Terms & Conditions
Terms & Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. By using this site you agree that access to and use of this site are subject to the terms and conditions written below, and other applicable laws. If you do not agree to these terms and conditions, please do not order or use this site.
The content included in this site, including but not limited to text, graphics or code is the property of Portland Bonsai Supply and is copyrighted in the United States as a collective work under copyright laws. The collective work includes items that maybe licensed to Portland Bonsai Supply. Copyright 2016 Portland Bonsai Supply ALL RIGHTS RESERVED. Permission is granted to electronically copy and print copies of this site for the sole purpose of placing an order with Portland Bonsai Supply or purchasing Portland Bonsai Supply products. You may download and display, subject to any expressly stated restrictions or limitations relating to specific material., the material from the different areas of the site for your own non-commercial use, or to place an order with Portland Bonsai Supply or to purchase Portland Bonsai Supply 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 Portland Bonsai Supply. You agree not to change or delete any materials downloaded from the site.
All trademarks and trade names of Portland Bonsai Supply used on this site are trademarks or registered trademarks for sole use by Portland Bonsai Supply
This site and content and products on this site are sold "as is" and without warranties of any kind, whether express or implied. Pursuant to permissible and applicable law, Portland Bonsai Supply denies all warranties, express or implied, including implied warranties of merchant and the fitness for a purpose and non-infringement. Portland Bonsai Supply does not warrant or represent that the functions contained in the site will be error free or uninterrupted, and 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. Portland Bonsai Supply does not make any warranties or representations regarding the use of the materials correctness in this site in terms of the accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Limitations may not apply in states that do not permit limitations or exclusions on warranties.
If a Portland Bonsai Supply product is mistakenly listed at an incorrect price, Portland Bonsai Supply reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Portland Bonsai Supply reserves the right to cancel or refuse all such orders whether the order has been confirmed or not and your PayPal account or credit card charged. If your PayPal account or credit card has already been charged for the purchase and your order is cancelled, Portland Bonsai Supply shall issue a credit to your PayPal account or credit card account in the amount of the incorrect price.
Limitation of Liability
Portland Bonsai Supply 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 when Portland Bonsai Supply has been advised that such damages exist. Applicable laws 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.
These terms and conditions are applicable upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, and any part of them, can and may be terminated by Portland Bonsai Supply without further notice, for any reason. The provisions relating to Copyrights, Disclaimer, Trademark, Limitation of Liability, Indemnification and Miscellaneous, shall survive termination.
Portland Bonsai Supply may deliver notice to you via e-mail, a notice on the site, or by other method to the address you have provided Portland Bonsai Supply.
Use of Site
Harassment in any form of communication on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a visitor or other licensed employee, host, or representative, as well as other members on the site is prohibited. You may not upload, distribute, or publish through the site content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or objectionable which may constitute and/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 solicit others to join or become members of any other commercial online service or organization.
Use of this site shall be governed by the laws of the state of Oregon, U.S.A., without regard to choose law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that authority over and venue in any legal proceeding directly or indirectly resulting out of or relating to this site (including the purchase of products from Portland Bonsai Supply) shall be in the state or federal courts located in Portland, Oregon. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of products from Portland Bonsai Supply) must commence within one (1) year after the claim or cause of action occurs. Portland Bonsai Supply's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be interpreted as a waiver of any provision or right. The course of conduct between the parties, nor the trade practice shall cause modification to any of these terms and conditions. Portland Bonsai Supply may assign its rights and duties of this Agreement to any party at any time without further notice to you.
Portland Bonsai Supply may not 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, Portland Bonsai Supply is only acting as a passive conduit for such communication distribution and is not undertaking any obligation or liability of the contents or activities on the site. Portland Bonsai Supply does reserve the right to block or remove communications or materials that it determines to be obscene, abusive, defamatory, deceptive, or misleading, fraudulent, in violation of a copyright, trademark or; other intellectual property right of another or offensive or otherwise unacceptable to Portland Bonsai Supply in its sole discretion.
You agree to indemnify, defend, and hold harmless Portland Bonsai Supply, its officers, directors, employees, agents, licensors, and suppliers from and against all damages, losses, expenses, and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any related activity to your account (including negligent or wrongful conduct) by you or by any other person knowingly or unknowingly accessing the site using your Internet account.
To provide increased value to our visitors, Portland Bonsai Supply may link to sites operated by third parties. However, Portland Bonsai Supply has no control over these linked sites even if the third party is affiliated with Portland Bonsai Supply, which all have separate privacy and data collection practices, independent of Portland Bonsai Supply. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Portland Bonsai Supply seeks to protect the integrity of its web site and links placed upon it and request any feedback on not only its own site, but the sites it links to as well including specific link that do not work.