Terms and Conditions

Welcome and thank you for visiting. Our goal is provide a positive and encouraging website filled with helpful tips and ideas for growing succulents. To ensure that everyone can have that type of experience, we’ve established some rules.

The Succulents and Sunshine website (the “Website”) is owned and operated by Succulents and Sunshine, LLC (“S&S”). The following terms and conditions (together with any documents referred to in them) (collectively, the “Terms of Use”) apply to your use of the Website, including any content, functionality, and services offered on or through the Website, whether through mobile or desktop application versions of the Website. Please read these Terms of Use carefully before using the Website. Additionally, please review our PRIVACY POLICY to understand our practices. Your access, visitation and/or use of the Website will constitute your agreement to these Terms of Use and associated Privacy Policy. If you do not wish to be bound by these Terms of Use or the Privacy Policy, you may not access, visit, and/or use the Website.

The Terms of Use and Privacy Policy may be modified from time to time; the date of the most recent revisions will appear on the policy page, so check back often. Continued access of the Website by you will constitute your acceptance of any changes or revisions to the Term of Use or Privacy Policy. If you breach, violate, fail to follow, or act inconsistently with the rules, restrictions, limitations, terms and/or conditions that apply to the Website, whether listed in these Terms of Use or Privacy Policy, posted on this Website or otherwise communicated to users of the Website (collectively, the “Agreement”), we may terminate, discontinue, suspend, and/or restrict your account/profile, your ability to access, visit, and/or use the Website or any portion thereof, and/or the Agreement, including without limitation any of our purported obligations hereunder, with or without notice, in addition to our other remedies. In addition, we may curtail, restrict, or refuse to provide you with any future access, visitation, and/or use of the Website. We reserve the right, in addition to our other remedies, to take any technical, legal, and/or other action(s) that we deem necessary and/or appropriate, with or without notice, to prevent violations and enforce the Agreement and remediate any purported violations. You acknowledge and agree that we have the right hereunder to an injunction without posting a bond to stop or prevent a breach or violation of your obligations under the Agreement. In the event of any conflict or inconsistency between the terms and conditions of these Terms of Use and Privacy Policy, and any rules, restrictions, limitations, terms and/or conditions that may be posted at various points on the Website or otherwise communicated to users of the Website, we shall determine which rules, restrictions, limitations, terms and/or conditions shall control and prevail in our sole discretion, and you specifically waive any right to challenge or dispute such determination. Among other things, the Agreement governs all text, articles, photographs, images, graphics, illustrations, creative, copy, artwork, video, audio, music, podcasts, e-courses, newsletters, online stores, ringtones, games, trademarks, trade names, service marks, and other brand identifiers, designs, plans, software, source and object code, algorithms, data, statistics, analysis, formulas, indexes, registries, repositories, and all other content, information, and materials (collectively, “Content”) available on or through the Website, whether posted, uploaded, transmitted, sent or otherwise made available by us, our licensors, vendors, and/or service providers, or by you, and/or other users or third parties, including any such Content uploaded manually or bookmarked by you and/or other users.

The Website is intended only for users 18 years of age or older. We do not knowingly collect personal information from anyone under the age of 18. If you are under the age of 18, with the permission of your parent or legal guardian, you may view the Website as a visitor.

To access part of the Website, or some of the resources offered, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that, if requested, all the information you provide on the Website is correct, current and complete.

The Content on the Website is for information purposes only and can not replace the services of licensed or trained professionals in any specific field. You agree that your use of and browsing of the Website is at your risk. While the Content may be related to plant growth and maintenance issues, the Content is made available with the express understanding that all Content on the website is for information purposes only and is not to be considered the professional dispensation of advice. We are not liable for any direct, indirect, consequential, special, exemplary or other damages that may result, including but not limited to, economic loss, injury, illness or death.

S&S has taken reasonable efforts to ensure that the information contained on the Website is accurate. S&S HEREBY DISCLAIMS ALL WARRANTIES. S&S IS MAKING THE WEBSITE AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE WEBSITE OR THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, S&S EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. S&S DOES NOT WARRANT THAT THE WEBSITE OR THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE WEBSITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.

