Site Terms of Use 

September 9, 2020

 

Any use of this website is subject to the user agreeing to the following terms and conditions of use set forth by VoMoV Plants. Please read this document in its entirety before purchase. If you disagree with any portion of this document, you should exit the website immediately.

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You agree to pay all credit card charges, including any tax and shipping charges incurred by your use of this service.

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You understand further that under no circumstances shall VoMoV Plants be liable for any damage to your computer or your software that might have resulted from direct, indirect, or incidental use of VoMoV Plants website and app or access to the internet.

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VoMoV Plants and vomovplants.com website reserve the right to change the content of any page and element of the vomovplants.com website without notice.

 

Site Terms of Use

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These Site Terms of Use apply to your use of the websites accessed at vomovplants.com (or any successor or similar digital property such as an official app operated by us; or any other services that reference these Site Terms of Use) (the "Site").

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PLEASE REVIEW THESE SITE TERMS OF USE CAREFULLY PRIOR TO USING THE SITE OR ANY OTHER SERVICE. YOUR USE OF ANY SERVICE INDICATES YOUR ACCEPTANCE OF THESE SITE TERMS OF USE. EACH TIME THAT YOU USE A SERVICE, THE CURRENT VERSION OF THESE SITE TERMS OF USE WILL APPLY. WHEN YOU USE A SERVICE, YOU SHOULD CHECK THE DATE OF THESE SITE TERMS OF USE (WHICH APPEARS ABOVE) AND REVIEW ANY CHANGES THAT HAVE BEEN MADE SINCE YOUR LAST VISIT TO THE SITE. IF YOU DO NOT ACCEPT THESE SITE TERMS OF USE, YOU MAY NOT ACCESS OR USE THE SITE OR ANY OTHER SERVICE.

 

Site User Eligibility

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The Site is available worldwide and may be operated from various locations both within and outside the United States of America ("USA"). Access to and use of the Site and products and services available for purchase through the Site, however, may be inappropriate, prohibited, or restricted in countries outside the United States. VoMoV Plants make no warranty or representations that the Site or the Features are appropriate or available for access/use outside of the USA. If you access/use the Site from outside the USA, you do so at your own risk and are responsible for complying with the laws and regulations of the territory from which you access/use the Site.

Users of all ages are welcome to browse the Site. However, if you are under the age of 13, you should not provide any information about yourself on or through the Site, including, but not limited to, your name, address, email address, phone number, and other personal information.

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Establishing an Account

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Users of all ages are welcome to browse the Site; however, you may only establish an account if you are 18 years of age or over (or whatever the age of majority is in your state of residence). To purchase products/services from the Site and to access/use some Features on the Site, you may be required to establish and use an account.

When you register for an account, you must (i) provide accurate and truthful information and (ii) update such information from time to time as necessary to keep your registration information current and accurate. By establishing an account, you represent and warrant you have the right and are authorized to provide the information you provide when you register for your account. You are responsible for maintaining the confidentiality of your account information and password and for restricting access to such information and your computer. All activities that occur under your account and/or password shall be your responsibility.

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Information You Provide/Submissions

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Your personal information will be handled in accordance with and subject to the terms of our Privacy Policy. Any other material, information, suggestions, ideas, concepts, know-how, techniques, questions, comments, and any other communication or content you transmit or post to the Site or any other Service in any form and any manner ("User Communications") (i) is and will be considered non-confidential, non-personal and non-proprietary to you, or anyone else and (ii) may be disseminated or used by VoMoV Plants for any purpose without (a) compensation to you or anyone else or (b) acknowledgment of you or anyone else as the source of such User Communications. Therefore, do not transmit or post to the Site or other Service any ideas, materials, suggestions, content, or additional information you would like to keep confidential or for which you would like or expect acknowledgment or compensation.

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You hereby grant VoMoV Plants a worldwide, irrevocable, non-exclusive, royalty-free, perpetual license to reproduce, disclose, transmit, modify, create derivative works of, adapt, publish, publicly perform and display, distribute, syndicate, sublicense, and otherwise use User Communications in any manner whatsoever for any or all commercial or non-commercial purposes, with or without attribution to you or any other party ("User Communications License"). VoMoV Plants may, but are not obligated to use, review, monitor, or respond to any User Communications. VoMoV Plants shall not have any liability related to the content of any such User Communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise.

