NORTH SHORE PLANT CLUB - OUR TERMS OF USE

Your use of the North Shore Plant Club (“Plant Club,” “Company,” “we,” or “us”) web sites and platforms on which these terms reside (collectively, the “Site”) is subject to these terms. By accessing this Site in any way, including, without limitation, browsing this Site, using any information contained therein, and/or submitting information to the Plant Club, you agree to and are bound by the terms, conditions, policies and notices contained on this page (the “Terms”), including, but not limited to, conducting this transaction electronically, disclaimers of warranties, damage and remedy exclusions and limitations, and Illinois law. The Plant Club may, in its sole discretion, and at any time, discontinue this Site or any part thereof, with or without notice, or may prevent your use of this Site with or without notice to you. You agree that you do not have any rights in this Site and that the Plant Club will have no liability to you if this Site is discontinued or your ability to access the Site or any content you may have posted on the Site is terminated.

We may update these Terms from time to time, and your use of this Site after we post any changes to these Terms constitutes your agreement to those changes. If you do not agree with these Terms, you should immediately discontinue all use of this Site. You agree to review these Terms periodically to ensure that you are familiar with the most recent version.

POSTING MEMBER CONTENT

On certain areas of our Site, club members and other business partners may be able to submit videos, tutorials, classes, workshops, text, documents, files, images, photos, sounds, musical works, works of authorship, text postings, and other materials and content, as well as personally identifiable information about themselves and their experiences (“Member Content”). Posting of Member Content is subject to these Terms, including the terms listed below, and any additional terms we may post from time to time on this Site. The Plant Club may delete any Member Content that in the sole judgment of the Plant Club violates these Terms.

You agree that you will not post any content that is unlawful, harmful, tortious, defamatory, libelous, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist, infringing, pornographic, violent or otherwise objectionable or inappropriate as determined by the Plant Club; that you will not post any content that contains personal information about any individual, violates the privacy/publicity of any other individual or entity, or anything that you are under a contractual obligation to keep private or confidential; you will not post any content that contains viruses, corrupted files, or any other similar software or programs that may adversely affect the operation of the Site, or feature of the Site. You further understand and agree that you have no ownership rights in any account you may have with us on the Site (your “Account”), or access to the Site or features therein. You further understand and agree that, with the exception of Member Content, you have no ownership rights in materials or information provided to, or stored by, the Plant Club in connection with your Account. The Plant Club may cancel your Account and delete all Member Content associated with your Account at any time, and without notice, if Company deems that you have violated these Terms, the law, or for any other reason. Company assumes no liability for any information removed from our Site, and reserves the right to permanently restrict access to the Site or a user Account.

REPRESENTATIONS

You represent and warrant that you own the Member Content displayed, published or posted by you on the Site and otherwise have the right to grant the license set forth herein, and the displaying, publishing or posting of your Member Content, and that our use thereof pursuant to these Terms, does not and will not violate the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other intellectual property rights or other rights of any person or entity. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Member Content displayed, published or posted by you to the Site. Except for your Member Content, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Member Content appearing on this Site. You further agree and represent that you will not collect or store personal data about other users; use the Site for any commercial purpose not expressly approved by the Plant Club in writing; or upload, post, email, or otherwise transmit any advertising or promotional materials or any other form of solicitation or unauthorized communication.

INDEMNIFICATION

You agree to indemnify and hold the Plant Club, its parents, subsidiaries, officers, employees, and website contractors and each of their officers, employees and agents harmless from any claims, damages and expenses, including reasonable attorney’s fees, related to your violation of these Terms, including the Privacy Policy, or any violations thereof by your dependents or which arises from Member Content you submit, post, or otherwise provide to the Plant Club or this Site.

OWNERSHIP OF MEMBER CONTENT

After posting Member Content to the Site, you continue to retain all ownership rights in such Member Content, and you continue to have the right to use your Member Content in any way you choose, subject to these Terms, and the license described herein. By displaying, publishing, or otherwise posting any Member Content on or through the Site, you hereby grant to the Plant Club a non-exclusive, sub-licensable, worldwide, fully-paid, royalty free, perpetual license to use, modify, publicly perform, publicly display, reproduce, and distribute such Member Content without the requirement to make payment to you or to any third party or the need to seek any third-party permission. This license includes the right to host, index, cache, distribute, and tag any Member Content, as well as the right to sublicense or otherwise distribute Member Content to third parties, including other users, for use on other platforms. You understand and acknowledge that this broad license gives the Plant Club the right to use and make available to third parties Member Content on this Site, or through other medium whether now or hereafter created, and whether operated by The Plant Club or its licensees or business partners.

