ArborNature Terms of Service

Effective Date: January 7, 2024

Thank you for visiting ArborNature.com.

Definitions

"Dispute" refers to any claim, conflict, controversy, or disagreement arising from or related to these Terms.

"Material Breach" signifies a breach prompting the non-breaching Party to terminate these Terms immediately.

"Terms" and/or "Agreement" denote these Terms of Service.

References to "us," "we," "our," and/or "ArborNature" refer to ArborNature, LLC.

"Website" includes arbornature.com and other websites owned or operated by us.

"Services" encompass software, applications, APIs, software-as-a-service offerings, data, messages, text, images, audio, and video.

References to "you" and/or "User" pertain to the user of the Website or Services.

Agreement to be Bound

These Terms of Service, along with information on the Website, constitute an agreement that binds users. By using the Website, you confirm that you are at least eighteen (18) years old, have read and understood these Terms, and agree to be bound by them. These Terms are subject to the Privacy Policy, governing your use of the Website.

These Terms of Service are subject to the Privacy Policy, which also governs your use of the Website.

Accuracy, Completeness, and Timeliness of Information

We do not guarantee the accuracy, completeness, or timeliness of information on the Website or Services. You acknowledge that the content is for general information only and should not be the sole basis for decision-making. We do not guarantee correction of errors, and information about products is provided by sellers or Affiliates, with no verification by ArborNature.

Modifications and Changes

We reserve the right to modify, add, suspend, or delete these Terms or other agreements at any time, effective upon posting. Your use after such changes constitutes acceptance.

Access to Website and Services

While we aim for 24/7 availability, we do not warrant constant access. Specific devices may not be guaranteed to access the Website or Services.

Right of Refusal, Limitation, Discontinuation, and Termination

We can refuse access to the Website or Services at our discretion.

Prohibited Uses of Website and Services

You agree not to use the Website or Services for unlawful purposes, to violate regulations, infringe on intellectual property rights, or engage in prohibited activities.

About the Services We Provide; Not a Vendor, Lending Institution

ArborNature facilitates connections between buyers and sellers, acting as an online listing, research, information, and advertising service. We are not a party to transactions, do not process payments, and do not warrant or guarantee transactions, products, or services. Prices are subject to negotiation between sellers and buyers.

Intellectual Property Rights Not Waived

Access to the Website and Services does not grant a license to software or intellectual property. ArborNature retains ownership rights in the Website, Services, and associated materials.

Submitted Content

By submitting content, you grant ArborNature perpetual, irrevocable rights to use, display, and modify the content. You warrant ownership and indemnify ArborNature against damages arising from submitted content.

Feedback

Providing feedback grants ArborNature ownership and the right to use, modify, and adapt the feedback for any purpose.

Software and Site Content

Software and content on the Website are owned by ArborNature and protected by copyright laws. Unauthorized use is prohibited.

Use of Third-Party Tools

Third-party tools provided are "as is" with no warranties. Your use is at your own risk.

Third-Party Links

We are not responsible for Third-Party materials or websites linked on the Website or Services.

Third-Party Advertisements and Promotions

Advertisements and promotions from Third-Parties on the Website or Services are between you and the Third Party. ArborNature is not liable for any related issues.

Clients and Access

Clients may create accounts for business administrative features. ArborNature controls access and may terminate accounts at its discretion. Clients are responsible for fees and agree to provide accurate billing information.

Clients and Confidentiality

Clients may disclose Confidential Information for business purposes. ArborNature may use Client information for marketing. A breach of confidentiality may lead to legal remedies.

These are highlights, and the full Privacy Policy should be carefully reviewed.

DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY

(A) YOU AGREE THAT USE OF THE WEBSITE AND SERVICES IS AT YOUR SOLE RISK. NEITHER US NOR OUR AFFILIATES NOR ANY RESPECTIVE DIRECTORS, OFFICERS, MEMBERS, EMPLOYEES, CONTRACTORS, PARENTS, SUBSIDIARIES, AGENTS, THIRD-PARTY CONTENT PROVIDERS, AND LICENSORS WARRANT THAT THE USE OF THE WEBSITE OR SERVICES SHALL BE UNINTERRUPTED OR ERROR-FREE; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEBSITE OR SERVICES OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION PROVIDED.

