Terms of Use/Service

Inyanga Garden, LLC- Website Terms of Use/Service

Date Last modified: July 13, 2021

OVERVIEW

This site is operated by Inyanga Garden, LLC (hereinafter referred to as “Inyanga Garden"), 40 South 5th Street, Suite 100-432, Allentown, PA 18101. Throughout the site, the terms “we”, “us” and “our” refer to Inyanga Garden. Inyanga Garden offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated herein.

By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Use/Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Use/Service apply to all users of the site, including and without limitation, users who are browsers, vendors, customers, merchants, and/or contributors of content.

Please read these Terms of Use/Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Use/Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Use/Service are considered an offer, acceptance is expressly limited to these Terms of Use/Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Use/Service. You can review the most current version of the Terms of Use/Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Use/Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms of Use/Service, you represent that you are at least the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit or upload to our website, related websites, or the internet any malicious software or code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your access to the Service.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 – PRODUCTS, SERVICES, AND SHIPPING

Certain products or services may be available exclusively through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return/Refund Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for a product or service made on this site is void where prohibited.

Products you purchase through the Service will be shipped to you at the address you designate as the shipping address during the check-out process. We cannot ship to P.O. Box addresses. Inyanga Garden is not responsible for any packages that are refused or held for delivery. Refunds will not be issued for any orders that are refused by intended recipient or that cannot be delivered due to an address error. Some products may not be available to ship to some addresses due to applicable state laws.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, at our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you via the e-mail, billing address, and/or phone number provided at the time the order was made. We reserve the right to limit or refuse orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third-party tools which we neither monitor, have any control over, nor provide input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Use/Service.

SECTION 8 - THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise, you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms of Use/Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any malicious software that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties regarding the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.

SECTION 10 - PERSONAL INFORMATION

Your submission of personal information through the Service, including credit card and other payment information, is governed by our Privacy Policy, a copy of which you may access by clicking on this link.

SECTION 11 - ERRORS, INACCURACIES, OMISSIONS, AND ADVICE

Occasionally, there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We assume no obligation to update, amend, or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

Any information supplied through the Service or by any employee or agent of Inyanga Garden, whether by telephone, e-mail, letter, facsimile or other form of communication, is for educational purposes or general guidance on the use of the Service, and does not constitute medical, legal, tax, accounting or other professional advice. Health-related information provided through the Service is not a substitute for medical advice and it is important that you not make medical decisions without first consulting your personal physician or health care practitioner. The information provided through the Service or the services of our affiliates does not replace the relationship that exists between you and your physician. You should not use the information on this site for diagnosing or treating a health problem or disease. Under no circumstances will we be liable for any loss or damage caused by your reliance on information obtained through the Service. The receipt of any questions or feedback you submit to Inyanga Garden does not create a professional relationship and does not create any confidentiality privileges beyond those described in our Privacy Policy.  

SECTION 12 - PROHIBITED USES AND COPYRIGHT

In addition to other prohibitions set forth in the Terms of Use/Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, gender identity, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit malicious software or code that will or may be used in any way to negatively impact the functionality or operation of the Service or of any related website, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service, any related website, or the Internet.

All text, images, photographs, graphics, user interface, and other content provided via the Service, and the selection, coordination, and arrangement of such content, are owned by Inyanga Garden or its affiliates, subsidiaries, or third-party licensors and licensees to the full extent provided under the United States Copyright Act and all international copyright laws. Under applicable copyright laws, you are prohibited from copying, reproducing, modifying, distributing, displaying, performing, or transmitting any of the contents of our Services for any purposes. Nothing stated or implied on our website confers on you any license or right under any copyright of Inyanga Garden or any third party.

The Service and the information contained in reference herein are for informational purposes only. Any reproduction, copying, or redistribution for commercial purposes of any materials or design elements of the Service is strictly prohibited without the prior written consent of Inyanga Garden. Requests for permission to reproduce any information contained on this Site should be addressed to Inyanga Garden Legal, 40 South 5th Street, Suite 100-432, Allentown, PA 18101, e-mail: support@inyangagarden.com.

We reserve the right to terminate your use of the Service or any related website, and to seek redress under the law for any violation of United States and/or international copyright laws and/or any of the prohibited uses listed in these Terms of Use/Service.

SECTION 13- LIKENESS AND SUBMISSIONS RELEASE

By submitting any image or likeness of yourself or related party, and/or any written or audio content (“Your Content”) through our website or services, you grant us, our agents, affiliates, and/or related entities a non-exclusive, royalty-free, irrevocable, worldwide, perpetual, and transferable license to use Your Content in any media, including, but not limited to, our website, social media, marketing, third party materials, promotional materials, advertising, and any other commercial purpose without any compensation to you. We may use, reproduce, distribute, combine with other materials, alter and/or edit Your Content in any lawful manner at our sole discretion, without any obligation or additional permission from you.

Any questions and comments submitted through the Service is deemed to be non-confidential and non-proprietary. You agree to cooperate with us and sign any supporting documentation we may reasonably require, confirming our ownership, including copyright ownership and your waiver of any applicable legal rights.

Any personal identifiable information collected from your submissions through the Service will be collected by us or our agent and used by us as described in these Terms and in accordance with our Privacy Policy.

You represent and warrant to us that (i) you are 18 years old or older and a legal resident of the 50 United States and its territories; (ii) have the right to transmit Your Content; (iii) you are the copyright owner or have the copyright owner’s permission required to grant the rights to Your Content; (iv) you hold the rights necessary to grant the licenses described herein; (iv) Your Content will not violate, misappropriate or infringe any intellectual property rights, publicity rights or other proprietary rights of any third party. You hereby release us from any claims, damages, actions, or liabilities arising from our use of Your Content as permitted herein.

If you believe that your Content has been copied in a way that constitutes copyright infringement, you may provide us with written notification of your claim in accordance with the requirements of the U.S. Digital Millennium Copyright Act of 1998 and the instructions provided in these Terms of Use/Service.

You agree to indemnify, defend, and hold us harmless from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees arising from any breach of the foregoing representations and warranties.

SECTION 14 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent, or warrant that your use of our Service will be uninterrupted, timely, secure, or error-free.

We do not warrant that the results obtained from the use of the Service will be accurate or reliable.

You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.

You expressly agree that your use of, or inability to use the Service is at your sole risk. The Service and all products and services delivered to you through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no instance shall Inyanga Garden, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, licensors or licensees be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 15 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Inyanga Garden and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, licensees, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Use/Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 16 - SEVERABILITY

In the event that any provision of these Terms of Use/Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Use/Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 17 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Use/Service are effective unless and until terminated by either you or us. You may terminate these Terms of Use/Service at any time by notifying us that you no longer wish to use our services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Use/Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our services (or any part thereof).

SECTION 18 - ENTIRE AGREEMENT

Any failure on our part to exercise or enforce any right or provision of these Terms of Use/Service shall not constitute a waiver of such right or provision.

These Terms of Use/Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Use/Service).

Any ambiguities in the interpretation of these Terms of Use/Service shall not be construed against the drafting party.

SECTION 19 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you services shall be governed by and construed in accordance with the laws of the United States government, as well as the laws of all states, municipalities, and territories of the United States.

SECTION 20 - CHANGES TO TERMS OF USE/SERVICE

You can review the most current version of the Terms of Use/Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Use/Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Use/Service constitutes acceptance of those changes.

SECTION 21 - CONTACT INFORMATION

Questions about the Terms of Use/Service should be sent through our Contact Us page.