Sprouted Nest Inc:
By placing an order through this website, you agree to the terms and conditions set for the below.
Please read through these terms carefully before placing your order and print a copy for future
reference. Please also read our Privacy Policy regarding personal information provided by you, which
is incorporated herein by reference.
Phone: 800-443-0408
Email:
info@sproutinglawntools.com
One Time Sale Terms:
1. 1 Gardening Scissor Set = $14.93
2. 1 Gardening Tool Kit Set = $19.93
3. 2 Gardening Tool Kit Set = $29.93
4. 1 Portable Garden Bench Set = $39.93
By placing an order with us, you agree to our full Terms And Conditions & Privacy Policy. You will see a charge from 8004430408sproutinglaw on your bank statement.
Shipping:
Standard shipping orders will be processed and shipped with USPS within about 1 business day. Shipping time is estimated to be 5-7 business days from when your order ships out. Thank you for your business.
Return Policy:
1025 Industry Road, Harrodsburg, KY 40330, USAIn order to obtain your refund, contact customer service by phone or email and obtain an RMA (Return Merchandise Authorization) number to place on your package. Write this number on the outside of the shipping package, and send back the opened/unopened product to our fulfillment center, within thirty (30) days of the date you received the product. In order for your refund to be processed the product must arrive at our fulfillment facility within thirty (30) days of the original date you received your purchase. You pay for return shipping. Returns are processed within 24-48 hours of arrival at the fulfillment facility. Once our fulfillment center has received the package and relayed the correct information to us, you will be issued a refund. Your refund will be credited back to your bank account, and may take up to 5-7 business days to show in your statement, depending on the speed of the processing bank.
TERMS OF SERVICE
This Terms of Service ("TOS") is a legally binding agreement made by and
between Sprouted Nest Inc ("we" or "us") and you, personally and, if applicable, on behalf of the
entity for whom you are using this web site (collectively, "you"). This TOS governs your use of the
https://sproutinglawntools.com/ web site.
Corporate Name and Address (Not return address)
Sprouted Nest Inc
820 N Wheeler ST 1D, Griffith, IN 46319 (USA)
1. Using the Web Site.
(a) Eligibility. Except as expressly provided below, Services may only be used by, individuals who
can form legally binding contracts under applicable law. Without limitation, minors are prohibited
from using fee-based Services.
(b) Compliance. You must comply with all of the terms and
conditions of this TOS, the policies referred to below, and all applicable laws, regulations and
rules when you use the Web Site.
(c) License and Restrictions. Subject to the terms and
conditions of this TOS, you are hereby granted a limited, non-exclusive right to use the content and
materials on the Web Site in the normal course of your use of the Web Site. You may not use any
third party intellectual property without the express written permission of the applicable third
party, except as permitted by law. The Website will retain ownership of its intellectual property
rights and you may not obtain any rights therein by virtue of this TOS or otherwise, except as
expressly set forth in this TOS. You will have no right to use, copy, display, perform, create
derivative works from, distribute, have distributed, transmit or sublicense from materials or
content available on the Web Site, except as expressly set forth in this TOS. You may not attempt to
reverse engineer any of the technology used to provide the Services.
(d) Prohibited Conduct.
In your use of the Web Site and the Services, you may not: (i) infringe any patent, trademark, trade
secret, copyright, right of publicity or other right of any party; (ii) defame, abuse, harass, stalk
any individual, or disrupt or interfere with the security or use of the Services, the Web Site or
any web sites linked to the Web Site; (iii) interfere with or damage the Web Site or Services,
including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code,
flood pings, denial of service attacks, packet or IP spoofing, forged routing or electronic mail
address information or similar methods or technology; (iv) attempt to use another user's account,
impersonate another person or entity, misrepresent your affiliation with a person or entity,
including (without limitation) the Website or create or use a false identity; (v) attempt to obtain
unauthorized access to the Web Site or portions of the Web Site that are restricted from general
access; (vi) engage, directly or indirectly, in transmission of "spam," chain letters, junk mail or
any other type of unsolicited solicitation; (vii) collect, manually or through an automatic process,
information about other users without their express consent or other information relating to the Web
Site or the Services; (viii) use any meta tags or any other "hidden text" utilizing the
Sprouted Nest Inc name, trademarks, or product names; (ix) advertise, offer to sell, or sell any
goods or services, except as expressly permitted by the Website; (x) engage in any activity that
interferes with any third party's ability to use or enjoy the Web Site or Services; or (xi) assist
any third party in engaging in any activity prohibited by this TOS.