(B) ANY INFORMATION PROVIDED VIA THE WEBSITE OR SERVICES, DOWNLOADABLE SOFTWARE, PRODUCTS OR OTHER MATERIALS, WITHOUT LIMITATION, IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AGAINST INFRINGEMENT, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THESE TERMS OF SERVICE AND, IF APPLICABLE, ANY SIGNED CONTRACT.

(C) ALTHOUGH ALL INFORMATION AND MATERIALS CARRIED ON THE WEBSITE AND SERVICES IS BELIEVED TO BE RELIABLE, WE MAKE NO REPRESENTATIONS, NEITHER EXPRESSLY NOR IMPLIEDLY, AS TO THE ACCURACY, COMPLETENESS, TIMELINESS OR RELIABILITY OF THE WEBSITE OR SERVICES.

(D) IN NO EVENT SHALL WE OR OUR AFFILIATES NOR ANY RESPECTIVE DIRECTORS, OFFICERS, MEMBERS, EMPLOYEES, CONTRACTORS, PARENTS, SUBSIDIARIES, AGENTS, THIRD-PARTY CONTENT PROVIDERS, AND LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO PROFESSIONAL LIABILITY DAMAGES, MALPRACTICE LOSSES, AND DAMAGES, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF REVENUE, LOSS OF INFORMATION, LOSS OF REVENUE, LOSS OF PHOTOGRAPHS, PERSONAL INJURY OR DEATH, PROPERTY DAMAGE, REPUTATIONAL HARM, OR LOSS OF INFORMATION OR DATA, ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE THE WEBSITE OR SERVICES EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

(E) WE DISCLAIM ANY AND ALL LIABILITY OF ANY KIND FOR ANY UNAUTHORIZED ACCESS TO OR USE OF YOUR PERSONALLY-IDENTIFIABLE INFORMATION. BY UTILIZING THE WEBSITE OR SERVICES YOU ACKNOWLEDGE AND AGREE TO OUR DISCLAIMER OF ANY SUCH LIABILITY. IF YOU DO NOT AGREE, YOU SHOULD NOT ACCESS OR OTHERWISE UTILIZE THE WEBSITE OR SERVICES.

(F) OUR LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF OUR AFFILIATES AND ANY RESPECTIVE DIRECTORS, OFFICERS, MEMBERS, EMPLOYEES, CONTRACTORS, PARENTS, SUBSIDIARIES, AGENTS, THIRD-PARTY CONTENT PROVIDERS, AND LICENSORS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE SIX (6) MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (B) ONE HUNDRED U.S. DOLLARS AND NO/CENTS ($100.00) WHICHEVER IS GREATER.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS.

The above limitations shall survive these Terms and the Signed Contract (if applicable) and inure to the benefit of us and our affiliates, directors, officers, members, employees, contractors, parents, subsidiaries, agents, third-party content providers, licensors, and any purchasing person or entity in the event that we are sold, in whole or in part, and/or restructured.

INDEMNIFICATION

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD US HARMLESS, AS WELL AS OUR AFFILIATES NOR ANY RESPECTIVE DIRECTORS, OFFICERS, MEMBERS, EMPLOYEES, CONTRACTORS, PARENTS, SUBSIDIARIES, AGENTS, THIRD-PARTY CONTENT PROVIDERS AND LICENSORS FROM AND AGAINST ALL CLAIMS, SUITS, AND EXPENSES, INCLUDING ATTORNEYS' FEES, ARISING OUT OF OR RELATED TO (A) YOUR USE OF THE WEBSITE OR SERVICES AND/OR; (B) YOUR NONCOMPLIANCE WITH OR BREACH OF THIS AGREEMENT OR ANY SIGNED CONTRACT; (C) YOUR USE OF THIRD-PARTY SERVICES, PRODUCTS, LINKS, ADVERTISEMENTS, AND/OR TOOLS; (D) YOUR VIOLATIONS OF ANY THIRD-PARTY RIGHTS, INCLUDING THIRD-PARTY INTELLECTUAL PROPERTY RIGHTS; OR (E) THE UNAUTHORIZED USE OF THE WEBSITE OR SERVICES BY ANY OTHER PERSON USING YOUR INFORMATION.

