considered a criminal offense,
or could give rise to any civil or criminal liability under U.S.
or international law; (c) includes any bugs, viruses, worms, trap
doors, Trojan horses or other harmful code or properties, (d) advertises
or solicits business, or (e) impersonates another person.
Any breach of these Terms of
Use may result in the immediate revocation of the license granted
above, without notice to you.
Links to Third Party Sites
Our Site may contain links to web sites controlled, owned, and operated
by affiliated companies, individuals and other businesses ("Third-Party
Sites"). We are not responsible for examining or evaluating
information provided on the Third-Party Sites, and we cannot control
and have no responsibility for the accuracy or availability of information
provided on the Third-Party Sites. You acknowledge that use of any
Sites may provide less security than this Site. You should carefully
review the respective privacy statements and other conditions of
use. We are not responsible for the content of any Third-Party Sites,
nor do we make any warranties or representations, express or implied,
regarding the content (or the accuracy of such content) on any Third-Party
Sites, and we shall have no liability of any nature whatsoever for
the actions, products, and content of any such third parties or
any other third parties and for any failure of products or services
offered or advertised on such Third Party Sites.
TreeSmart, the recycled newspaper pencil globe icon, and other TreeSmart
graphics, logos, designs, page headers, button icons, scripts, and
service names are registered trademarks, trademarks or trade dress
of TreeSmart, Co. in the U.S. and/or other countries. TreeSmart's
trademarks and trade dress may not be used, including as part of
trademarks and/or as part of domain names or email addresses, in
connection with any product or service in any manner that is likely
to cause confusion.
Users shall not use our graphics,
logos, content, appearance, design, functionality and any other
aspects of the Site and the Services in any manner that could cause
confusion or could disparage or discredit TreeSmart.
Other than user uploaded content,
all content included on the Site, such as text, graphics, logos,
button icons, images, audio clips, digital downloads, data compilations,
and software, is the property of TreeSmart or its content suppliers
and is protected by United States and international copyright laws.
The compilation of all content on the Site is the exclusive property
of TreeSmart and protected by U.S. and international copyright
Reviews & Comments
Users may post reviews on the Site. Anything that you submit or
post to the Site and/or provide us (the “Submissions”),
is and will be treated as non-confidential and non-proprietary,
and you grant us a royalty-free, worldwide, perpetual, irrevocable
and transferable right to use, copy, distribute, display, publish,
perform, sell, lease, transmit, adapt, modify, create derivative
works from such Submissions by any means and in any form, and to
translate, modify, reverse-engineer, disassemble, or decompile such
Submissions. You may edit or delete such submissions using the tools
provided to you by us on the Site.
In addition, when you post Submissions
to the Site, you also grant us the right to use the name that you
submit with any review, comment, or other content, if any, in connection
with such review, comment, or other content. You represent and warrant
that you own or otherwise control all of the rights to the Submissions
that you post on our Site and that use of your reviews, comments,
or other Submissions by us will not infringe upon or violate the
rights of any third party.
You shall not use a false e-mail
address, pretend to be someone other than yourself or otherwise
mislead us, our affiliates or third parties as to the origin of
any Submissions. We have the right, but shall not be obligated to,
remove or edit any Submissions for any reason in its sole and absolute
Please see Returns
If a product is listed at an
incorrect price or with incorrect information due to typographical
error or error in pricing or product information received from a
Seller, TreeSmart has the right to refuse or cancel any orders
placed for product listed at the incorrect price, whether or not
the order has been confirmed and your credit card charged. If the
order has been cancelled or refused after a credit card has been
charged for the purchase, TreeSmart will issue an immediate and
full refund for the transaction amount to the credit card charged.
Disclaimer, No Warranty and Limitation
The Site, the Services and the products purchased by you are provided
on an “as is” basis. TreeSmart makes no other representations
or warranties of any kind, express, implied or statutory. TreeSmart, and its subsidiaries, affiliates, officers, directors, employees,
shareholders, agents, merchants and suppliers specifically disclaim
any implied warranties of title, merchantability, performance, fitness
for a particular purpose and non-infringement. In addition, no advice
or information (oral or written) obtained by you from TreeSmart
shall create any warranty. IN ADDITION, TO THE MAXIMUM EXTENT ALLOWABLE
BY APPLICABLE LAW, TreeSmart AND ITS SUBSIDIARIES, AFFILIATES,
OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS AND AGENTS SPECIFICALLY
DISCLAIM ALL LIABILITY RESULTING FROM PERSONAL INJURY AND/OR DEATH
RESULTING FROM, OR ARISING OUT OF, YOUR USE OR CONSUMPTION OF PRODUCTS
OBTAINED FROM SELLERS THROUGH THE SITE OR IN CONNECTION WITH THE
SERVICES. Such disclaimer shall include, without limitation, mislabelling
of products and/or ingredients. In any such situation, your sole
recourse shall be against the Seller who supplied you with the product
through our Site. Some states do not allow the disclaimer of implied
warranties, so the foregoing disclaimer may not apply to you. This
warranty gives you specific legal rights and you may also have other
legal rights that vary from state to state.
Without limiting the foregoing,
we do not guarantee continuous, uninterrupted access to the Site
or the Services, and operation of the Site may be interfered with
by numerous factors outside our control.
