Terms and Conditions

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.


Copyright
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Plants On Walls. The collective work includes works that are licensed to Plants On Walls. Copyright 2003, Plants On Walls ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Plants On Walls or purchasing Plants On Walls products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Plants On Walls or to purchase Plants On Walls products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Plants On Walls. You further agree not to change or delete any proprietary notices from materials downloaded from the site.


Trademarks
All trademarks, service marks and trade names of Plants On Walls used in the site are trademarks or registered trademarks of Plants On Walls


Warranty Disclaimer
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Plants On Walls disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Plants On Walls does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Plants On Walls does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.


Limitation of Liability
Plants On Walls shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Plants On Walls has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.


Typographical Errors
In the event that a Plants On Walls product is mistakenly listed at an incorrect price, Plants On Walls reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Plants On Walls reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Plants On Walls shall issue a credit to your credit card account in the amount of the incorrect price.


Term; Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Plants On Walls without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.


Notice
Plants On Walls may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Plants On Walls.


Miscellaneous
Your use of this site shall be governed in all respects by the laws of the state of California, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Plants On Walls products) shall be in the state or federal courts located in Los Angeles County, California. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Plants On Walls products) must be commenced within one (1) year after the claim or cause of action arises. Plants On Walls's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Plants On Walls may assign its rights and duties under this Agreement to any party at any time without notice to you.


Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Plants On Walls or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.


Participation Disclaimer
Plants On Walls does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Plants On Walls is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Plants On Walls reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Plants On Walls in its sole discretion.


Indemnification
You agree to indemnify, defend, and hold harmless Plants On Walls, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.


Third-Party Links
In an attempt to provide increased value to our visitors, Plants On Walls may link to sites operated by third parties. However, even if the third party is affiliated with Plants On Walls, Plants On Walls has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Plants On Walls. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Plants On Walls seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).

PRODUCT LIABILITY AND INSTALLATIONS

LIABILITY: PlantsOnWalls is not responsible or liable for care and maintenance of plants used in our Florafelt living wall panels, Floraframe living wall systems, Plant Habit or any other products related to PlantsOnWalls. PlantsOnWalls is not responsible or liable for water damage to interior or exterior of buildings, homes, or finishes due to misuse or accidental moisture dripping from plants, lack of maintenance of watering systems, or for any reason for moisture damage or loss due to damages of any kind. It is up to the purchaser to properly protect all surfaces from water exposure or overflow by providing water catchment drain trays and/or vapor barriers to areas of potential damage. We also recommend the hiring of qualified landscape maintenance professionals to assist with plant selection, planting, watering, feeding, pest control, lighting, and general maintenance to assure optimal health for the living wall. PlantsOnWalls is not responsible and to be held harmless to damage to buildings, water leakage, loss of plants, bodily harm, or any accidental damages of any kind.

ESTIMATES: PlantsOnWalls will make reasonable effort to accurately estimate the materials needed to complete the Contract. However, Customer acknowledges that there may be differences between the estimate and the final price. If the actual price is less than the estimated Contract Price, that amount will be discounted on the final payment due PlantsOnWalls. If the actual price is more than the estimated Contract Price, that additional amount will be added to the final payment due PlantsOnWalls. Customer will pay PlantsOnWalls that additional amount.

PAYMENTS: For professional installation services. Customer will pay Plants On Walls 50% of the Contract Price upon acceptance of the Proposal. All deposits are non-refundable. PlantsOnWalls will invoice Customer for the remaining 50% when work is substantially complete, as determined by PlantsOnWalls. The invoice shall be paid by Customer within 15 days of the invoice date. If the total balance is not received by PlantsOnWalls by the end of the 15-day period, interest will be paid on that balance by Customer at a rate of 1.5% per month. Failure by Customer to pay the remaining balance within 105 days will constitute breach of this agreement. Upon breach of this agreement, Customer agrees to pay all costs of collecting any remaining balances, including attorney's fees. No warranties will be issued until full payment is received.

INSTALLATIONS: PlantsOnWalls warrants that living wall systems used in this contract will be free from defects and the installation will be functional for a period of one (1) year from the date of completion of the Contract, provided the installation was used as was intended when the Contract was designed, and was not misused. Any repairs/replacements made to any installation after expiration of the warranty will be made at Customer's expense. Any repairs made to any installation by any party other than PlantsOnWalls voids any warranties offered by PlantsOnWalls.