You understand and agree that you have no ownership rights in your access to the Site or features therein including your Account. The Plant Club may cancel your access to this Site and delete all Member Content associated with your biography at any time, and without notice, if the Plant Club deems that you have violated these Terms or the law, or for any other reason. The Plant Club assumes no liability for any information removed from our Site, and reserves the right to permanently restrict access to the Site or a user Account. You may not share or transfer password or other access information with any other party, temporarily or permanently. You shall bear sole responsibility for all use of this Site and for the confidentiality of your password.

NO CONFIDENTIALITY

The purpose of this Site is to help members learn about and acquire plants and gardening techniques. In order for the Plant Club to do this, you understand that Member Content may be shared with third parties, and as such, by posting Member Content, you understand and acknowledge that any materials, ideas or other communications you transmit in any manner and for any reason will not be treated as confidential or proprietary. Furthermore, you acknowledge and agree that any tutorials, videos, educational materials, ideas, concepts, techniques, procedures, methods, systems, video, scripts, photographs, designs, plans, charts, or other materials you transmit to the Plant Club may be used by the Plant Club anywhere, anytime, and for any reason whatsoever.

NO MONITORING/VIOLATION NOTICES

The Plant Club does not necessarily monitor any materials posted, transmitted, or communicated to or within the Site. If you believe that something on the Site violates these Terms please contact us at info@northshoreplantclub.com.

USE OF MEMBER CONTENT

You understand and acknowledge that Member Content is solely the responsibility of the submitting instructor/advisors, and that the Plant Club is not responsible for the information, data, text or other materials that may appear in Member Content. Opinions expressed in Member Content do not necessarily reflect the opinions of the Plant Club, and the Plant Club does not endorse and has no control over Member Content. Member Content is not necessarily reviewed by the Plant Club prior to posting and the Plant Club makes no warranties, express or implied, as to the Member Content or to the accuracy and reliability of the Member Content. Use of Member Content is subject to these Terms, as well as any additional terms and conditions that may apply in agreements you with the Plant Club.

NORTH SHORE PLANT CLUB PLANT CLUB CONTENT

North Shore Plant Club attempts to be as accurate as possible, but the information we provide is for “entertainment purposes only.” The Plant Club does not warrant that product descriptions or other content of the Plant Club is accurate, complete, reliable, current, or error-free. You should consult with your landscaper designer or horticulturist about suitability or guidance for your exact situation. If something we post is incorrect, we aren’t liable for any disasters that this may cause.

Content on this Site, including tutorials, videos, educational materials, art work, graphics, photographs, images, screen shots, text, digitally downloadable files, trademarks, logos, product and character names, slogans, and the compilation of the foregoing (“Company Content”) is the property of the Plant Club or its licensors (including Member Content) and is protected in the U.S., China, Australia, Canada, England and elsewhere internationally under trademark, copyright, and other intellectual property laws. Third-party content, including graphics, video clips, images, trademarks, trade names, characters, and trademarks and copyrights is the property of the third parties that market or license that content, and is used by the Plant Club subject to license, or subject to the fair use provisions of U.S. copyright or trademark law or made permissible under other applicable law. You agree not to download, display or use any Company Content, Member Content, or third-party content located on the Site in any publications, in public performances, on websites other than this Site, for any commercial purpose (except as expressly authorized in writing by the Plant Club), in connection with products or services that are not those of the Plant Club, in any other manner that is likely to cause confusion among consumers, that disparages or discredits the Plant Club and/or its licensors, that dilutes the strength of the Plant Club’s or its licensor’s property, or that otherwise infringes the Plant Club’s or its licensor’s intellectual property rights. You further agree to in no other way misuse any Content that appears on this Site.

If you are a trademark or copyright owner and you believe that your trademark or copyright rights have been violated, please email us at info@northshoreplantclub.com.

PRIVACY / CHILDREN

On certain areas of our Site, you may be given the ability to provide us with personally identifiable information. This site is not appealing to, and children under the age of 13 are not permitted to submit Member Content or use other interactive features of our Site. Please read our Privacy Policy for more information about our information collection and use practices.

PLANT SALES ARE FINAL

Our great prices happen because we do not maintain an inventory. We only purchase the plants our club members request and purchase, so all sales are final and once we've placed your order, we're "locked in" just like you. Also, plants are sold in "as is" condition. We work to provide only healthy plants from the best growers in the Midwest, but North Shore Plant Club is not responsible for future outcomes. Plants are living creatures, so you should consult an expert for ongoing care and maintenance guidance to keep them healthy and happy.

