1. Use of Software, Content, and Other Intellectual Property of Website
1.1 Unless otherwise noted, information, materials, software, including images, illustrations, designs, icons, photographs, video clips and written and other materials that are part of this Website (collectively, the “Contents”) are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by Woolly Pocket Garden Company. The Website as a whole is protected by copyright, and trade dress, all worldwide rights, titles and interests in and to which are owned by Woolly Pocket Garden Company. Woolly Pocket Garden Company name, logo and design are trademarks of Woolly Pocket Garden Company.
1.2 This Website and all its Contents are intended solely for personal, non-commercial use. Subject to your acceptance of the terms and conditions set forth in this Agreement, Woolly Pocket Garden Company agrees to grant you a limited personal non-transferable right to access the contents of the Website.You may download or copy the Contents and other downloadable materials displayed on the Website for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Website or any related software.
1.3 Any material posted by you on the Website or submitted by you to the Website shall be deemed works made for hire for Woolly Pocket Garden Company. Accordingly, all intellectual property rights of every kind and nature in and to such “uploaded” or “submitted” material shall be the sole and exclusive property of Woolly Pocket Garden Company in perpetuity. Such Posted Material may include, but shall not be limited to, blogs, text, pictures, sound bytes, links, videos, submissions, suggestions and ideas.
1.5 Occasionally there may be information on the Website that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). We apologize for any inconvenience this may cause you.
1.6 Any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, “Comments”) sent to us shall be and remain the exclusive property of Woolly Pocket Garden Company. Your submission of any such Comments shall constitute an assignment to us of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments. We will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork.
2. Changes To Terms
Each Product or Service shall contain a link for placing an order. After placing an order, you will receive an email from us acknowledging that we have received your order (“Order Confirmation”).ÊPlease note that this does not mean that your order has been accepted.ÊYour order constitutes an offer to us to buy a Product.Ê All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an email confirming the shipment of your order (the “Shipping Confirmation”).ÊA contract with us will only be formed when we send you the Shipping Confirmation.Ê The contract will relate only to those Products whose shipment we have confirmed in the Shipping Confirmation.ÊWe will not be obliged to supply any other Products which may have been part of your order in a separate Order Confirmation.Ê We reserve the right to cancel your order at any time before we have accepted it and we may rescind our acceptance and cancel your order where there has been an obvious error in price or where the Product is no longer in our or our third partyÊfulfillment provider’s inventory.
4. Prices and Availability of Products
4.1 Prices and availability of Products on the Website are subject to change without notice.Ê Errors will be corrected when discovered.Ê Our Website contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our Website may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product’s correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you.Ê If a Product’s correct price is higher than the price stated on our Website, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection. We are under no obligation to provide the product to you at the incorrect (lower) price, even after we have sent you an Order Confirmation or a Shipping Confirmation, if the pricing error is obvious and unmistakable and could have reasonably been recognized by you as a pricing error. The prices displayed on our Website are quoted in U.S. dollars and are valid and effective only in the U.S.
4.2 On occasion, you may be able to place a Product in your shopping pocket and submit your order for processing, but your order is subsequently cancelled due to unavailability of Product.Ê You acknowledge that Products may sell quickly and there may be a short period of time after an order has been submitted, but where the Product is no longer available.Ê You agree that we may cancel your order after you have received an Order Confirmation without penalty.
4.3 On very rare occasions, you may receive a Shipping Confirmation from us, but the Product is no longer available in our or our third party fulfillment provider’s inventory.Ê You agree that we may rescind our acceptance and cancel your order without penalty if we are unable to ship the product you ordered due to unavailability.
The term shipping or ship includes the commencement of shipping items in an order for multiple purchases or where the item purchased consists of components that must be shipped separately. ÊFor example, your order may consist of (1) several different items, (2) a quantity of the same item, or, (3) a single item with several component parts the size of which might require them to be shipped in separate packages.ÊIn all such orders, we endeavor to ship out individual packages together so that they arrive at the same time; however, when that is not possible, we commence shipping by shipping individual packages in the order the soonest they are available and conditions permit. ÊIn these instances, our notification to you that your order has shipped, marks the time when shipping has commenced; it does not mean that all items in the order have shipped at that time. ÊAll packages sent have a separate tracking number and may be followed on the Order Status page. You agree that credit cards and debit cards are to be charged on the date of inventory reservation for the order, not the date of shipping. All items purchased from the Website are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon tender of the items to the carrier.