Limitation of Liability
IN NO EVENT SHALL TreeSmart, AND (AS APPLICABLE) TreeSmart'S
SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR TreeSmart'S SUPPLIERS
OR SELLERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT,
INDIRECT, GENERAL, SPECIAL, PUNITIVE, COMPENSATORY, CONSEQUENTIAL,
INCIDENTAL, OR ANY OTHER DAMAGES OF ANY KIND, WHETHER IN AN ACTION
IN CONTRACT OR NEGLIGENCE, ARISING OUT OF OR RELATING TO THE CONDUCT
OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF, OR THE INABILITY
TO USE, THE SITE, THE SERVICES, ANY THIRD PARTY SITE, OR AS A RESULT
WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS,
OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.
TreeSmart'S LIABILITY, AND
(AS APPLICABLE) THE LIABILITY OF TreeSmart'S SUBSIDIARIES, OFFICERS,
DIRECTORS, EMPLOYEES, AND SUPPLIERS OR SELLERS, TO YOU OR ANY THIRD
PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE
AMOUNT PAID TO TreeSmart FOR THE PRODUCT GIVING RISE TO THE CAUSE
OF ACTION, AND (B) $100. SOME STATES DO NOT ALLOW THE EXCLUSION
OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE
LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
You agree to indemnify and hold TreeSmart and (as applicable)
its subsidiaries, affiliates, officers, directors, agents, and employees,
harmless from any claim or demand, including reasonable attorneys'
fees, made by any party due to or arising out of your breach of
your own use of the Site or the Services, or your violation of any
law or the rights of a third party.
You agree that we may, with or without cause, immediately terminate
your account and access to our Site and Services without prior notice.
Without limiting the foregoing, the following may lead to the termination
by TreeSmart of a user's use of the Site and the Services: (a)
documents, policies or guidelines, (b) requests by law enforcement
or other government agencies, (c) a request by you (self-initiated
account deletions), and (d) unexpected technical issues or problems.
Termination of your TreeSmart account includes (without liability
to TreeSmart): (i) removal of access to all offerings within
the Site and the Services, (ii) possible barring you from further
use of our Site and Services, and (iii) revoking all password(s)
and usernames issued to or chosen by you. Furthermore, you agree
that all terminations shall be made in our sole discretion and that
we shall not be liable to you nor to any third-party for any termination
of your account or access to our Site and Services.
Any termination of access or
(including without limitation, payment obligations) of the parties
arising before the date of termination.
giving effect to any principles of conflicts of laws or the Convention
on Contracts for the International Sale of Goods. Any dispute with
TreeSmart or its affiliates relating in any way to these Terms
of Use or your use of the Site or Services shall be adjudicated
in any state or federal court in Lake County, Illinois, and you
consent to exclusive jurisdiction and venue in such courts.
We respect the intellectual property rights of others and we prohibit
users from uploading, posting or otherwise transmitting on our Site
or in connection with the Services any materials that violate another
party's intellectual property rights. When we receive proper Notification
of Alleged Copyright Infringement, we promptly remove or disable
access to the allegedly infringing material and terminate the accounts
of repeat infringers as described herein in accordance with the
Digital Millennium Copyright Act.
If you believe that any content
on the Site may give rise to copyright infringement, please provide
TreeSmart with the written information specified below.
An electronic or physical signature of the person authorized to
act on behalf of the owner of the copyright interest.
A description of the copyrighted work that you claim has been infringed
A description of where the material that you claim is infringing
is located on the site, including the product name, if applicable;
Your address, telephone number, and e-mail address;
A statement by you that you have a good-faith belief that the disputed
use is not authorized by the copyright owner, its agent, or the
A statement by you, made under penalty of perjury, that the above
information in your notice is accurate and that you are the copyright
owner or authorized to act on the copyright owner's behalf.
Please send notices to firstname.lastname@example.org.
Repeat Infringer Policy
In accordance with the Digital Millennium Copyright Act (DMCA) and
other applicable law, Company has adopted a policy of terminating,
in appropriate circumstances and at Company's sole discretion, members
who are deemed to be repeat infringers. Company may also at its
sole discretion limit access to the Site and/or terminate the memberships
of any users who infringe any intellectual property rights of others,
whether or not there is any repeat infringement.
Resolution of Disputes and Release
In the event a dispute arises between you and TreeSmart, please
contact us at email@example.com.
Should you have a dispute with
one or more users, a Seller, or an outside party, you release TreeSmart (and TreeSmart's officers, directors, agents, subsidiaries,
joint ventures and employees) from any and all claims, demands and
damages (actual and consequential) of every kind and nature, known
and unknown, suspected and unsuspected, disclosed and undisclosed,
arising out of or in any way connected with such disputes.
TreeSmart, for the benefit
of users, may try to help users resolve disputes. We do so in our
sole discretion, and we have no obligation to resolve disputes between
users or between users and outside parties. To the extent that we
attempt to resolve a dispute, we will do so in good faith based
solely on our policies. We will not make judgments regarding legal
issues or claims.
jurisdiction to be unenforceable under applicable law, then such
so excluded and shall be enforceable in accordance with its terms;
interpreted so as to give effect, to the greatest extent consistent
with and permitted by applicable law, to the meaning and intention
of the excluded provision as determined by such court of competent
All notices to users (including Sellers and Buyers) will be sent
by e-mail or will be posted on the Site. We will send notices to
users at the e-mail address maintained in TreeSmarts records
for the user, which the Sellers can update using their Seller Admin
pages and Buyers can update by logging into their account and editing
their information. E-mail notices are deemed written notices for
all purposes for which written notices may be required. E-mail notices
are deemed received the Business Day after transmission if properly
addressed to the intended recipient.
If you have any question, you can contact TreeSmart at firstname.lastname@example.org