(e) Other Users. If you
become aware of any conduct that violates this TOS, We encourage you to contact Customer Service. We
reserve the right, but will have no obligation, to respond to such communications.
2. Your Content.
(a) License. By posting, storing, or transmitting any content on or to
the Website, you hereby grant us a perpetual, worldwide, non-exclusive, royalty-free,
sub-licensable, right and license to use, copy, display, perform, create derivative works from,
distribute, have distributed, transmit and sublicense such content in any form, in all media now
known or hereinafter created, anywhere in the world. You hereby irrevocably waive any claims based
on moral rights or similar theories, if any.
(b) Objectionable Content. We do not have the
ability to control the nature of the user-generated content offered through the Web Site. You are
solely responsible for your interactions with other users of the Web Site and any content that you
post. We will not be liable for any damage or harm resulting from any content or your interactions
with other users of the Web Site. We reserve the right, but have no obligation, to monitor
interactions between you and other users of the Web Site and take any other action to restrict
access to or the availability of any material that we or another user of the Web Site may consider
to be obscene, lewd, lascivious, filthy, excessively violent, harassing or otherwise objectionable
(including, without limitation, because it violates this TOS).
3. Accuracy of Information.
We attempt to ensure that the information on the Web Site is
complete and accurate; however, this information may contain typographical errors, pricing errors,
and other errors or inaccuracies. We assume no responsibility for such errors and omissions, and
reserve the right to: (i) revoke any offer stated on the Web Site; (ii) correct any errors,
inaccuracies or omissions .
4. Sales Tax.
If you purchase any products available on the Web Site ("Products"), you
will be responsible for paying any applicable sales tax indicated on the Web Site.
5. Fraud.
We reserve the right, but undertake no obligation, to actively report and
prosecute actual and suspected credit card fraud. We may, in our discretion, require further
authorization from you such as a telephone confirmation of your order and other information. We
reserve the right to cancel, delay, refuse to ship, or recall from the shipper any order if fraud is
suspected. We capture certain information during the order process, including time, date, IP
address, and other information that will be used to locate and identify individuals committing
fraud. If any Web Site order is suspected to be fraudulent, we reserve the right, but undertake no
obligation, to submit all records, with or without a subpoena, to all law enforcement agencies and
to the credit card company for fraud investigation. We reserve the right to cooperate with
authorities to prosecute offenders to the fullest extent of the law.
6. Intellectual Property Rights.
(a) Copyright. All materials on the Web Site, including
without limitation, the logos, design, text, graphics, other files, and the selection and
arrangement thereof are either owned by us or are the property of our suppliers or licensors or
other companies. You may not use such materials without permission.
(b) Trademarks.
Sprouted Nest Inc is a trade name we own. The related design marks, and other trademarks on the Web
Site are owned by us. Page headers, custom graphics, button icons and scripts are trademarks or
trade dress we own. You may not use any of these trademarks, trade dress, or trade names without our
express written permission.
7. Third Party Websites.
https://sproutinglawntools.com/ may contain links to other websites on the
Internet that are owned and operated by third parties. We do not control the information, products
or services available on these third party websites. The inclusion of any link does not imply our
endorsement of the applicable website or any association with the website's operators. Because we
have no control over such websites and resources, you agree that we are not responsible or liable
for the availability or the operation of such external websites, for any material located on or
available from any such websites or for the protection of your data privacy by third parties. Any
dealings with, or participation in promotions offered by, advertisers on the Website, including the
payment and delivery of related goods or services, and any other terms, conditions, warranties or
representations associated with such dealings or promotions, are solely between you and the
applicable advertiser or other third party. You further agree that we shall not be responsible or
liable, directly or indirectly, for any loss or damage caused by the use of or reliance on any such
material available on or through any such site or any such dealings or promotions.