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VoMoV Plants retains the right to remove any or all User Communications that includes any material that VoMoV Plants deems inappropriate or unacceptable.

By making a User Communication, you represent and warrant that (i) you own all right, title, and interest in and to the User Communication, or you have the necessary approvals and permissions to grant the User Communications License described above, (ii) the User Communication, and the exercise by VoMoV Plants (or other authorized parties) of the rights granted under the User Communications License in relation to such User Communication, does not violate applicable law or the intellectual property rights or other rights of others, including, but not limited to, patent, trade secret, copyright (including without limitation moral rights), trademark, publicity, privacy and contract rights of others and (iii) the User Communication does not contain software viruses, spiders, spybots, commercial solicitation, chain letters, mass mailings, any form of spam, or any other content that is prohibited under these Site Terms of Use.

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We do not guarantee that User Communications will not be lost or damaged or that you will be able to retrieve User Communications.

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Prohibited Submissions

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You are prohibited from posting or transmitting any unlawful, threatening, defamatory, libelous, obscene, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. In addition to any remedies that VoMoV Plants may have at law or in equity, if VoMoV Plants reasonably determines that you have violated or are likely to violate the foregoing prohibitions, VoMoV Plants may take any action they reasonably deem necessary to cure or prevent the violation, including without limitation, the immediate removal from this Site of the related materials. VoMoV Plants will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing VoMoV Plants to disclose the identity of anyone posting such materials.

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Ownership and Permitted Use of Content

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The Site design and all text, graphics, information, trademarks, service marks, trade names, photographs, advertisements, content, and other material displayed on or that can be downloaded from the Site or any other Service (the "Content") are either the property of, or used with permission by, VoMoV Plants. The ownership of all content is retained by its owner. You may not (i) modify the information or materials located on the Site or accessible via a Service in any way or reproduce or publicly display, perform, or distribute or otherwise use any such materials for any public or commercial purpose, including marketing or (ii) remove, obscure or otherwise deface proprietary notices appearing on any Content, including copyright, trademark, and other intellectual property notices.

The content is protected by copyright, trademark, and other laws and international treaty provisions. It may not be used except as permitted in these Site Terms of Use or with the prior written permission of the owner of such content. Any unauthorized use by you of such content may subject you to civil and criminal penalties.

 

Prohibited Actions

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While visiting the Site and participating in, accessing, and using the Features (cumulatively "Using the Site"), you must conduct yourself in a polite, courteous and respectful manner, comply with all applicable laws, rules and regulations and supply truthful and non-misleading information. For example, you may not, while Using the Site: request, or otherwise attempt to harvest, obtain or store, personal information, passwords, account information or any other type of information relating to other users; access or use another person's account; disguise the origin of User Communication; alter, modify, frame, or "mirror" any Content; create a deep-link to our Site by by-passing our Site's home page; use any data mining, robots, or similar data-gathering and extraction tools in connection with the Site; inhibit, disrupt, or otherwise prevent anyone from using or accessing the Site or interrupt any user's experience on the Site, including, but not limited to, acting in any manner that disrupts users' real-time exchanges; interfere with or disrupt the Site, or servers or network connections to the Site, disobey any requirements, procedures, policies or regulations of networks connected to the Site; modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Site; or attempt to gain unauthorized access to the Site (or any portion thereof).

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Availability of Products, Services, Features, and Content

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All Features, Content, and products and services available on or through the Site or any other Service, including, but not limited to, prices of such products and services are subject to change at any time without notice. In addition, any Feature, Content, product, or service may be discontinued at any time in our sole discretion. The inclusion of any Features, Content, products, or services in the Site or other Service at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, provincial, federal, and international laws (including minimum age requirements) in regard to the possession, use, and sale of any service or product purchased from this Site. By placing an order, you represent that the products ordered will be used only in a lawful manner.

