The following Terms and Conditions of Use govern your use of the expert-gardener.com website (the “Website”) and any services, content, tools, information, or products offered on or through the Website (collectively the “Services”).
Please read these Terms carefully before using the Website or Services. By accessing the Website or using any Services, you agree to become bound by these Terms. If you do not agree to all provisions of these Terms, do not access or use the Website or Services.
1. About Expert Gardener®
The Website and Services are owned and operated by Expert Gardener®, LLC (“Expert Gardener®”, “we”, “us” or “our”). We are a leading supplier of premium gardening products including fertilizers, potting mixes, tools, and more.
The Website provides information about Expert Gardener® products, gardening advice, special offers, online ordering, and other Services described here or offered on the Website. Users of the Website and Services are referred to individually as “you” or collectively as “Users”.
2. Use of the Website & Services
2.1 Expert Gardener® grants you permission to use the Website and Services subject to these Terms. Your use indicates you agree to these Terms in full. If you cannot comply with any part of these Terms, you may not use the Website or Services.
2.2 You must be at least 18 years old or have parental consent to legally agree to these Terms and use the Website or Services. Use is void where prohibited.
2.3 Certain sections or features of the Website or Services may be subject to additional posted guidelines, rules, or terms. Using those sections indicates agreement with those specific terms.
2.4 We reserve the right to modify these Terms at any time by posting updated Terms on the Website. Amended Terms are effective once posted. Your continued use of the Website or Services after posting constitutes acceptance of the revised Terms.
2.5 You are responsible for having the necessary equipment and internet services to access the Website and use the Services. We are not responsible for any errors, failures, or technical problems that arise from connectivity issues or inadequate internet services.
3. Website Accounts
3.1 Certain Website Services require you to register for a user account. You must provide accurate personal information when creating an account. Using someone else’s information or creating multiple user accounts is prohibited and may result in account termination.
3.2 You are responsible for all activities that occur in connection with your Website user account. Do not share your login credentials with others. You must notify Expert Gardener® immediately of any unauthorized use of your account.
3.3 Expert Gardener® reserves the right to suspend, deactivate, or delete your account if you violate these Terms, abuse Services, or engage in prohibited conduct. Reasonable notice will be provided via the email address associated with your account before termination.
4. Ordering Products & Services
4.1 The Website allows you to purchase select Expert Gardener® products online. All orders are subject to product availability. Inventory shown on the Website is not guaranteed.
4.2 When placing an order, you agree to provide complete and accurate information including your name, shipping and billing addresses, contact information, and payment details. You certify that you are legally authorized to use any payment method associated with your account.
4.3 Expert Gardener® strives for all pricing and product details on the Website to be accurate. In the event of an error that substantially affects the price or product description of your order, we will provide notice and await confirmation before processing or cancel the order.
4.4 All stated prices and available quantities reflect those in effect at the time of transmission. Prices, quantities, and availability are subject to change at any time without notice.
4.5 Orders are processed and shipments sent promptly after purchase completion. We shall not be liable for any delays in shipment that are outside our control. Typical delivery timeframes are estimates only, not guarantees.
4.6 Risk of loss and title transfers to you upon our shipment to the carrier. You are responsible for notifying us promptly of non-delivery or damage during transit. Customers may arrange their own shipping if preferred.
4.7 Returns or exchanges may be granted at Expert Gardener®’s sole discretion if requested within 30 days of purchase with proof of purchase, in like-new condition, with original packaging, and using the return process outlined on the Website. Refunds are generally issued to the original payment method.
4.8 Expert Gardener® reserves the right to restrict quantities or decline orders for any reason including if an order appears fraudulent, places unreasonable demands on operations, or contains obvious errors.
4.9 Purchases by government entities may require compliance with certain procurement rules and regulations. Contact us to discuss these requirements prior to ordering.
5. Website Content & Ownership
5.1 The Website and Services contain text, code, graphics, logos, images, compilation, magnetic translation, digital conversions, and other content protected by intellectual property laws. This material is owned by Expert Gardener® or its third party licensors.
5.2 Subject to your compliance with these Terms, Expert Gardener® grants you limited permission to access and use Website content for your personal use only. You may not reproduce, distribute, modify, create derivative works from, publicly display or perform, republish, download, store, transmit, or otherwise use Website content for any commercial purpose without written permission.
5.3 The Website may allow you to upload content including comments, photographs, videos, or other files or media. You retain ownership of any original content you upload. You agree not to upload illegal, infringing, harmful or objectionable content. We may remove materials that we consider unlawful or violate these Terms.
5.4 Any feedback, suggestions, or ideas sent to Expert Gardener® through the Website may be used on a non-confidential basis. Submitting an idea does not form any confidential, fiduciary, joint venture or other relationship with us. You assign all rights and waive any related claims.
6. Acceptable Use Policy
6.1 You agree only to use the Website and Services for lawful purposes permitted by these Terms. You are solely responsible for your conduct.
