Terms and Conditions

www.theplantdad.com

Effective date: 01 August 2020

  1. Introduction

Welcome to The Plant Dad website which is located on www.theplantdad.com (“Site” or “Website”).

The Plant Dad is owned by Home&Larder LLC and operated from Maryland, United States. Throughout the Site, the terms “we”, “us”, “The Plant Dad” and “our” refer to Home&Larder LLC. We offer this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

By visiting our site and/ or purchasing something from us (“Customer”), you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms and Conditions apply to all users of the site, including without limitation users who are browsers, customers, merchants, and/ or contributors of content.

PLEASE READ THE FOLLOWING TERMS AND DISCLAIMERS CAREFULLY BEFORE USING THE SERVICES.

By accessing or using our Services, you agree to these Terms, conditions, and all applicable laws. If you do not agree with these Terms, our Privacy Policy, or any other of our policies, you should not use the Services.

  • Our Products

  • What we provide. We provide home and garden products, mainly for home gardeners. We also provide heirloom vegetable seeds, herb seeds, planters, and other relevant equipment and products.

  • Descriptions of our products. The pictures of our products (and packaging) on our website are for illustrative purposes only. We work to ensure that colors, dimensions, and other physical characteristics are displayed and represented accurately, but we can’t guarantee that a device’s display of the colors exactly reflects those of our products or warrant that any claims of potential growth/harvest will be fully realized. Specific vegetable varieties shown in product drawings are also for illustrative purposes only – we do not guarantee that you will receive seeds which grow into the vegetables appearing in our drawings.

  • Sole Discretion. The Plant Dad reserves the right to add, discontinue, or modify any product or service at its sole discretion.

  • Eligibility to Purchase

The purchase of products through The Plant Dad is strictly limited to parties who can lawfully enter into and form contracts on the Internet.  To make purchases on the Site you may be required to provide your personal details and payment details that you represent and warrant are both valid and correct and you confirm that you are the person referred to in the Billing information provided. If you are under age 18, you may only use the Services with the consent and supervision of your parent or legal guardian. Please be sure your parent or legal guardian has reviewed and discussed these Terms with you.

The Plant Dad reserves the right to restrict multiple quantities of an item being shipped to any one customer or postal address.

  • Orders

All orders are subject to acceptance and availability. Once you have placed your order on the Site, you will receive an email acknowledging the details of your order. This email is not an acceptance of your order. Acceptance of your order will be perfected upon completion of the packing of your order unless you cancel your order. We may also refuse to process and therefore accept a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party because of our withdrawing any product, service, or feature from the Site or refusing to process a transaction or unwinding or suspending any transaction after processing has begun.

  • Payment

Our Site accepts multiple major payment methods which include:

  • Visa (credit and debit cards) 
  • MasterCard (credit and debit cards) 
  • American Express  
  • PayPal
  • Any other payment method accepted by The Plant Dad.

We reserve the right to add or change our payment methods at our sole discretion anytime.

  • Pricing Policy

Prices shown on the Site are in US Dollars and are exclusive of taxes and shipping/handling. Sales tax will only be charged on orders where applicable.

Sometimes we need to make changes to the price of some of our products and subscriptions. When this happens, we’ll update the prices on our website. If you placed your order for a one-time-purchase (non-subscription) product before the price change, the price you are charged will be as stated on our website at the time when you placed your order. If you placed an order for a subscription product, you will be charged the most recently updated website rate on your next renewal date. A price adjustment on the site does not entitle you to any refunds or charge adjustments for prior purchases.

  • Subscriptions

  • The Plant Dad offers annual “Seed Subscription” subscription products to our Customers.
  • If a Customer cancels a subscription, they are not billed for renewal starting at the next renewal date, which is typically one year from the date of original purchase. They will continue to receive the product up until the date of their next renewal (had they not cancelled). Any other behavior constitutes a “return” and is handled under our “Shipping and Refunds” policy.
  • Subscriptions can be canceled at any time, which will cease any recurring payment but will not by default refund a payment already made for a given season (as discussed above).
  • Annual subscriptions automatically renew on the anniversary of the original purchase at the current website price unless the Customer cancels prior to the renewal.
  • Please contact The Plant Dad if you wish to change your date of annual renewal.
  • Shipping and Refunds

All purchases through our site or other transactions for the sale of goods, or information formed through the Website, or resulting from visits made by you, are governed by these Terms and our Shipping and Refunds Policy. The Plant Dad only sells to Customers within the continental United States of America (USA). Please refer to our Shipping and Refunds policy for more information on this section. In general, if Customers are not satisfied, they can get in touch with The Plant Dad at customersupport@theplantdad.com. The Plant Dad aims to satisfy its customers and will consider your refunds situation on a case-by-case basis.

