Terms and Conditions

TERMS & CONDITIONS:

Please carefully read the following Terms & Conditions before using the Walddie.com website. By accessing this site, you agree to be bound by these Terms & Conditions. These Terms & Conditions may be updated from time to time. Accordingly, you should check the date of the Terms & Conditions (which appear at the end of this document) and review any changes since the last version. If at any time you do not agree to these Terms & Conditions, please do not use this Site.

Trademarks

All trademarks, logos, service marks and trade names of Walddie.com used in the site are trademarks or registered trademarks of Walddie.com. No logo, graphic, sound or image from the website may be copied or retransmitted unless expressly permitted by Walddie.com. The Walddie.com trademark and/or other identifiers referenced herein are trademarks of Walddie.com and/or its affiliates, and may be registered in certain jurisdictions.

Nothing contained on the Website should be understood as granting you a license to use any of the Trademarks, Copyrights or Patents owned by Walddie.com.

All contents of the website are: Copyright © 2016 Walddie.com.

Copyright

All content included in the site, such as text, graphics, logos, button icons, images, audio clips, code and software, is the property of Walddie.com or its content suppliers and protected and copyrighted as a collective work under the U.S. and international copyright laws. Walddie.com does not investigate to determine if such works are accurate, nor can Walddie.com provide assurance that all such works are free of typographical errors. Walddie.com cannot guarantee information displayed on the site to be 100% accurate. The compilation (meaning the collection, arrangement and assembly) of all content on the site is the exclusive property of Walddie.com and protected by U.S. and international copyright laws. All software used on the site is the property of Walddie.com or its software suppliers and protected by U.S. and international copyright laws. Permission is granted to electronically copy and print hard copy portions of the site for the sole purpose of placing an order on the site or using the site as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content of the site is strictly prohibited.

Registration, Accounts, & Passwords

If you register and create an account on Walddie.com you agree to be responsible for: (i) maintaining the confidentiality of passwords or other account identifiers which you choose, and (ii) all activities that occur under such password or account identifiers. You agree to notify Walddie.com of: (i) any loss of your password or other account identifiers and (ii) any unauthorized use of your password or other account identifiers. Walddie.com shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section of the Terms & Conditions

Product Information

The prices displayed on the Site are quoted in U.S. dollars and are valid and effective only in the United States. The particular technical specifications and settings of your computer and its display could affect the accuracy of its display of the colors of products offered on the Site. 

Products purchased on the Walddie.com are sold subject to the Terms and Conditions set forth elsewhere on this site. Walddie.com makes no further representations or warranties with regard to the products and, to the fullest extent permitted by law, hereby disclaims any such warranties, including any warranty of merchantability or fitness for a particular purpose. Applicable law may not allow limitations or exclusions on warranties, so the above limitations may not apply to you.

Products are being sold for ornamental and decorative use only. The use of products for any other reason may be harmful and/or illegal.  Walddie.com assumes no liability with regard to performance of the products, or for the misuse or misplacement in your home of the products, or for any molds, pest, or fire hazards arising out of your use of the products.  Your ordering the products constitutes your agreement with and acceptance of these Terms and Conditions and releases Walddie.com from all liability.

Prices & Quantity Limits

We reserve the right at any time after receipt of your order to accept or decline your order, or any portion thereof, even after your receipt of an order confirmation. We reserve the right, at our sole discretion, to limit the quantity of items purchased and/or to prohibit sales to dealers. In the event that a product is listed at an incorrect price, we shall have the right to refuse or cancel orders placed for the product listed at the incorrect price, regardless of whether the order has been confirmed and/or your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, we will promptly issue a credit to your credit card account in the amount of the incorrect price.

Delivery & Order handling

Walddie.com will deliver products according to the delivery option selected by you at checkout. Walddie.com reserves the right to change the delivery options as needed. The receipt of an order confirmation does not constitute the acceptance of an order or a confirmation of an offer to sell. Walddie.com reserves the right, with notification, to limit the order quantity on any item and/or refuse service to any customer. Verification of information may be required prior to the acceptance of any order.

Limitation of liability

Walddie.com shall not be liable to anyone for any direct, indirect, punitive, special, exemplary, incidental, or consequential damages that result from the use of, or the inability to use, the materials on this site, or for any damages to your computer, telecommunication equipment, or other property and/or for loss of data, content, images, revenue, profits, use or other economic advantage, arising out of, or in any way connected with this agreement, including but not limited to damages arising from or related to accessing or use of, or inability to use, the website and the services associated therewith, materials, regardless of cause, whether in an action in contract or negligence or other tortious action, even if the party from which damages are being sought have been previously advised of the possibility of such damages.

Disclaimer

Walddie.com does not and cannot review all communications and materials posted to or created by users accessing the website, and is not in any means responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Walddie.com is simply acting as a passive outlet for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the website. Walddie.com, however reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Walddie.com in its sole discretion.

Except where expressly provided otherwise by Walddie.com, the materials on the website are provided "as is" and "as available" basis and without warranties of any kind, whether express or implied.