6.2 WE PROHIBIT ANY MISUSE OF OUR SERVICES. Users may NOT:
- Infringe any third party’s copyrights, patent rights, trademarks, or other intellectual property rights;
- Post illegal, fraudulent, defamatory, or unethical content;
- Distribute viruses, worms, or malware;
- Collect nonpublic personal data without consent;
- Copy Website content outside personal use permissions;
- Share login credentials or allow account use by others;
- Post profane, abusive, threatening, hateful or harassing language or content;
- Promote discriminatory bias against protected classes;
- Scrape, data mine, harvest, frame, or mirror Website content;
- Violate any laws, regulations, or third party policies.
6.3 We reserve discretion to remove any content or terminate any accounts we consider unlawful or harmful.
7. Advertisements & Third Party Services
7.1 The Website may contain third party advertisements or promotions as a service to advertisers. The appearance of advertising does not constitute endorsement by Expert Gardener®. We cannot control and are not responsible for third party websites or content associated with advertisements or search engine results.
7.2 The Website may enable access to third party services or products, such as planting zone lookup tools or social networks. We are not responsible for third party content or practices. Use good judgment when interacting with third parties.
7.3 You are responsible for reading and complying with the policies of any third party websites or services linked through our Website, and assume all risks related to use.
8. Disclaimers & Limitations of Liability
8.1 THE WEBSITE AND SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND. WE DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
8.2 EXPERT GARDENER® MAKES NO GUARANTEES ABOUT THE ACCURACY, COMPLETENESS, SAFETY, QUALITY, OR LEGALITY OF CONTENT, PRODUCTS, SERVICES, ADVICE, OR OTHER INFORMATION ON THE WEBSITE. WE DO NOT INDEPENDENTLY VERIFY OR ENDORSE INFORMATION PROVIDED BY USERS OR THIRD PARTIES. USE GOOD JUDGMENT WHEN EVALUATING CONTENT.
8.3 WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE WEBSITE OR SERVICES. THIS INCLUDES BUT IS NOT LIMITED TO LOSS OF GOODWILL, PROFITS, DATA, OR OTHER INTANGIBLE LOSSES.
8.4 IN NO EVENT WILL EXPERT GARDENER® BE LIABLE FOR DAMAGES ARISING FROM UNAUTHORIZED ACCESS, LOSS OR CORRUPTION OF DATA OR CONTENT, APPLICATION DOWNTIME, OR OTHER TECHNICAL MALFUNCTIONS. WE SHALL NOT BE LIABLE FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES.
8.5 TOTAL CUMULATIVE LIABILITY FOR ANY REASON SHALL NOT EXCEED $100. Some jurisdictions do not allow limitations of liability, so this provision may not fully apply. We are not liable for any damages that could have been avoided by following these Terms.
9. Indemnification
You agree to fully indemnify, defend, and hold harmless Expert Gardener®, our parents, subsidiaries, affiliates, successors or assigns, and our and their officers, directors, agents, contractors, partners, vendors, service providers, content providers, licensors, employees, distributors, and operators from any claims, damages, costs, liabilities and expenses (including reasonable attorneys fees) arising from your improper use of the Website or Services, violation of these Terms or any law, violation of any third party right including intellectual property rights, or any other matters related to this Website and the Services. We reserve the right, at your expense, to assume exclusive defense and control of any indemnified matter.
10. Termination of Access
10.1 Expert Gardener® may revoke or terminate your access to the Website or Services at any time without notice for any reason, including breach of these Terms. You shall immediately stop using the Website and Services upon termination.
10.2 Sections regarding content ownership, disclaimers, limitations of liability, indemnification, and any other clauses intended to survive termination shall remain in effect after any termination. Termination does not limit any other available remedies.
11. Governing Law
These Terms and any matters related to use of the Website or Services shall be construed in accordance with the laws of the State of Delaware without regard to conflicts of law provisions. You agree to personal jurisdiction and venue exclusively within the federal or state courts located in Delaware for any dispute arising out of your use of the Website or Services.
12. Class Action Waiver
You agree not to participate in class actions against Expert Gardener® related to your use of the Website or Services. There shall be no right or authority for any claims within the scope of this arbitration clause to be arbitrated on a class action basis. An arbitrator shall not consolidate claims without consent of all parties. If this class action waiver is deemed unenforceable by any court, then the arbitration clause shall be void.
13. Complete Agreement
These Terms constitute the entire agreement between you and Expert Gardener® related to use of the Website and Services. These Terms supersede any prior agreements. The failure to exercise or enforce any rights or provisions shall not constitute a waiver of such right or provision. If any provision of these Terms is found unenforceable or invalid, that clause will be limited or eliminated to the minimum extent necessary so the Terms shall remain in effect. Section titles are for convenience only and have no legal or contractual effect. We may assign our rights and obligations under these Terms.
We value our Users and thank you for your responsible use of our Website and Services!