8. Linking and Framing.
You may not deep link to portions of the Web Site, or frame,
inline link, or similarly display any of our property, including, without limitation, the Web Site.
You may not use any of our logos or other trademarks as part of a link without express written
permission.
9. Comments.
All comments, feedback, suggestions, ideas, and other submissions that you
disclose, submit or offer to us in connection with your use of the Web Site will become our
exclusive property. Such disclosure, submission or offer of any Comments shall constitute an
assignment to us of all worldwide right, title and interest in all patent, copyright, trademark, and
all other intellectual property and other rights whatsoever in and to the Comments and a waiver of
any claim based on moral rights, unfair competition, breach of implied contract, breach of
confidentiality, and any other legal theory. You will, at our cost, execute any documents to affect,
record, or perfect such assignment. Thus, we will own exclusively all such right, title and interest
and shall not be limited in any way in the use, commercial or otherwise, of any Comments. You should
not submit any Comments to us if you do not wish to assign such rights to us. We are and will be
under no obligation: (i) to maintain any Comments in confidence; (ii) to pay to you or any third
party any compensation for any Comments; or (iii) to respond to any Comments. You are and shall
remain solely responsible for the content of any Comments you make.
10. Indemnification.
You agree to defend, indemnify and hold the Web Site, and its
subsidiaries, affiliates, and their directors, officers, agents, members, shareholders, co-branders
or other partners, employees, and Ad Partners harmless from any liabilities, losses, actions,
damages, claims or demands, including reasonable attorneys' fees, costs and expenses, made by any
third party directly or indirectly relating to or arising out of (a) content you provide to the Web
Site or otherwise transmit or obtain through the Service, (b) your use of the Service, (c) your
connection to the Service, (d) your violation of this Agreement, (e) your violation of any rights of
another or (f) your failure to perform your obligations hereunder. If you are obligated to provide
indemnification pursuant to this provision, we may, in our sole and absolute discretion, control the
disposition of any Claim at your sole cost and expense. Without limitation of the foregoing, you may
not settle, compromise, or in any other manner dispose of any Claim without our consent.
11. DISCLAIMERS, EXCLUSIONS AND LIMITATIONS.
(a) DISCLAIMER OF WARRANTIES. WE PROVIDE THE
WEB SITE, THE PRODUCTS, AND SERVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE DO NOT REPRESENT OR
WARRANT THAT THE PRODUCTS, THE WEB SITE, THE SERVICES, ITS USE, ANY INFORMATION ON IT: (I) WILL BE
UNINTERRUPTED OR SECURE, (II) WILL BE FREE OF DEFECTS, INACCURACIES OR ERRORS, (III) WILL MEET YOUR
REQUIREMENTS, OR (IV) WILL OPERATE IN THE CONFIGURATION OR WITH OTHER HARDWARE OR SOFTWARE YOU USE.
WE MAKE NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THIS TOS, AND HEREBY DISCLAIM ANY AND ALL
IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE,
MERCHANTABILITY AND NON-INFRINGEMENT.
(b) DISCLAIMER OF FORWARD-LOOKING STATEMENTS. THIS WEB
SITE MAY CONTAIN FORWARD-LOOKING STATEMENTS THAT REFLECT OUR CURRENT EXPECTATION REGARDING FUTURE
EVENTS AND BUSINESS DEVELOPMENT. THE FORWARD-LOOKING STATEMENTS INVOLVE RISKS AND UNCERTAINTIES.
ACTUAL DEVELOPMENTS OR RESULTS COULD DIFFER MATERIALLY FROM THOSE PROJECTED AND DEPEND ON A NUMBER
OF FACTORS, SOME OF WHICH ARE OUTSIDE OUR CONTROL.