6. Availability of Services
Woolly Pocket Garden Company does not provide you with access to the Internet or the equipment necessary to access the Internet or the Website or Services. You are responsible for the fees charged by other parties to obtain access to our Website and Services (by way of example only, Internet service provider or airtime charges) and for providing the equipment necessary to access the Website and Services. From time to time Woolly Pocket Garden Company may modify, suspend or discontinue any of the Services offered on our Website without notice to you. Woolly Pocket Garden Company shall not be liable to you for any modification, suspension or discontinuance of Services. Aquatic may establish certain policies and practices concerning use of the Services, including without limitation the maximum number of email messages, message board postings or other Content that can be sent through our Services and the number of days that these items will be retained on our systems. Woolly Pocket Garden Company has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by or through our Services. We reserve the right to change our practices and policies at any time, in our sole discretion, with or without notice to you.
7. Third-Party Offers
We may allow other companies to offer you products and services, including offers through our Website or via email. Whether or not you decide to participate in such an offer is up to you. Your participation in any of these offers, including payment and delivery of related goods or services and the terms, conditions, warranties or representations associated with such offers, is solely between you and the third-party company. You agree that Woolly Pocket Garden Company shall not be liable for any costs or damages you may incur resulting from your decision to enter such transactions.
8. Linking To or From Our Website
You cannot link to our Website without our prior written consent. While our Website may have links to the websites of other companies and parties, Woolly Pocket Garden Company has no control over those websites. Woolly Pocket Garden Company is not responsible or liable for any content, advertising, products, services or other materials on or available from those websites. Woolly Pocket Garden Company is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, advertising, products, services or other materials on those websites.
9. Disclaimer of Warranties and Limitation Of Liability
THIS WEBSITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE ARE PROVIDED BY WOOLLY POCKET GARDEN COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. WOOLLY POCKET GARDEN COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WOOLLY POCKET GARDEN COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WOOLLY POCKET GARDEN COMPANY DOES NOT WARRANT THAT THIS WEBSITE, INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE, THEIR SERVERS, OR E-MAIL SENT FROM WOOLLY POCKET GARDEN COMPANY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WOOLLY POCKET GARDEN COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
IF YOU ARE DISSATISFIED WITH THIS WEBSITE OR ANY CONTENT ON THE WEBSITE, OR WITH THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS WEBSITE. YOU ACKNOWLEDGE, BY YOUR USE OF THIS WEBSITE, THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF WOOLLY POCKET GARDEN COMPANY UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).
You agree to be personally liable and fully indemnify Woolly Pocket Garden Company and its successors and assigns for any and all damages directly, indirectly and/or consequentially resulting from any attempted or actual unauthorized downloading or other duplication of materials from the Website by you alone, or with, or under the authority of, any other person(s), including, without limitation, any governmental agency(ies), wherein such damages include, without limitation, all direct and consequential damages directly or indirectly resulting from unauthorized downloading of materials from the Website including, but not limited to, damages resulting from loss of revenue, loss of property, fines, attorney’s fees and costs, including, without limitation, damages resulting from prosecution and/or governmentally imposed seizure(s), forfeiture(s), and/or injunction(s).
11. Disclosure and Other Communication
11.1 We reserve the right to send electronic mail to you, for the purpose of informing you of changes or additions to the Website, or of any of our related products and services. We reserve the right to disclose information about your usage of the Website and demographics in forms that do not reveal your personal identity. We do not collect, sell, trade, or give away any personal information in any way. Our Website may set cookies on your computer to facilitate your navigation while on our Website. Our Website may contain links to other websites. We are not responsible for the privacy practices, content or lawfulness of the linking websites.
11.2 You hereby grant us the right, from time to time, at our discretion to send you commercial, advertising or informational emails at your email address. You acknowledge that we may rely upon your viewing of the Website as your permission to us to send you such emails. Furthermore, you grant us the right to continue to send you such emails until you specifically notify us that you wish us to stop sending you said emails.
12. Venue and Jurisdiction
These Terms and Conditions shall be governed by and construed under the laws of the State of California and the United States as applied to agreements between California state residents entered into and to be performed within the State of California, except as governed by Federal law. In case of any litigation regarding this Agreement, you agree that the venue for such litigation shall be, depending on the subject matter of the dispute, shall be resolved exclusively by the state and/or federal courts of the State of California, County of Alameda and/or the Northern district of California.
13. Unenforceability of Provisions
If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. Unless otherwise explicitly stated, the provisions of this Agreement shall survive its termination.