  • Discount Codes

We may provide promotional codes offering a discount on our products or subscriptions. Promotional codes cannot be applied to past purchases. Promotional codes are non-transferable and there is no cash alternative. Furthermore, they cannot be used in conjunction with any other promotional code or offers and must be used by the date published, if any. Only one promo code can be used at checkout. We reserve the right at any time without notice to retract and/or change the terms of promotional codes.

  1. Community Forum Disclaimer

The Plant Dad also provides a Community Forum (“Forum”) for its users and members. All forum users agree to abide by the Forum Rules and acknowledge and accept the disclaimer and liability statement here, as well as the terms laid out in the Privacy Policy.

Rules

  • Be polite and respectful to all forum users, including moderators. Bullying, aggression, nuisance behavior, and discrimination will not be tolerated. Language must be professional and polite.
  • Keep discussions on topic. 
  • Your posting must be your own content. You must be truthful and factual, and opinions and unsubstantiated statements must be acknowledged as such. You must not mislead or misquote, or attempt to impersonate or pose as another person when posting.
  • You agree that The Plant Dad may remove any of your content or ban you from using the forum for any reason.
  • Our discretionary power, and the discretionary power of any The Plant Dad designated community moderators, is absolute in managing the Forum to the maximum extent allowed by law.

Disclaimer

The Plant Dad is not responsible for the content of forum posts and does not certify any information on the forums as correct, worthy, or accurate. You should treat any advice received under these considerations. All posts and other communications through the Plant Dad forums, including private communications, are the property of the Plant Dad. We reserve the right to remove your content, including all posts and topics created, at our discretion.

Liability

As the User, you accept sole liability for any content you post to (or read from) the forums. You agree to indemnify The Plant Dad and its team members against all costs, claims, damages, liability, legal fees, loss and other expenses we may incur resulting from your post(s) or other communications using The Plant Dad website. We expressly exclude any liability for damages or loss resulting from a breach of the Forum Rules. We retain the right to remove or block access to any material which we believe is in breach of the Forum Rules, at our sole discretion.

Seed Exchange/Seed Swap Program

The Plant Dad may also provide a seed exchange/seed swap program through the Forum or affiliated social media sites. All members and users are responsible to adhere and comply with any applicable laws and local framework for seed swaps. Members and User members are only allowed to swap seeds sent to them by the Plant Dad. The Plant Dad does not take responsibility for any seed swaps conducted between two or more members/users – we view the seed swap (if offered) as a 3rd party member-to-member transaction.

  1. Limited License and Site Access; Acceptable Use

We grant you a limited license to use the Site for personal non-commercial use only. You may not: (a) resell or make any commercial use of this Site or any of the contents of this Site; (b) modify, adapt, translate, reverse engineer, decompile, disassemble or convert any of the contents of this Site not intended to be so read; (c) copy, imitate, mirror, reproduce, distribute, publish, download, display, perform, post or transmit any of the contents of this Site in any form or by any means; or (d) use any data mining, bots, spiders, automated tools or similar data gathering and extraction methods on the contents of the Site or to collect any information from the Site or any other user of the Site.

You use this Site at your own risk. You agree that you will be personally responsible for your use of this Site and all of your communication and activity on this Site. If we determine, in our sole discretion, that you engaged in prohibited activities, were not respectful of other users, or otherwise violated the Terms and Conditions, we may deny you access to this Site on a temporary or permanent basis and any decision to do so is final. Such a decision does not entitle you to any refund.

  1. Accounts, Registrations, and Passwords

If you use this Site and such use requires setting up an account and/or password(s), you are solely responsible for maintaining the confidentiality of your account and password(s) and for restricting access to your computer.  If you open an account, register, or otherwise provide us with any information, you agree to provide us with current, complete, and accurate information as requested by any forms. The Plant Dad is not responsible for any errors or delays in responding to any inquiry or request caused by any incorrect, outdated, or incorrect information provided by you or any technical problems beyond the control of The Plant Dad. You acknowledge and agree that any login, identifier, or password issued in connection with this Site (each a “Password”) is confidential information and must be kept secure. You may not disclose such a Password to another person or entity or permit another entity to access the Site using such a Password. You must notify The Plant Dad immediately of any breach of security or unauthorized use of your account. You are responsible for any liabilities or eventualities arising from the use of the Site under your authenticated account, even if that account is compromised through no fault of The Plant Dad.