DELIVERY

We are a local club intended for helping our friends and neighbors get plants. Delivery is only available to local club members. We will make our best effort to deliver your order at the specified time, but if for any reason (including, but not limited to acts of god and pandemics) the delivery is delayed, we will make our very best effort to get it there as soon as possible. It's not unusual for wholesale nurseries to sell through their available stock, or to stop sales when a particular kind of plant doesn't look salable. If the plants become unavailable or are not delivered to us as expected, the Plant Club may give an immediate refund for the unavailable items or deliver the items at a later time.

THIRD PARTY WEBSITES

This Site may hyperlink to sites not maintained or related to the Plant Club. Hyperlinks are provided as a service to users and are not sponsored by or affiliated with this web site or the Plant Club, and the Plant Club makes no representations or warranties about the content, completeness, or accuracy of those third-party sites. Information you submit at a third-party site accessible from this Site is subject to the terms of that site’s privacy policy, and the Plant Club has no control over how your information is collected, used, or otherwise handled.

REPRESENTATIONS, AND LIMITATIONS OF LIABILITY

The Plant Club makes no representations about the reliability of the features of this Site, the Company Content, Member Content, or any other Site feature, and disclaims all liability in the event of any service failure. You acknowledge that any reliance on such material and/or systems will be at your own risk. The Plant Club makes no representations regarding the amount of time that any Company Content or Member Content will be preserved.

The Plant Club does not endorse, verify, evaluate or guarantee any information provided by users, including rankings, reviews, or other Member Content and nothing shall be considered as an endorsement, verification or guarantee of any ranking, review or Member Content. You shall not create or distribute information, including but not limited to advertisements, press releases or other marketing materials, or include links to any sites which contain or suggest an endorsement by the Plant Club without the prior review and written approval of the Plant Club. Notwithstanding the foregoing, you may accurately disclose and describe your participation in this Site and your Member Content (for example, describing and promoting your Member Content on a personal blog or in emails).

THIS SITE IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO THIS SITE OR ANY INFORMATION OR SOFTWARE THEREIN. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL NORTH SHORE PLANT CLUB PLANT CLUB BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (COLLECTIVELY, “DAMAGES”) THAT RESULT FROM THE USE OF OR INABILITY TO USE THIS SITE, NOR SHALL NORTH SHORE PLANT CLUB PLANT CLUB BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND NORTH SHORE PLANT CLUB PLANT CLUB’S REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THIS SITE’S RECORDS, PROGRAMS, OR SERVICES. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO A NEGLIGENT ACT, WILL COMPANY OR ITS AFFILIATES OR AGENTS BE LIABLE FOR ANY DAMAGE OF ANY KIND THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, OR BECAUSE THE PLANTS DO NOT THRIVE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL NORTH SHORE PLANT CLUB PLANT CLUB’S TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED FIVE DOLLARS (US $5.00). SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

MISCELLANEOUS

Both you and the Plant Club acknowledge and agree that no partnership is formed and neither of you nor the Plant Club has the power or the authority to obligate or bind the other. This Agreement will be governed by and construed in accordance with the internal laws of the State of Illinois. By using this site, you hereby agree that any and all disputes regarding these Terms will be subject to the federal, state and local courts in Cook County, Illinois. YOU AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS SITE AND/OR THESE TERMS, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION. These Terms operate to the fullest extent permissible by law.

If any provision of these Terms is unlawful, void or unenforceable, that provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions. The failure of the Plant Club to comply with the Terms of Use because of an act of God, war, fire, riot, terrorism, earthquake, actions of federal, state or local governmental authorities or for any other reason beyond the reasonable control of the Plant Club, shall not be deemed a breach of these Terms. If the Plant Club fails to act with respect to your breach or anyone else’s breach on any occasion, the Plant Club is not waiving its right to act with respect to future or similar breaches. These Terms, together with those items made a part of these terms by reference, make up the entire agreement between us relating to the Site, and replaces any prior understandings or agreements (whether oral or written) regarding the Site. Notwithstanding the foregoing, your use of this Site, as it relates to any other relationships you have with the Plant Club, will be further governed by any agreements you enter into with the Plant Club relating to such relationships. If a court finds any of these terms to be unenforceable or invalid, that term will be enforced to the fullest extent permitted by applicable law and the other terms will remain valid and enforceable. The Site and any promotions contained thereon is void where prohibited.

These Terms constitute a binding agreement between you and the Plant Club, and is accepted by you upon your use of the Site or your Account. By using the Site you represent that you are capable of entering into a binding agreement, and that you agree to be bound by these Terms.