Arbor Day Foundation Website Terms and Conditions of Use

Welcome to the Arbor Day Foundation’s website. This site is maintained as a service to our members and customers. By using this site, you agree to be bound by the following terms and conditions of use. Please review these terms and conditions carefully. If you do not agree to these terms and conditions, you should not use this site.

Agreement

This Term of Use agreement ("the "Agreement") specifies the Terms and Conditions for access to and use of the Arbor Day Foundation’s websites including, continuinged.ballballu.com, www.arbordayfarm.org, www.liedlodge.org, shop.ballballu.com, teamtrees.org, and their subdomains or portals (the "Site"). This Agreement applies to your use of the Site including your purchase of products through the Site. This Agreement may be modified at any time by Arbor Day Foundation upon posting of the modified Agreement. Any such modifications shall be effective immediately. You can view the most recent version of these terms at any time at continuinged.ballballu.com. Each use by you shall constitute and be deemed your unconditional acceptance of this Agreement.

Privacy

Your visit to our site is also governed by our Privacy Policy. Please review our Privacy Policy at continuinged.ballballu.com.

Ownership

All content included on this site is and shall continue to be the property of the Arbor Day Foundation or its content suppliers and is protected under applicable copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, use or publication by you of any such content or any part of the Site is prohibited, except as expressly permitted in this Agreement. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of this Site.

Trademarks

Arbor Day Foundation, Arbor Day, Arbor Day Farm, and others are either trademarks or registered trademarks of the Arbor Day Foundation. Other product and company names mentioned on this Site may be trademarks of their respective owners.

Site Use

The Arbor Day Foundation grants you a limited, revocable, nonexclusive license to use this site solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You agree not to copy materials on the site, reverse engineer or break into the site, or use materials, products, or services in violation of any law. The use of this website is at the discretion of the Arbor Day Foundation and the Arbor Day Foundation may terminate your use of this website at any time.

By using the Site, you represent and warrant to us as follows: (i) that you have the right to enter into any transaction contemplated without violating this Agreement, any applicable law, rule, or regulation, and/or any agreement with, or rights of, any third party; (ii) that you will use the goods and services provided hereunder exactly as authorized and never in any way that would violate any applicable law or third party right of any kind; and (iii) that any goods or services purchased from the Site are purchased for solely your own use, and not for resale and/or export.

Indemnification

You agree to indemnify, defend, and hold the Arbor Day Foundation and our partners, employees, and affiliates, harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to your violation of this Agreement or use of the Site.

Disclaimer

THE INFORMATION ON THIS SITE IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS. YOU AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. the ARBOR DAY FOUNDATION DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITE SHALL BE TO DISCONTINUE USING THE SITE.

Limitation of Liability

UNDER NO CIRCUMSTANCES WILL THE ARBOR DAY FOUNDATION BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE SITE, YOUR SITE USE, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR CONTENT IS TO CEASE ALL OF YOUR SITE USE.

You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in this Agreement that directly conflict with such laws may not apply to you.

Use of Information

The Arbor Day Foundation reserves the right, and you authorize us, to use and assign all information regarding site uses by you and all information provided by you in any manner consistent with our Privacy Policy.

Online Orders

When placing an order on our Site, you are effectively offering to purchase whatever products and services you select. We reserve the right to accept or reject any order at our own discretion. We will only accept or reject an order in its entirety. Should we elect to accept your offer, you will receive a confirming email at the email address that you provide at such time. Notwithstanding, we reserve the right to cancel any order once accepted by us (as evidenced by a confirming email) at any time at our sole discretion. Additionally, you have the option of cancelling your order (in its entirety only) at any time prior to our having sent to you the confirming email referenced herein.

Payment

Terms: All applicable prices are set forth alongside the goods and services offered on the Site. Such prices are subject to change at any time by us at our sole discretion. Unless otherwise stated on the Site, you will be responsible for the prices stated at the time of your transaction, as well as any: (i) sales, use, excise, and related taxes; and (ii) shipping and handling charges. Payment may only be made with a valid credit, debit card, or use of a bona-fide electronic payment provider (i.e., PayPal). By using any such card or payment provider, you are hereby representing and warranting your full right and authority to make such purchase in the manner elected without violating any applicable law, rule, or regulation.

