TERMS REGARDING THE USE OF THE PEGGY GREEN WEBSITE
1. ESSENTIAL INFORMATION
PLEASE READ THE FOLLOWING TERMS OF USE. YOUR ACCEPTANCE OF THESE TERMS IS AN ABSOLUTE CONDITION OF YOUR USE OF THE PEGGY GREEN WEB SITE, ITS CONTENTS, ANY AND ALL TRANSACTIONS CONDUCTED, AND FORMS A LEGAL AGREEMENT BETWEEN YOU AND PEGGY GREEN, INC. By using the site, you agree to be bound by the terms of this agreement. PEGGY GREEN, INC. reserves the right to change these terms at any time, and you agree to be bound by such changes.
2. OWNERSHIP OF CONTENT
The Site and all of its contents including, but not limited to, all text, images, and graphics (“Content”) are owned and copyrighted by PEGGY GREEN, INC. Your use of any Content, except as provided in these Terms of Use, without the written permission of PEGGY GREEN, INC. is strictly prohibited.
3. USE OF THE SITE
PEGGY GREEN, INC. grants you permission to use the Site as follows:
a) With the exception of images of people, products, plants, graphics, or places, you may download Content, but only for noncommercial, personal use and provided that you also retain all copyright and other proprietary notices contained on the Content.
b) You may not use any images found on the Site without PEGGY GREEN, INC.’s written permission.
c) Content within the Site may be reproduced solely for noncommercial, personal use, and no other use is permitted.
d) You may not distribute, modify, copy (except as set forth above), transmit, display, reuse, reproduce, publish, license, create derivative works from, transfer, sell or otherwise use Content without PEGGY GREEN, INC.’s written permission.
4. PRIVACY POLICY
PEGGY GREEN INC., values your privacy, and will not sell, distribute, barter transfer, or share any customer information collected via our website or online store with any third part, ever, at any time.
5. DISCLAIMER OF WARRANTIES.
Your use of the PEGGY GREEN website, and any related Service or Product is at your sole risk and liability. The website, Service and Product(s) are provided on an “as is” and “as available” basis. PEGGY GREEN, INC. expressly disclaims all warranties of any kind, whether express or implied, including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. PEGGY GREEN, INC. makes no warranty that the website, Service, or the Product(s) will meet your requirements, the website, Service or Product(s) will be uninterrupted, timely, error free, secure, or any Products or Services purchased, produced on or through PEGGY GREEN will meet your expectations. No advice or information, whether oral or written, obtained by you from PEGGY GREEN, or through or from the Service and website, will create any warranty not expressly stated in the TERMS AND CONDITIONS.
6. EXCLUSION OF LIABILITY. NO MONEY DAMAGES.
Your use of this Site, the Service, and any Product(s) is at your own risk. Under no circumstances whatsoever will PEGGY GREEN INC., nor any of its subsidiaries, affiliates, related services, its proprietors, vendors, subcontractors, employees, or agents, be liable to you, the Customer or any third party for any damages, including, but not limited to, lost profits, lost savings, lost data, or other indirect or direct, incidental, consequential, punitive, or special damages arising out of the “Services,” the “Product(s),” or “Site.” Some states do not allow the limitations or exclusions of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.
7. LIMITATION OF REMEDIES
PEGGY GREEN’s entire liability and your exclusive remedy, with respect to any claims arising out of your use of the PEGGY GREEN web site, its products, and related services shall be as follows:
REFUNDS:
Refunds will be given ONLY if within 14 days of purchase, and ONLY if product is unopened, unused, and packaging is in good condition. Shipping and handling charges cannot be refunded. Customer is fully responsible for all shipping and handling on any returned items.
For specific refund instructions, please email: info@PeggyGreen.com, or call customer service at: 727-822-2722
8. SHIPPING, DELIVERY AND INTERNATIONAL ORDERS
IMPORTANT INFORMATION
PEGGY GREEN, INC. ships merchandise ordered from our online store only to locations within the United States and not to international locations. Shipping and Handling rates shown on this Website are valid for US orders only. For orders originating from outside the United States , please call us (727-822-2722) or email us for ordering instructions including shipping/handling rates.
9. INDEMNIFICATION
You, your successors, heirs, and assigns agree to indemnify, defend and hold PEGGY GREEN, INC. harmless against all claims or liability asserted against PEGGY GREEN, INC. arising out of or in connection with any breach of any of the terms of this entire Agreement. You, your successors, heirs, and assigns also agree to indemnify, defend and hold harmless PEGGY GREEN, INC., its officers, directors, owners, partners, subsidiaries, employees, agents, licensors, suppliers and any third party provider to us from and against all losses, expenses, damages and costs, claims of any third party, including attorney fees, due to, arising out of, related to or otherwise (1) attributable to the actual or alleged infringement or violation of any materials or intellectual property you provided, or (2) attributable to your use of any of the PEGGY GREEN web site and any and all related Services provided by PEGGY GREEN, INC., including third party services.
10. RESPONSIBILITIES
You are solely liable and responsible for any claim or demand made by a third party due to or arising out of your use of this website, the Service, your connection to the Service, Product(s) purchased through the website or Service, your violation of the TERMS AND CONDITIONS, or your violation of any rights of another.
11. COPYRIGHTS
PEGGY GREEN, INC. respects the intellectual property rights of others and expects you to do the same.
12. ENFORCEABILITY
If any provision of this Agreement is held to be not enforceable, such provision shall be reformed only to the extent to make it enforceable.
13. JURISDICTION
This agreement, its validity and effect, shall be solely interpreted under, and solely governed by, the laws of the State of Florida . Any claims shall be brought solely in the Federal District Court for the Middle District of Florida and you expressly consent to the exclusive jurisdiction of the courts of the State of Florida . You consent to service of any required notice or process upon you by registered mail or overnight courier with proof of delivery.
14. LEGAL FEES AND JURISDICTION
If PEGGY GREEN, INC. is obligated to go to court, rather than arbitration, to enforce any of its rights, or to collect any fees, you agree to reimburse PEGGY GREEN, INC. for its legal fees, cost and disbursements if PEGGY GREEN, INC. is successful. You agree that the Pinellas County Circuit Court and the United States District Court for the Middle District of Florida are the agreed and appropriate forums for any such suit, and consent to service of process by registered mail or overnight courier with proof of delivery.
15. ENTIRE CONTRACT
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND PEGGY GREEN, INC., WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATION BETWEEN YOU AND PEGGY GREEN, INC. RELATING TO THE SUBJECT OF THIS AGREEMENT. THE EXPLANATIONS TO FAQ'S AND OTHER EXPLANATIONS AND CONTENT PROVIDED IN PEGGY GREEN'S WEBSITE ARE FOR YOUR INFORMATION ONLY AND ARE NOT, AND SHALL NOT BE CONSTRUED AS, PART OF THIS AGREEMENT.
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