Governing Law

The Agreement and any Signed Contract (if applicable) has been made in and will be construed in accordance with the laws of the State of South Carolina, without regard to its conflicts of law provisions. You hereby consent to personal jurisdiction in the federal and state courts of Beaufort County, South Carolina, and waive any objection based on forum non-conveniens. Although ArborNature may bring suit in any court that has jurisdiction within the applicable statute of limitations, you hereby agree that any cause of action you may have with respect to the Website or Services must be exclusively filed in the federal or state courts located in Beaufort County, South Carolina within one (1) year after the cause of action arises or the cause is barred. You and ArborNature expressly and knowingly WAIVE THE RIGHT TO TRIAL BY JURY. This means that any and all claims against each other will be resolved by a judge rather than a jury. As a condition of using the Website or Services, you agree that all causes of action connected with or arising out of the Website or Services shall be individually resolved, without resorting to any form of class action.

Affiliate Disclosure

We maintain affiliate relationships with third parties and affiliates whose products are linked and promoted through the Website or Services. Due to these relationships, we may earn commissions on products purchased by users from third-party affiliates

Different and Conflicting Terms

We reserve the right, without obligation, to agree to different or conflicting Terms of Service with any user. However, such terms will not be enforceable unless specifically agreed upon by us.

Authority

Each party assures the other that: (i) it possesses the full corporate right and authority to fulfill its obligations under this Agreement and any Signed Contract (if applicable); (ii) its performance under this Agreement and any Signed Contract (if applicable) will not breach any agreement it is bound by; and (iii) this Agreement and any Signed Contract (if applicable) represent its legal, valid, and binding obligations, enforceable according to its terms.

Waiver

Any waiver of a right under these Terms of Service or any Signed Contract, if applicable, is effective only if agreed or declared in writing. A delay or non-exercise of a right does not constitute a waiver, and a Party may still exercise that right in the future. The provided rights and remedies are cumulative and not exclusive of any rights and remedies provided by law.

Force Majeure

We are not obligated to fulfill any obligation if prevented by Acts of God or force majeure, including government measures, natural disasters, war, civil unrest, terrorist activities, government sanctions, strikes, and public utilities breakdowns. We will make reasonable efforts to notify you of the circumstances causing the delay and to resume performance promptly.

Assignment

We have the right to assign and/or transfer these Terms of Service and any Signed Contract, along with our rights and obligations, to any third party after notifying you. You agree not to assign or transfer your rights or sub-contract or delegate your obligations under these Terms of Service or any Signed Contract without our prior written consent.

Rights of Third Parties

These Terms and any Signed Contract do not grant rights to any third party unless explicitly stated.

Relationship of the Parties

The parties are independent contractors, and nothing in these Terms or any Signed Contract creates a partnership, joint venture, or agency relationship between them. Neither party has the authority to enter into agreements in the name of the other.

Severability

If any part of this Agreement or any Signed Contract is deemed invalid or unenforceable, the invalid or unenforceable provision will be replaced by a valid, enforceable provision that closely matches the original intent. The remainder of the agreements will remain in effect.

Additional Services

We reserve the right to offer programs, products, or services with unique Terms of Service that may supersede or supplement these Terms. In such cases, your use of the Website or Services is governed by these Terms together with the Terms of Service of the specific program, product, or service.

Notices

Notices will be given by postal mail to ArborNature LLC, Attn: Privacy Officer, PO Box 22268, Hilton Head Island, SC 29925, or, for users, to the email address provided during registration. Notice is deemed given 24 hours after email transmission, unless the sender is notified of an invalid email address. Alternatively, notice may be given by certified mail, postage prepaid, and return receipt requested, with notice deemed given three days after mailing.

Updates

We may update these Terms of Service by posting a notice on the Website and contacting you at the provided email address. We encourage you to review them regularly.