  1. Intellectual Property Rights

Your use of the Site and its contents grants no rights to you concerning any copyright, designs, and trademarks and all other intellectual property and material rights mentioned, displayed, or relating to the Content (defined below) on the Site.  All Content, including third party trademarks, designs, and related intellectual property rights mentioned or displayed on this Site, are protected by national intellectual property and other laws. Any unauthorized reproduction, redistribution or other use of the Content is prohibited and may result in civil and criminal penalties. You may use the Content only with our prior written and express authorization. To inquire about obtaining authorization to use the Content, please contact us at customersupport@theplantdad.com.

In addition to the intellectual property rights mentioned above, “Content” is defined as any graphics, photographs, including all image rights, sounds, music, video, audio, metadata, or text on the Site. For more information refer to our Copyrights Policy.

  1. Monitoring Activity

THE PLANT DAD has no obligation to monitor this Site or any portion thereof. However, we reserve the right to review any posted content and remove, delete, redact or otherwise modify such content, in our sole discretion, at any time and from time to time, without notice or further obligation to you. THE PLANT DAD has no obligation to display or post any content. THE PLANT DAD, subject to the Privacy Policy reserves the right to disclose, at any time and from time to time, any information or posted content that it deems necessary or appropriate, including without limitation to satisfy any applicable, law, regulation, contractual obligation, legal, dispute process, or governmental request. THE PLANT DAD shall have no liability in connection with any content or content submitted to, transmitted via, or displayed or posted on this Site, regardless of whether provided by THE PLANT DAD or any other party.

  1. Digital Millennium Copyright Act

The Plant Dad expects all users to respect the intellectual property rights of others. The Plant Dad may remove material that appears in its sole discretion to infringe upon the intellectual property rights of others and we will terminate the access rights of any repeat infringer. If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may notify us at customersupport@theplantdad.com with the Subject “DMCA”.  The notification must include the following information: physical or electronic signature of the owner or authorized agent of the owner of the allegedly infringed work; identification of the allegedly infringed work; identification of the material that is claimed to be infringing and reasonably sufficient information for The Plant Dad to locate the material; contact information of the notifying party, such as an address, telephone number, and email; a statement that the notifying party has a good faith belief that the use of the material in the manner complained of is not authorized by the owner of the allegedly infringed work, its agent or the law; and a statement, under penalty of perjury that the information in the notification is accurate and the notifying party is the owner or authorized agent of the allegedly infringed work.

  1. Permitted Use 

You agree to use the Site and the Services only for purposes that are permitted by these Terms and Conditions and in compliance with all applicable laws, regulations, and generally accepted practices or guidelines in the relevant jurisdictions. You may only use the Site and Services for your non-commercial, non-exclusive, non-assignable, non-transferable, and limited personal use, and no other purposes.

You will not (and will not attempt to):

  1. Access any of the Services by any means other than through the interface that is provided by The Plant Dad;
  2. Gain unauthorized access to The Plant Dad’s computer system or engage in any activity that interferes with the performance of, or impairs the functionality or security of the Site, the Services, The Plant Dad’s networks, and computer systems;
  3. Access any of the Site or the Services through any automated means or with any automated features or devices (including use of scripts or web crawlers);
  4. Access or collect any personally identifiable information, including any names, email addresses or other such information for any purpose, including, without limitation, commercial purposes;
  5. Reproduce, duplicate, copy, sell, trade, or resell any aspect of the Site or the Services for any purpose; and
  6. Reproduce, duplicate, copy, sell, trade or resell any products or services bearing any trademark, service mark, trade name, logo or service mark owned by The Plant Dad in a way that is likely or intended to confuse the owner or authorized user of such marks, names or logos.

  7. Disclaimer

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE PLANT DAD EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING ANY (A) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE AS TO THE SITE AND ITS CONTENT, INCLUDING THE INFORMATION, DATA, SOFTWARE, OR PRODUCTS CONTAINED THEREIN, OR THE RESULTS OBTAINED BY THEIR USE OR AS TO THE PERFORMANCE THEREOF, (B) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING, AND (C) WARRANTIES OR CONDITIONS OF UNINTERRUPTED OR ERROR-FREE ACCESS OR USE. THE SITE AND ALL CONTENTS THEREIN AND COMPONENTS THEREOF ARE PROVIDED ON AN “AS IS” BASIS AND YOUR USE OF THE SITE AND ANY OF THE PLANT DAD PRODUCTS OFFERED IS AT YOUR OWN RISK.