• Tree Shipping
  • For trees purchased through shop.ballballu.com, credit cards will be charged at time of purchase, and trees will be shipped during the right time to plant in your hardiness zone. Go to http://shop.ballballu.com/nursery-shipping to view our most current shipping schedule.
  • Trees cannot be shipped to AK, AZ, HI, U.S. territories, countries outside the U.S, PO boxes, APO’s, or FPO’s.
• Subscriptions
  • For all Arbor Day Coffee subscription purchases, you understand that your credit card will be charged in the increments that you selected. You can update the frequency of your orders or cancel your subscription at any time by logging into your account and navigating to Recurring Orders. If you have any questions about your membership or need additional help, you can call 1-888-448-7337. Subscription prices are subject to change - you will be notified in advance of any subscription price changes that may occur.

Guarantee

When you order trees from The Arbor Day Foundation, your order is guaranteed to arrive in a good, healthy condition or we’ll replace them at no charge. Our tree seedlings are shipped as dormant bare root seedlings at a suitable time for planting. This means that they are still in their hibernating state from the winter months. Deciduous trees will generally be delivered leafless with a few swollen buds, while Conifers will have needles. To confirm that the trees are alive, lightly scratch the seedling with your thumb nail. This should reveal a living layer of green tissue…your assurance that the seedlings are alive and ready to be planted. Each tree and plant is guaranteed to grow, or we’ll replace it within six months of shipment and in accordance with the following:

• Live Goods: One-time replacement or partial refund is issued if live goods (tree, bulbs, plants, etc.) arrive in damaged condition or if live goods do not survive (with proper care) within six months of shipping.
• General Merchandise: Please contact us within 30 days to setup a refund or replacement.
• Replacements of more than $200: Any replacement requests totaling $200.00 or more, however, may require additional information and photo documentation before replacement trees are sent.

Refunds

All refunds for merchandise will be provided as follows:

• If you paid with a credit card: Please allow 5 to 10 business days for the refund to process back to the provided credit card.
• If you paid with a check/cash: Please allow 3-4 weeks for a check refund to arrive to your address. Please note that the acceptance of this check for mobile deposits may vary depending on your bank’s policies.
• If you paid with PayPal within the last 180 days: Your funds will be returned to your PayPal account.
• If you paid with PayPal more than 180 days ago: You will receive your funds through a check.

Copyrights and Copyright Agent

If you believe your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated, please provide a notice containing all of the following information to our Copyright Agent:

• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
• A description of the copyrighted work that you claim has been infringed;
• A description of where the material that you claim is infringing is located on the Site;
• Your address, telephone number, and e-mail address;
• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Our Copyright Agent for Notice of claims of copyright infringement on the Site is Amy Duval Carlson, who can be reached as follows:

By Mail: 211 N. 12th Street, Lincoln, NE 68512
By Phone: 402-474-5655
By E-mail: [email protected]
For more information on the Digital Millennium Copyright Act, please see the U.S. Copyright Office website.

Notices

We may provide notices hereunder to you by: (i) email; (ii) regular mail; or (iii) posting them on the Site. You shall be responsible for ensuring that you have provided us with your current email and mailing addresses. You can contact us at any time by any of the following means:

By Mail: The Arbor Day Foundation
211 N. 12th Street
Lincoln, NE 68508
By Phone: 1-888-448-7337
Online: Contact Us

Applicable Law

You agree that the laws of the state of Nebraska, without regard to conflicts of laws provisions will govern these Terms and Condition of Use and any dispute that may arise between you and the Arbor Day Foundation or its affiliates.

Compliance with Laws

You agree to comply with all applicable laws regarding your use of the website. You further agreed that information provided by you is truthful and accurate to the best of your knowledge.

Severability

If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.

Waiver

The failure of Arbor Day Foundation to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of this Agreement by Arbor Day Foundation must be in writing and signed by an authorized representative of the Arbor Day Foundation.

Termination

The Arbor Day Foundation may terminate this Agreement at any time, with or without notice, for any reason.

Relationship of the Parties

Nothing contained in this Agreement or your use of the Site shall be construed to constitute either party as a partner, joint venturer, employee, or agent of the other party, nor shall either party hold itself out as such. Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain independent contractors responsible for its own actions.

Entire Agreement

This Terms of Use constitutes the entire agreement between you and the Arbor Day Foundation and governs the terms and conditions of your use of the Site, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and the Arbor Day Foundation with respect to this Site. Notwithstanding the foregoing, you may also be subject to additional terms and conditions, posted policies (including but not limited to the Privacy Policy), guidelines, or rules that may apply when you use the website. the Arbor Day Foundation may revise this Terms of Use at any time by updating this Agreement and posting it on the Site. Accordingly, you should visit the Site and review the Terms and Conditions of Use periodically to determine if any changes have been made. Your continued use of this website after any changes have been made to the Terms of Use signifies and confirms your acceptance of any such changes or amendments to the Terms and Conditions of Use.