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Accuracy of Information

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VoMoV Plants take reasonable efforts to ensure that information on the Site or provided via any other Service is complete, accurate, and current. Despite such efforts, however, the information on the Site or made available via a Service may be inaccurate, incomplete, or out of date. Weights, measures, product descriptions, recommendations, commentary regarding products, and similar descriptions are provided for convenience purposes only and may be approximations. VoMoV Plants make efforts to accurately display the attributes of our products and services available for purchase, including the applicable colors; however, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. VoMoV Plants make no representation as to the completeness, accuracy, or timeliness of any information. For example, products included on the Site may be unavailable, may have different attributes than those listed, or, to the extent permitted by law, may carry a different price than that stated on the Site. In addition, we may make changes in information about price and availability without notice. While it is the practice of VoMoV Plants to confirm orders by email, the receipt of an email order confirmation does not constitute acceptance of an order or confirmation of an offer to sell a product or service. VoMoV Plants reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. VoMoV Plants also may require verification of information prior to the acceptance and/or shipment of any order.

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Shipment of Order

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Orders will be shipped to the address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions contained on the Site (or any other Service), and orders may be shipped through a third-party shipper or fulfillment process. All purchases from this Site or other Service are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from the Site or a Service pass to the buyer upon delivery of the items to the carrier. The buyer is responsible for filing any claims with carriers for damaged and/or lost shipments.

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Applicability of Additional Terms and Conditions

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Additional or different terms and conditions ("Other Terms") may apply in connection with certain Features (e.g., testimonials, sweepstakes or contest entries) or another Service offered by us. If applicable, these Other Terms will be set forth (i) where you are permitted to submit Content, access or use Features or any other Service, or purchase products and services, or (ii) in a link adjacent to where you are permitted to submit Content, access Features, or purchase products and services. These Other Terms are incorporated into and made a part of these Terms and Conditions by reference. In the event Other Terms conflict with these Terms and Conditions, the Other Terms shall control with respect to the subject matter to which such Other Terms apply.

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Third-Party Links

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From time to time, the Site or other Service may contain links to websites that are not governed by these Terms and Conditions (the "Linked Sites"). All such links are provided solely as a convenience to you. If you use these links, you will leave this Site. VoMoV Plants are not responsible for any content, materials, or other information located on or accessible from any other website. VoMoV Plants do not endorse, guarantee, or make any representations or warranties regarding any other website, or any content, materials, or additional information located on or accessible from such websites, or the results that you may obtain from using such websites. If you decide to access any other website linked to or from this Site, you do so entirely at your own risk. You should review the policies and terms and conditions associated with Linked Sites closely before using, submitting information to such Linked Sites, and allowing children to visit Linked Sites.

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Disclaimer of Warranty

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THE SITE AND ANY OTHER SERVICE PROVIDED BY US ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, VOMOV PLANTS DISCLAIM ALL WARRANTIES, CONDITIONS, AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OR CONDITIONS: (i) OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT; OR (ii) THAT ACCESS TO OR USE OF THE SITE OR ANY OTHER SERVICE OR ANY PART THEREOF WILL BE UNINTERRUPTED, FREE OF VIRUSES OR OTHER HARMFUL CODE, OR SECURE, OR THAT PROBLEMS WILL BE CORRECTED, EVEN IF VOMOV PLANTS IS ON NOTICE OF SUCH PROBLEMS. YOU AGREE THAT YOUR USE OF THIRD-PARTY WEBSITES AND RESOURCES, ACCESSED THROUGH USE OF THE SERVICE IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS APPLICABLE TO THOSE THIRD-PARTY SITES AND RESOURCES.

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Limitations of Liability

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TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL VOMOV PLANTS BE LIABLE TO ANY PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE OR INABILITY TO USE ANY SERVICE, OR THE RESULTS THEREFROM, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

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THE FOREGOING DISCLAIMER OF EXPRESS, IMPLIED OR STATUTORY WARRANTIES AND LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW (INCLUDING, E.G., AS PROHIBITED BY THE LAWS OF THE STATE OF NEW JERSEY). PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

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Termination

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VoMoV Plants reserves the right to suspend or terminate your account (and, subject to applicable laws, delete the profile corresponding to such account and any accompanying content) or your use of the Site or Features or any other Service at any time, for any reason or no reason. We reserve the right to change, suspend, or discontinue all or any aspect of this Site and Features, products, and services available on or through the Site, or any other Service at any time without notice. You are personally liable for any orders that you place or charges that you incur or are made under your account prior to termination. We shall not be liable to you or any third party for any of the foregoing.