PLANTS: PlantsOnWalls guarantees plants installed by PlantsOnWalls for a period of 30 days. PlantsOnWalls will not replace plants killed by animals, rodents, insects, mechanical damage, neglect, natural disasters or other reasons over which PlantsOnWalls has no control. This warranty does not cover annuals, small perennials, ground covers, wildflowers, seeds, bulbs, roses and non-winter hardy plants. An additional labor charge for plant removal and reinstallation will apply. Any repairs/replacements made to any installation after expiration of the warranty will be made at Customer's expense. Any repairs made to any installation by any party other than PlantsOnWalls voids any warranties offered by PlantsOnWalls. PlantsOnWalls is not responsible for poisonous or illegal plants and the injury, damage or liabilities they may incur.

IRRIGATION SYSTEMS: PlantsOnWalls claims no liability or responsibility for operation, maintenance, or failure of irrigation systems, including but not limited to irrigation systems we provide. Any malfunction of equipment must be handled directly with the manufacturer. Drip irrigation tubing must be inspected regularly to insure adequate and even water flow. Tubing and emitters or soaker-hose can become clogged at any time and will need to be fully replaced. Pressure Regulators can become defective over time and need to be checked for proper operation. Excessive pressure or regular maintenance of plants can cause irrigation tubing connections to come loose and spray water at any time. All connections should be periodically inspected to avoid unexpected water flow. Timers and valves may fail for any reason including loss of power, low timer batteries, disconnected water source, valve failure, wires disconnected by tampering or rodents. Living walls must be constantly monitored to ensure regular watering. Immediate action must be taken to prevent plant loss which may include daily hand watering until the automatic system is restored. Water filters must be replaced on a regular basis depending on the purity of local water sources. Failure to keep filter replaced may cause water flow to stop. Water filtering is required to remove excessive mineral buildup in the system and remove chlorine which helps maintain proper pH and microbal activity in roots. Food injectors must be checked and maintained to insure proper operation. Injectors may require yearly replacement of parts as specified by the manufacturer. Liquid food supplies must be topped off and made available to insure proper feeding of plants. Proper food type and concentration must be maintained for the type of plants selected. Consult with plant supplier to determine the type and concentration for hydroponic constant feeding required to provide optimal growth for the plants chosen. Irrigation system connections can leak at any time therefore proper drainage and drip pans beneath all water connections must be provided. PlantsOnWalls is not responsible for loss of plant material, operation of irrigation systems or for any damage or labor costs incurred, or duress caused by irrigation systems used in our living wall panels and systems.

ONGOING MAINTENANCE: Living wall system must be provided with a regular maintenance program from customer using a landscape maintenance professional following installation of living wall.

HUMIDITY: Living Walls create additional humidity in enclosed spaces. Additional ventilation may be required to prevent fogging and of nearby windows.

INFESTATION: Insects may infest living walls and/or may be brought in with new plant material. If infestation becomes a problem it may be required to hire a botanical consultant to provide proper correction of the problem. If the problem is unresolvable, all plants may require
removal for system bleaching. In which case all plants will be replace with new plants the living wall. PlantsOnWalls is not responsible for the quality or potential problems with plants. Plant providers and/or nursery may guarantee plants provided.

PERMITS: Customer is responsible for securing all necessary permits. Unless specified in writing, PlantsOnWalls is not responsible for code violation made at Customer request.

PROJECT START AND COMPLETION: An estimate of the number of days to complete the contracted work and an expected start date are provided as a courtesy. There may be delays in the beginning date and completion date due to poor weather or other circumstances beyond the control of PlantsOnWalls. Those delays will not alter or invalidate any part of this Contract, nor will they entitle Customer to additional rights under the Contract.

CHANGES: PlantsOnWalls will make reasonable efforts to complete the Contract as designed. Circumstances may arise beyond the control of PlantsOnWalls that may prevent construction of the Contract exactly as planned. PlantsOnWalls will make reasonable efforts to minimize this impact on the design and construction. Customer acknowledges this possibility and accepts the action PlantsOnWalls will take to minimize the potential change in design. If Customer wishes to change any part of the installation after this agreement is signed, but prior to commencement of installation, which results in additional material or labor costs for PlantsOnWalls or results in delays in the completion of the Contract, said costs will be added to the remaining balance of the Contract and billed as part of the original Contract. Any changes in the design or Contract, whether the changes result in additional time, cost, or neither, must be made in writing and signed by both parties, using a Change Order Form. Each change made by Customer during installation will result in a $100 charge, in addition to any additional charges for materials or labor that are incurred by PlantsOnWalls as a result of the change. The $100 charge will apply regardless of the impact of the change on labor or material costs.

TERMINATION: This agreement may be canceled by the Customer by emailed notice to info@plantsowalls.com midnight the third business day after Customer has signed this agreement. If after that time Customer wishes to terminate this Contract, Customer must give PlantsOnWalls three (3) days advance emailed notice. PlantsOnWalls will retain any monies paid by Customer up to the effective date of termination, and is entitled to any expenses for materials or other expenses for preparation incurred by PlantsOnWalls.