Agreement to Terms and Conditions of Use

These Terms and Conditions of Use constitute a legally binding agreement made between you (“you”), whether personally or on behalf of any entity you are associated with, and Alpenglow Exotic Plants (“Alpenglow”, “we”, “us”, or “our”), concerning your access to and use of the website https://alpenglowexoticplants.com as well as any other electronic media form, media channel, mobile website or mobile or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). You agree that by accessing the Site, you have read, understood, and agreed to be bound by all of these Terms and Conditions of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS AND CONDITIONS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND MUST IMMEDIATELY DISCONTINUE YOUR USE OF SAME.

Any and all Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms and Conditions of Use at any time and for any reason. We will alert you to any such changes by modifying the “Last updated” date of these Terms and Conditions of Use at the top of this page, and you waive any right to receive specific notice of each such change. Please check the applicable Terms and Conditions of Use each time you use the Site. Failure on your part to consult the Terms and Conditions of Use does not relieve you of any obligation or requirement herein and does not deprive us of any privilege or right specified herein whatsoever. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Site after the date such revised Terms of Use are posted.

The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

The Site is intended for users who are at least 18 years of age. Persons under the age of 18 are not permitted to use or register for the Site.

User Representations

By using the Site, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Terms and Conditions of Use; (4) you are at least 18 years of age; (5) you are not a minor in the jurisdiction in which you reside; (6) you will not access the Site through automated or non-human means, whether through a bot, script or otherwise; (7) you will not use the Site for any illegal or unauthorized purpose; and (7) your use of the Site will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

Intellectual Property Rights

Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “IP”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions. The Content and IP are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or IP may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. Except as expressly provided in these Terms and Conditions of Use, no part of the Site and no Content or IP may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

User Registration

You may be required to register with the Site. You agree to keep your password confidential and will be responsible for all use of your account and password. You agree not to select any username that is inappropriate, obscene, or violative of any law. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable. However, nothing in this section shall be construed to impose upon us any obligation to do so. At all times you are solely responsible for the use of your account and username.

Products

We make every effort to display as accurately as possible the color, size, condition, features, specifications, and details of all plants, plant supplies, and other products (collectively, the “Products”) on the Site. However, we do not guarantee that the color, size, condition, features, specifications, and details of the Products will be accurate, complete, reliable, current, or free of other errors, and your electronic display may not accurately reflect the actual colors and details of the Products. Please note that where an item for sale has multiple inventory of the same available for purchase, all photos displayed are a representative depiction of one of the items for sale but will not display each and every individual stock unless otherwise indicated. Plants naturally contain variations in size, shape, color, etc. and the photos used on the Site are merely representative of the plant you will receive. Where multiple items are displayed in a single photo on the Site, the item for sale is a item from the photo and not a bundled lot unless otherwise specified. All products are subject to availability, and we cannot guarantee that items will be in stock, as many items are offered for sale on multiple sale platforms. We reserve the right to discontinue any products at any time and for any reason. Prices for all products are subject to change.

Purchases and Payment

Purchase Conditions

Purchases are only available to eligible residents of U.S. States and territories. We regret that we are unable to offer plants, seeds, plant parts, or soil/planting media to international customers at this time due to the expense of CITES and phytosanitary certificates in the United States as well as the complex regulations surrounding plant exportation.

By making a purchase, you agree, represent, and warrant that you are an eligible customer as described in these Terms and Conditions of Use and that your State and local jurisdiction allows the mail order of live plants, seeds, plant products, soil, or any other product that you purchase. It is simply impossible for us to research the multitude of laws or regulations that may be applicable to your State, territory, or locality. We are unable to provide phytosanitary certificates or any other special certifications. You are solely responsible for compliance with any laws or regulations in your State, territory, or locality related to the mail-order purchase of live plants or any other products sold on the Site. You are also solely responsible for any fines, sanctions, seizures, or destruction of plants related to your failure to comply with applicable law or regulation of your jurisdiction.

Although we do our very best to ensure that our plants are free from pests and diseases, some pests and diseases are not readily detectable at the time of shipping. Accordingly, we make no warranty that a plant is pest and disease-free. All plants are sold as is.