The Website may contain interactive features that allow you to post, submit, publish, display or transmit to other users (hereinafter “post”) content or materials (collectively, “User Contributions”) on or through the Website. Any User Contribution you post to the Website will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. You represent and warrant that you own or control all rights in and to the User Contributions and have the right to grant the Website the license granted in this paragraph. You represent and warrant that all of your User Contributions do and will comply with these Terms of Use, and you agree to defend, indemnify and hold harmless S&S, it’s affiliates, officers, directors, employees, vendors, suppliers, and associated third parties from any breach of this representation and warranty. You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not S&S, have full responsibility for the legality, reliability, accuracy, and appropriateness of such content. Any content and/or opinions submitted to the Website, and all articles and responses to questions and other content, other than the content provided by the Website are solely the opinions and the responsibility of the person or entity submitting them and do not necessarily reflect the opinion of S&S. S&S is not responsible or liable to any third party for the content or accuracy of any materials posted by you or any other user of the Website. We have the right to:

• Remove or refuse to post any User Contributions for any or no reason in our sole discretion;
• Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion if we believe that such User Contribution violates the Terms of Use, infringes any intellectual property right or other right of S&S or a third party, threatens the personal safety of users of the Website or the public or could create liability for S&S;
• Disclose your identity to law enforcement, government regulators, court of competent jurisdiction, and any other third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy;
• Take appropriate action, including, without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website;
• Terminate your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use.
• Without limiting the foregoing, S&S has the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS S&S FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY S&S DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER S&S OR LAW ENFORCEMENT AUTHORITIES. However, we do not undertake to review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or non-performance of the activities described in this paragraph.

The Website assumes no responsibility and shall not be liable for any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing of the Website or your downloading of any materials, data, text, images, video, or audio from the Website.

All right, title and interest in the Website and any S&S-created content contained herein is the exclusive property of S&S, unless otherwise stated. The trademarks, logos, and service marks displayed on the Website (collectively the “Trademarks”) are the trademarks of S&S or their respective third-party owners. Under no circumstances may you alter, modify, or change these trademarks. You are prohibited from using the trademarks for any purpose without the written permission of S&S or the appropriate trademark owner. Nothing contained on the Website should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by S&S or by any third party.

The Website may contain links to other websites operated by third parties. Such links are provided for your convenience only. S&S has no control over, and no liability for, any third party websites or materials. S&S works with a number of partners and affiliates whose internet sites may be linked with the Website. Because neither S&S nor the Website has control over the content and performance of these partner and affiliate sites, S&S makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and S&S assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. Similarly, from time to time in connection with your use of the Website, you may have access to content items (including, but not limited to, websites) that are owned by third parties. You acknowledge and agree that S&S makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third party content, and that, unless expressly provided otherwise, these Terms of Use shall govern your use of any and all third party content.

If offered, by entering sweepstakes and/or contests on the S&S Website you are responsible for knowing and complying with all local, state, and federal laws. See the Official Rules of the Website and the specific promotion for full details.

S&S may offer online e-courses or other educational services. These services are provided as a courtesy and may require payment to access the content. To access e-course offerings you will need to agree to the terms and conditions of such services.

S&S’S LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL S&S BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY S&S. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.

S&S imposes certain restrictions on your permissible use of the Website. You are prohibited from violating or attempting to violate any security features of the Website or the services provided on the Website, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Website, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Website or any aspect of the services provided on the Website, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using the Website, or any service provided on the Website, to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Website or the services provided thereon; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by S&S in providing the Website or the services provided. Any violation of system or network security may subject you to civil and/or criminal liability.

You agree to indemnify S&S for certain of your acts and omissions. You agree to indemnify, defend, and hold harmless S&S, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Website, your violation of these Terms of Use, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. S&S will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.

If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms of Use to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.

UNITED STATES USE ONLY. The Website is controlled and operated by S&S from the State of Arizona. S&S makes no representation that any of the materials or the services to which you have been given access are available or appropriate for use in other locations. Your use of or access to the Website should not be construed as S&S’s purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than Arizona and the United States.

These Terms of Use will be governed by, and construed in accordance with the laws of the State of Arizona. All disputes related to these Terms of Use shall be submitted for resolution to the American Arbitration Association’s (“AAA”) Arizona office. You hereby waive any rights to bring any civil action in any court regarding such disputes. The award rendered by the arbitrator shall be final, and judgment may be entered into in accordance with the applicable law in the State of Arizona. If either you or we desire arbitration, that party agrees to serve written notice of the arbitration with the other party and the AAA’s Arizona office.

TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAWS, YOU HEREBY WAIVE THE RIGHT TO JURY TRIAL WITH RESPECT TO ALL CLAIMS RELATING TO THESE TERMS OF USE, AND THE BREACH THEREOF WHETHER IN CONTRACT OR TORT AND INCLUDING ANY CLAIM FOR FRAUDULENT INDUCEMENT.

You hereby irrevocably waive any right to seek and/or obtain injunctive or other equitable relief or any order against us, and/or to enjoin or restrain or otherwise impair in the production, distribution, exhibition or other exploitation of any of our content, products, services, productions, or projects.

S&S reserves the right to update, change, or modify these Terms at any time. If there is a material change to these Terms of Use, the Website will indicate that these Terms have been updated and provide a link on the homepage. For all other changes, please check back to this page periodically. The current version will include the date of the last update.

If you have any questions regarding these Terms of Use, you may contact us at support@succulentsandsunshine.com.

These Terms of Use were last updated on May 25, 2021.