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Governing Law and Dispute Resolution / Arbitration Governing Law

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To the fullest extent permitted by law, any claim, controversy or dispute arising out of or relating to the Site or any other Service, these terms or any other policies or other terms incorporated herein (including the breach, termination, enforcement, interpretation, enforceability, validity, or rights under any of the foregoing) (each, a "Dispute") will be governed by and construed in accordance with the laws of the State of New York, USA, without regard to its choice of law principles.

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Binding Arbitration

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To the fullest extent permitted by law, you and VoMoV Plants each agree to submit exclusively to confidential, binding arbitration in the event of a Dispute. The arbitration will be held in New York, New York, on an individual basis and not as a class action. If arbitration is not permitted by applicable law: (i) the parties expressly agree that any Dispute will be brought and heard solely and exclusively in the federal or state courts of competent jurisdiction located in New York County, New York and (ii) the parties waive any plea or defense that such courts of are not the appropriate venue or that they are not subject to the personal jurisdiction of such courts.

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Notwithstanding anything to the contrary in this Section, to the extent either party in any manner has violated or threatened to violate the other party's intellectual property rights, the non-breaching party may seek injunctive or other appropriate relief in any state or provincial or federal court of competent jurisdiction.

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Arbitration Final

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The arbitrator's award is final and binding on all parties. The Federal Arbitration Act, and not any state or provincial law concerning arbitration, governs all arbitration under this clause. Any court having jurisdiction may enter judgment on the arbitrator's award. If any part of this clause, other than waivers of class action rights, is deemed or found to be unenforceable for any reason, the remainder shall remain enforceable. Notwithstanding anything to the contrary contained herein, if the waiver of class action rights contained herein is not enforceable as to any person or persons, such non-enforceability shall apply to such person or persons only, and all other persons shall continue to be governed by the Arbitration Clause.

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Giving Up Right of Class Action

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As stated above, to the fullest extent permitted by law, these terms provide that all Disputes will be resolved by binding arbitration and not in court or by jury trial. IF A DISPUTE IS ARBITRATED, YOU GIVE UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST VOMOV PLANTS INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. WITHOUT LIMITATION, THIS INCLUDES GIVING UP YOUR RIGHTS TO BRING OR PARTICIPATE IN A CLASS ACTION AS SET FORTH IN ANY STATE.

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Additional Limit on Claims

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Except as otherwise prohibited by law, any Dispute must be brought within one year from the date the cause of action arises.

To the extent that any portions of Section 17 are prohibited by law. Please refer to your local laws for any such prohibitions, then such portions shall be modified to the extent possible and necessary to preserve the original intentions of this Section, and the validity or enforceability of the remaining portions of this Section 17 shall not in any way be affected or impaired thereby.

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Miscellaneous 

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You may not use the Site or any Service to import, export, re-import, or re-export materials or other content in violation of any applicable laws or regulations, including without limitation, United States import and export laws and regulations.

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If any provision of these terms is held to be unlawful, void, or for any reason unenforceable, that provision will be deemed severable and will not affect the validity and enforceability of the remaining provisions.

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These Site Terms of Use and any other policies or other terms incorporated herein constitute the entire agreement between you and VoMoV Plants relating to your use of the Site or any other Service and the use, handling, and rights to User Information or personal information submitted or provided by you, superseding any additional agreement between you and VoMoV Plants with respect to the subject matter hereof. Section headings in these terms are for convenience only and have no legal or contractual effect. If any provision of these terms or any other policies or other terms incorporated herein shall be found to be unenforceable, the other provisions shall remain in full force and effect.

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A printed version of these terms or any other policies or other terms incorporated herein shall be admissible in judicial and administrative proceedings based thereon to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

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Contact Us

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For issues or questions related to the Site or any other Service or these Site Terms of Use, please contact us.