Payment and Order Terms

We accept any of the forms of payment available on the checkout page. Acceptable forms of payment are subject to change.

You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Site. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as deemed required by us. All purchases by Virginia residents will incur sales tax at the then-current rate. We may change prices at any time. All payments shall be in U.S. dollars.

You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.

We reserve the right to refuse any order placed through the Site. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, distributors, scammers, or other individuals we believe to be unscrupulous.

Return Policy

All sales are final, and no refunds will be issued except as provided below in the section titled Guarantees and Refunds.

Guarantees and Refunds

Live Arrival Guarantee

When ordered during suitable weather, plants are guaranteed to arrive alive and healthy. Suitable weather varies by plant species but is typically 45F-95F for lowland and tropical plants and 40F-85F for highland nepenthes and other sensitive species. Determination of whether a plant was ordered during suitable weather is at our sole discretion. Plants ordered outside suitable weather, i.e. periods of extreme heat or cold, are at the sole risk of the buyer. It is your sole responsibility to research the temperature tolerance of the plants you purchase and to monitor your weather forecast prior to placing an order. Alive and healthy means that the plants will arrive in suitable condition for continued growth and will not display serious damage beyond minor cosmetic damage incurred in shipping. Although we will do our very best to package plants in a manner that reduces the potential for harm to the plants during shipment, some level of damage is likely unavoidable due to handling by postal carriers. Browned or broken leaves and pitchers, disturbed soil, broken roots, or similar damage that commonly occurs in shipping constitutes minor cosmetic damage and will not be a reason for a refund or replacement.

Refunds and Replacements

In the event that you receive a plant that is not alive and healthy, please contact us at support@alpenglowexoticplants.com within 5 hours of receipt of the plant. Refund or replacement requests received more than 5 hours after the delivery, as confirmed by postal tracking, will not be considered. Please provide clear photos and/or videos that sufficiently document the damage or destruction of the plant or product. If we determine, in our sole discretion, that the plant did not arrive alive and healthy, we will offer the buyer a refund, replacement, or store credit, at our election and subject to availability. We may require the return of the damaged or destroyed plant or product for our inspection prior to the issuance of a refund or replacement. In such instance, you will receive a prepaid return label at our expense.

Requests for refunds and replacements should be made in a civil manner and free from vulgarity, threats, or churlishness. If You violate this requirement, your request will not be considered, and you may be prohibited from placing future orders.

Cancellations

Orders may be canceled up until they are packaged for shipment. Cancellation requests should be sent to support@alpenglowexoticplants.com. The sooner a request is made, the more likely we can honor the cancellation.

Prohibited Activities

You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Site, you agree not to:

Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
Use any information obtained from the Site in order to harass, abuse, or harm another person.
Make improper use of our support services or submit false reports, claims, and the like.
Use the site in a manner inconsistent with any applicable laws or regulations.
Engage in unauthorized framing of or linking to the Site.
Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming, that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operations, or maintenance of the Site.
Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
Delete the copyright or other proprietary rights from any Content.
Attempt to impersonate another user or person or use the username or login credentials of another user.
Upload or transmit (or attempt to upload and transmit) any spyware or passive collection mechanisms.
Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, Javascript, or other code.
Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.
Use a buying agent or purchasing agent to make purchases on the Site.
Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.
Use the Site to advertise or offer to sell goods and services.
Sell or otherwise transfer your profile or login account.

Site Management

We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms and Conditions of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms and Conditions of Use, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site and Marketplace Offerings.

Please review our Privacy Policy, accessible from the footer of any page on the Site. By using the Site, you agree to be bound by our Privacy Policy, which is incorporated into these Terms and Conditions of Use. Please be advised that the Site is hosted in the United States. If you access the Site from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from the applicable laws in the United States, then through your continued use of the Site, you agree to transfer your data to the United States, and you expressly consent to have your data processed in the United States, under the laws of the United States. If your local jurisdictional laws surrounding data use conflict with those of the United States, you must cease use of this website immediately. In no instance will we be liable for violations of foreign data use and or privacy laws, as users accessing the Site from such locations do so in violation of these Terms and Conditions of Use.

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Agreement to Terms and Conditions of Use