  1. Limitation of Liability

You agree that in no event shall The Plant Dad be liable to you, or any third party, for any lost profits, incidental, consequential, punitive, special, or indirect damages arising out of or in connection with the Site or the Terms and Conditions, even if advised as to the possibility of such damages, regardless of whether the claim for such damages is based in contract, tort, strict liability or otherwise. This limitation on liability includes, but is not limited to, any (i) errors, mistakes, or inaccuracies in any Content or for any loss or damage of any kind incurred by you as a result of your use of or reliance on the Content; (ii) the transmission of any bugs, viruses, Trojan horses or the like which may infect your equipment, and cause failure of mechanical or electronic equipment; (iii) unauthorized access to or use of the Site or The Plant Dad’s secure servers and/or any personal information stored therein; or (iv) theft, operator errors, strikes or other labor problems or any force majeure.

  1. Indemnification

You agree to indemnify and hold The Plant Dad and its subsidiaries, affiliates, officers, directors, agents, and employees, harmless from and against any suit, action, claim, demand, penalty or loss, including reasonable attorneys’ fees, made by or resulting from any third party due to or arising out of your use of the Site, breach of the Terms and Conditions or the materials it incorporates by reference, or your violation of any law, regulation, order or other legal mandates, or the rights of a third party.

  • Governing Law

All matters relating to the Website and these Terms and Conditions, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of the State of Maryland without giving effect to any choice or conflict of law provision or rule.

Any legal suit, action, or proceeding arising out of, or related to, these Terms and Conditions or the Website shall be instituted exclusively in the federal courts of the United States located in, or the courts of, Maryland. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

  • No Jury Trial

Neither party shall elect a trial by jury in any action, suit, proceeding or counterclaim arising out of or in any way connected with this agreement or any other relationship between you and us.

  • Privacy & Cookies

For more information on how we collect your information and use cookies, please refer to our Privacy Policy.

  • Reliance on Information

The information presented on or through the Website, via email, or enclosed in any The Plant Dad product is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents. We are not responsible, or liable to you or any third party, for the content, availability, or accuracy of any materials provided by us or by any third parties.

  • Historic Medicinal Use   

None of the statements on this site are a recommendation as to how to treat any particular disease or health-related condition, nor have they been evaluated by the Food and Drug Administration or the US Department of Agriculture.  Information and advice is based on our own research, opinions, and experiences. Please consult your physician or other qualified health professional before ingesting plant material.

  • Changes

We reserve the right to update and revise these Terms and Conditions at any time. You will know if these Terms and Conditions have been revised since your last visit to the website by referring to the “Effective Date of Current Policy” date at the top of this page. Your use of our Site constitutes your acceptance of these Terms and Conditions as amended or revised by us from time to time, and you should, therefore, review these Terms and Conditions regularly.

  • Electronic Communications

When you visit the Site or send us e-mails, you are communicating with us electronically. In so doing, you consent to receive communications from us electronically. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communication is in writing.

  • Severability

If any of these Terms and Conditions shall be deemed invalid, void, or for any reason unenforceable, that term shall be deemed severable and shall not affect the validity and enforceability of any remaining terms or conditions.

  • Entire Agreement

These Terms and Conditions set forth the entire understanding and agreement between you and The Plant Dad concerning the subject matter herein and supers all prior or contemporaneous communications and proposals, whether electronic, oral or written concerning the Site. A printed version of these Terms and Conditions and any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Any rights not expressly granted herein are reserved. You may not assign the Terms and Conditions, or assign, transfer or sublicense your rights therein. A failure to act concerning a breach by you or others does not waive The Plant Dad’s right to act concerning subsequent or similar breaches.

  • Contact Us

For any questions, complaints, and queries or to report any violations, kindly send an email to customersupport@theplantdad.com. You can also reach us by mail or phone:

The Plant Dad (Home&Larder LLC)

Address: 5557 Baltimore Avenue, Suite 500-1019
Hyattsville, MD 20781

Telephone: (410)449-0561

Website: www.theplantdad.com