(c) HEALTH RELATED INFORMATION. WE PROVIDE
INFORMATION ON THE WEB SITE FOR INFORMATIONAL PURPOSES ONLY. IT IS NOT MEANT AS A SUBSTITUTE FOR THE
ADVICE OF A DOCTOR OR OTHER HEALTH CARE PROFESSIONAL. YOU SHOULD NOT USE THE INFORMATION AVAILABLE
ON OR THROUGH THE WEB SITE FOR DIAGNOSING OR TREATING A MEDICAL CONDITION. YOU SHOULD CAREFULLY READ
ALL PRODUCT INSTRUCTIONS PRIOR TO USE.
(d) PRODUCTS. ALL PRODUCTS ARE SUBJECT ONLY TO ANY
APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURERS, DISTRIBUTORS, AND SUPPLIERS, IF ANY,
PROVIDED IN THE PRODUCT PACKAGING. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE HEREBY
DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY
IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR
PRODUCT DEFECT OR FAILURE CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT
MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION
(e) EXCLUSION OF DAMAGES. WE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY
CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING, WITHOUT LIMITATION,
DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) ARISING OUT OF, RELATING TO OR
CONNECTED WITH THE USE OF THE WEB SITE OR PRODUCTS, REGARDLESS OF THE CAUSE OF ACTION ON WHICH THEY
ARE BASED, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OCCURRING.
(f) LIMITATION OF
LIABILITY. IN NO EVENT WILL OUR AGGREGATE LIABILITY ARISING FROM, RELATING TO, OR IN CONNECTION WITH
THIS TOS (INCLUDING, WITHOUT LIMITATION, CLAIMS RELATING TO THE WEB SITE, OR THE PRODUCTS) EXCEED
THE GREATER OF $100 OR THE AMOUNT THAT YOU PAID FOR THE PRODUCTS.
12. Force Majeure.
You acknowledge and understand that if the Web Site is unable to
provide the Products as a result of a force majeure event the Website will not be in breach of any
of its obligations towards You under these Terms of Service. A force majeure event means any event
beyond the control of the Website. THE WEBSITE SHALL NOT HAVE ANY LIABILITY TO YOU WHETHER IN
CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER FORM OF LIABILITY FOR FAILING TO
PERFORM ITS OBLIGATIONS UNDER THIS AGREEMENT TO THE EXTENT THAT SUCH FAILURE IS AS A RESULT OF A
FORCE MAJEURE EVENT.
13. Domestic Use
Export Restriction. We control the Web Site from our offices within the
United States of America.
14. Arbitration.
All disputes arising out of or relating to this TOS (including its
formation, performance or alleged breach) or your use of the Web Site will be exclusively resolved
under confidential binding arbitration held.
15. Waiver of Class Action Rights.
BY ENTERING INTO THIS TOS, YOU HEREBY IRREVOCABLY
WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHERS IN THE FORM OF A CLASS ACTION OR
SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTED WITH THIS TOS MUST
BE ASSERTED INDIVIDUALLY.
16. Limitation of Actions.
You acknowledge and agree that, regardless of any statute or
law to the contrary, any claim or cause of action you may have arising out of, relating to, or
connected with your use of the Web Site, must be filed within one calendar year after such claim or
cause of action arises, or forever be barred.
17. Modification of Terms of Service.
We reserve the right to change or modify these
Terms of Use at any time and your continued use of this site will be conditioned upon the Terms of
Use in force at the time of your use. You can always check the most current version of the Terms of
Use at this page.
18. Termination.
We will have the right to terminate your access to the Web Site if we
reasonably believe you have breached any of the terms and conditions of this TOS. Following
termination, you will not be permitted to use the Web Site and we may, in our discretion, cancel any
outstanding Product Orders. If your access to the Web Site is terminated, we reserve the right to
exercise whatever means we deem necessary to prevent unauthorized access to the Web Site, including,
but not limited to, technological barriers, IP mapping, and direct contact with your Internet
Service Provider. This TOS will survive indefinitely unless and until we choose to terminate it,
regardless of whether any account you open is terminated by you or us or if you have the right to
access or use the Web Site.
19. Integration.
This TOS contains the entire understanding between you and us regarding
the use of the Web Site, and supersedes all prior and contemporaneous agreements and understandings
between you and us relating thereto.