PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE, AS WELL AS OUR PRIVACY POLICY. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
Copyright
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Artificial Trees. The collective work includes works that are licensed to Artificial Trees. Copyright 2009-2010, Artificial Trees, ALL RIGHTS RESERVED. Artificial Trees does not investigate to determine if such works are accurate nor can Artificial Trees provide assurance that all such works are free of typographical errors. Artificial Trees cannot guarantee information displayed on the site to be 100% accurate. No mechanized or other systematic process for harvesting information from the web site for any purpose, including without limitation, any commercial purpose, is permitted. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Artificial Trees. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
Trademarks
All trademarks, service marks and trade names of Artificial Trees used in the site are trademarks or registered trademarks of Artificial Trees
Limitation of Liability
Artificial Trees SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE OR THE PERFORMANCE OF THE PRODUCTS, EVEN IF Artificial Trees HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Term; Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be modified or terminated by Artificial Trees without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall in all events survive any termination of these terms and conditions.
Notice
Artificial Trees may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Artificial Trees.
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 Artificial Trees 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. Artificial Trees 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 Artificial Trees cannot be responsible for the content posted on the site by users and that your use of the site is at your own risk. Artificial Trees 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.
Participation Disclaimer
Artificial Trees does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner 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, Artificial Trees is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Artificial Trees 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 Artificial Trees in its sole discretion.
Indemnification
You agree to indemnify, defend, and hold harmless Artificial Trees, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions, any content you post to or make available on the site, or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
Privacy
Registration data and certain other information about you is subject to our Privacy Policy. For more information, see our privacy policy.
You acknowledge and agree that Artificial Trees may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these terms and conditions; (c) respond to claims that any content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Artificial Trees, Artificial Trees users, and the public.
You understand that the technical processing and transmission of the site, including your content, may involve (a) transmissions over various networks and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
License
Notwithstanding anything to the contrary in these terms and conditions, with respect to content you submit or make available for inclusion on the site, you grant Artificial Trees 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.
Third-Party Links
In an attempt to provide increased value to our visitors, Artificial Trees may link to sites operated by third parties. However, even if the third party is affiliated with Artificial Trees, Artificial Trees has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Artificial Trees. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Artificial Trees seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
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, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Artificial Trees products) shall be in the state or federal courts located in San Francisco, California. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Artificial Trees products) must be commenced within one (1) year after the claim or cause of action arises or be barred forever. Artificial Trees's 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 Artificial Trees 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. Artificial Trees may assign its rights and duties under this Agreement to any party at any time without notice to you.
PRIVACY POLICY
What information do we collect?
Information we may collect from you includes your name, address, phone number, email address, and, when necessary, credit card information and date of birth. We may collect information from you when you register on the site, place an order, enter a contest or sweepstakes, respond to a survey or communication such as e-mail, or participate in another site feature. You may, however, visit our site anonymously without providing this information.
Like many websites, we use "cookies" to enhance your experience and gather information about visitors and visits to our websites. Please refer to the "Do we use 'cookies'?" section below for information about cookies and how we use them.
How do we use your information?
We may use the information we collect from you in the following ways:
- To personalize your site experience and to allow us to deliver the type of content and product offerings in which you are most interested..
- To allow us to better service you in responding to your customer service requests.
- To quickly process your transactions.
- To administer a contest, promotion, survey or other site feature.
We may send you periodic e-mails. If you would like to discontinue receiving promotional e-mail from us, please refer to the "How can you opt-out, remove or modify information you have provided to us?" section below. Visitors who register or participate in other site features such as marketing programs and 'members-only' content will be given a choice whether they would like to be on our e-mail list and receive e-mail communications from us.
How do we protect visitor information?
We implement a variety of security measures to maintain the safety of your personal information. Your personal information is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems. When you place orders or access your personal information, we offer the use of a secure server. All sensitive/credit information you supply is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our databases to be only accessed as stated above.
Do we use "cookies"?
Yes. Cookies are small files that a site or its service provider transfers to your computer's hard drive through your Web browser (if you allow) that enables the site's or service provider's systems to recognize your browser and capture and remember certain information. For instance, we use cookies to help us remember and process the items in your shopping cart. They are also used to help us understand your preferences based on previous or current site activity, which enables us to provide you with improved services. We also use cookies to help us compile aggregate data about site traffic and site interaction so that we can offer better site experiences and tools in the future.
We may contract with third-party service providers to assist us in better understanding our site visitors. These service providers are not permitted to use the information collected on our behalf except to help us conduct and improve our business.
You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser (like Firefox or Internet Explorer) settings. Each browser is a little different, so look at your browser Help menu to learn the correct way to modify your cookies. If you turn cookies off, you won't have access to many features that make your site experience more efficient and some of our services will not function properly. However, you can still place orders over the telephone by contacting customer service.
Do we disclose the information we collect to outside parties?
We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information unless we provide you with advance notice, except as described below. The term "outside parties" does not include Artificial Trees. It also does not include website hosting partners and other parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others' rights, property, or safety.
Occasionally, we may provide your e-mail address or physical address to marketing partners in an effort to make you aware of products or services in which you may have an interest. In addition, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.
From time to time, we make our mailing list (names and addresses only) and general shopping activity available to carefully screened companies whose products we believe will be of interest to you and whose privacy practices meet the Direct Marketing Association's privacy standards. We do not share email addresses for this purpose. If you prefer that we do not share any information with these companies, please contact us.
Changes to our policy
If we decide to change our privacy policy, we will post those changes on this page. Policy changes will apply only to information collected after the date of the change.
Questions and feedback
We welcome your questions, comments, and concerns about privacy. Please send us any and all feedback pertaining to privacy, or any other issue.
Online Policy Only
This online privacy policy applies only to information collected through our website and not to information collected offline.
Terms and Conditions
Please also see our Terms and Conditions section establishing the use, disclaimers, and limitations of liability governing the use of our website.
Your consent
By using our site, you consent to our privacy policy.