Except for the express warranties set forth herein, Walddie.com and its third party providers hereby disclaim all express or implied representations, warranties, guaranties, and conditions with regard to the website, the goods and services associated therewith including but not limited to any implied representations, warranties, guaranties, and conditions of merchantability, fitness for a particular purpose, title and non-infringement, and quality of goods and services except to the extent that such disclaimers are held to be legally invalid. Walddie.com does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components.

Walddie.com makes no warranties, guarantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise.

Without limiting the generality of the foregoing, Walddie.com does not represent or warrant that (a) the operation or use of the website or materials will be timely, secure, uninterrupted or error-free; (b) the quality of any products, services, information, or other material you purchase or obtain through the website will meet your requirements; or (c) the goods, services, materials, or the systems that make the services and website available are free of viruses or other harmful components. You acknowledge that Walddie.com controls the transfer of data over communications facilities, including the internet, and that the website and services and/or materials associated therewith may be subject to limitations, delays, and other problems inherent in the use of such communications facilities. Walddie.com is not responsible for any delays, delivery failures, or other damage resulting from such problems. Except where expressly provided otherwise by Walddie.com, the website and the goods, services and/or materials associated therewith are provided to you on an "as is" basis. Walddie.com expressly disclaims any warranty related to the quality of goods and/or services and the persons or businesses referenced on the website.

Applicable law may not allow limitations or exclusions on warranties, so the above limitations may not apply to you.

Notice

Walddie.com may deliver notice to you by means of email, a general notice on the site, or by other reliable method to the address you have provided to Walddie.com.

Walddie.com may give notice by means of a general notice on the website, electronic mail to your e-mail address on record in Walddie.com account information, or by written communication sent by first class mail or pre-paid post to your address on record in Walddie.com account information. You may give notice to Walddie.com at any time by letter delivered by registered mail with return receipt to: 548 Market Street. Suite #70790, San Francisco, CA, 94104.  All notices shall be deemed to have been given four days after mailing or 36 hours after sending by confirmed facsimile, email or posting to the Website.

Use of Site

Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Walddie.com or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization. Use of the site for any illegal or unauthorized purpose is strictly prohibited. Walddie.com may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers.

You understand and agree that Walddie.com cannot be responsible for the content posted on the site by users and that your use of the site is at your own risk. Walddie.com is under no circumstances liable in any way for any content posted on the site or for any damages of any kind incurred as the result of the use of any content posted or otherwise made available on the site by users.

Licenses from You

You grant to Walddie.com the non-exclusive, worldwide right to use, copy, transmit and display any data, information, content or other materials, provided to Walddie.com by you in the course of accessing and/or using the website.

By uploading images to Walddie.com or uploading images to social media websites such as Instagram and tagging Walddie.com in such upload or using the hashtag #walddietrees with, you grant to Walddie an express license to use said images in any method Walddie.com sees fit and make compilations and derivative works thereof in all media now known or hereafter devised.

Notwithstanding the foregoing, Walddie.com obligations regarding identification and other information concerning your personal information shall be governed by the terms of the Privacy Policy. The terms of the Privacy Policy are expressly incorporated herein as though set forth in full.

Indemnity

You agree to defend, indemnify and hold Walddie.com, its directors, officers, employees, agents, licensors, suppliers and affiliates harmless from any and all claims, losses. liabilities, damages, costs and expenses, including reasonable attorneys’ fees, in any way arising from, related to or in connection with your use of the site, your violation of these Terms and Conditions or the posting or transmission of any materials on or through the site by you, (or any other person accessing the site using your internet account,) including, but not limited to, any third-party claim that any information or materials you provide infringes any third-party proprietary right.

Privacy Policy
Notwithstanding anything else to the contrary contained in these Terms and Conditions, Walddie.com use of any personally identifiable information you provide via the website shall be governed by our Privacy Policy. For further information regarding Walddie.com protection of your personal information, please refer to our Private Policy page.

License
Notwithstanding anything to the contrary in these Terms and Conditions, and with respect to content you submit or make available for inclusion on the site, you grant Walddie.com the permanent world-wide, royalty free and non-exclusive license(s) to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such content on the site for any purpose.

Miscellaneous
Your use of this site shall be governed in all respects by the laws of the State of California, U.S.A., without regard to choice of law provisions, Any action related to this agreement will be governed by California law and controlling U.S. Federal law. No choice of law rules of any jurisdiction will apply. Any disputes, actions, claims or causes of action arising out of or in connection with this Agreement or the Website shall be subject to the exclusive jurisdiction of the state and federal courts located in San Francisco, California and to arbitration as stated herein. Any cause of action or claim you may have with respect to the site must be commenced within one (1) year after the claim or cause of action arises or be barred forever. Walddie.com failure to insist upon or enforce strict performance of any provision of these Terms and Conditions shall not be construed as a waiver of any provision or right. These Terms and Conditions constitute the entire agreement between you and Walddie.com with regard to your use of this site. Neither the course of conduct between the parties nor trade practice shall act to modify any of these Terms and Conditions. Walddie.com may assign its rights and duties under this agreement to any party at any time without notice to you.