Terms and Conditions
TERMS OF SERVICE
Welcome to TYLER’S TREES websites. FARMACY NYC, LLC (d/b/a TYLER’S TREES) and TYLER’S TREES, and its affiliates, and their respective affiliates (collectively, "TYLER’S TREES", "we", "us" or "our") owns and/or operates <https://nyctrees.com/>, and <email@example.com>. These websites and e-mail addresses, together with other websites, mobile sites, and mobile applications owned, operated, or controlled by TYLER’S TREES, are referred to herein, individually and collectively, as the “Website”. TYLER’S TREES provides the Website and our products and services to you subject to the following conditions.
THESE TERMS INCLUDE (1) A BINDING ARBITRATION PROVISION, WHICH INCLUDES A WAIVER OF YOUR RIGHT TO PURSUE CLAIMS AS CLASS ACTIONS AND A WAIVER OF YOUR RIGHT TO A JURY TRIAL; (2) A LIMITATION OF YOUR RIGHT TO BRING CLAIMS AGAINST US MORE THAN 1 YEAR AFTER THE RELEVANT EVENTS OCCURRED; AND (3) THE RIGHT TO OPT OUT OF THE FOREGOING PROVISIONS. SEE BELOW FOR DETAILS ON THESE PROVISIONS.
These Terms set forth the entire, final and exclusive agreement between TYLER’S TREES and you with respect to your use of, and access to, the Website and any and all content, data, information and materials contained therein and transactions completed thereon, and supersede all previous oral and written terms, representations, or understandings concerning your use of, and access to, the Website and any and all content, data, information and materials contained therein and transactions completed thereon. These Terms also apply to any other aspects of your relationship with us. If there is a conflict amongst the provisions in the various Terms, the more specific provision governs.
TYLER’S TREES makes reasonable efforts to provide accurate and timely information on the Website. While we believe, the information is reliable, we provide no warranty that the information is always up to date or contains all the relevant information available.
You must be 18 years or older to use, register for an account, transmit/submit/post any content, material or personally identifiable information or place an order on the Website. If you are under 18 or under the legal age to enter enforceable contracts in the jurisdiction from which you are accessing the Website, you may use the Website only with consent of a parent or guardian. By submitting information or content on the Website you represent that you meet this age restriction and TYLER’S TREES provides you access to the Website subject to your compliance with these Terms.
We reserve the right to modify or amend this Policy at any time with or without notice, and for any reason. Changes to this Policy shall be effective when posted on the TYLER’S TREES Sites. In case of any material change to the Policy, we will provide notice on the TYLER’S TREES Sites of any update to the Policy and post the updated Policy. You are responsible for reviewing this Policy each time you use or access the TYLER’S TREES Sites. Your continued use of this TYLER’S TREES Sites are an acknowledgment and consent to any terms contained in this Policy, as it may be amended from time to time.
By visiting our TYLER’S TREES Sites, you acknowledge and agree that you have read this Policy and agree to the collection, use and other processing of your information in accordance with the practices described in this Policy. If you do not agree to all or any of the terms, conditions and practices set forth herein, do not access the TYLER’S TREES Sites or any of its pages.
This TYLER’S TREES Sites are intended for adult use only, and we do not knowingly collect any personally identifiable information from anyone under the age of 13.
SITE MANAGEMENT AND PRODUCTION
The TYLER’S TREES Sites are managed by TYLER’S TREES, and exist for the purpose of disseminating information about TYLER’S TREES products, and to provide a mechanism for users of our TYLER’S TREES Sites to order our TYLER’S TREES products and participate in our promotional activities.
The TYLER’S TREES Sites are hosted, and all information that you submit through TYLER’S TREES is collected, stored, and processed, in the United States.
MOBILE APPLICATION USERS
Text Messages: We distribute mobile coupons and other text messages to devices of guests who have requested this information via an opt-in request. To opt out of TYLER’S TREES mobile messaging, reply “stop” to text messages sent from TYLER’S TREES. This will opt you out of all TYLER’S TREES text message campaigns from TYLER’S TREES.
Push Notifications: You may at any time opt out from further allowing TYLER’S TREES to send you push notifications by adjusting the permissions in your mobile device.
Geo-Location: You may at any time opt out from further allowing TYLER’S TREES to access location data by adjusting the permissions in your mobile device.
Uninstall the TYLER’S TREES Mobile Application: You can stop all further collection of information by the TYLER’S TREES mobile application by uninstalling the TYLER’S TREES mobile application. You may use the standard uninstall process available as part of your mobile device or via the mobile application marketplace or network.
Note: If you uninstall the mobile application from your device, the TYLER’S TREES unique identifier associated with your device will continue to be stored. If you re-install the application on the same device, TYLER’S TREES will be able to re-associate this identifier to your previous transactions and activities.
Mobile application users: The following provisions apply to users of TYLER’S TREES mobile applications (each, an “Application”):
Device and Usage Information: Device and usage information may be shared with Shopify, Google Analytics (Google), Apple Analytics (Apple) and Crashlytics (Fabric, a Google company) for analytics and crash reporting. Device and Usage information may also be collected by Third Party SDK’s when connecting or interacting with them.
Users of the Apple Application: If you download and/or use our Application(s) for iPhone or iPad: These Terms & Conditions incorporate by reference the Licensed Application End User License Agreement (the “LAEULA”) published by Apple, Inc. (located online at http://www.apple.com/legal/itunes/appstore/dev/stdeula/). For purposes of these Terms & Conditions, the Application is considered the “Licensed Application” as defined in the LAEULA and TYLER’S TREES is considered the “Application Provider” as defined in the LAEULA. If any of these Terms & Conditions conflict with the terms of the LAEULA, these Terms & Conditions shall control.
Mobile Service, Internet and Service Fees: The use of the Application requires use of a mobile device and wireless mobile data service, which must be obtained from your wireless carrier, and may require Internet access, which must be obtained from your service provider; you are responsible for obtaining and paying for such additional services and obtaining a suitable device, including without limitation all usage charges related thereto. You may be required to send and receive, at your cost, electronic communications related to the Application, including without limitation, administrative messages, service announcements, diagnostic data reports and Application updates from TYLER’S TREES, your mobile carrier or third party service providers. If you do not have an unlimited wireless mobile data plan, you may incur additional charges from your wireless service provider in connection with your use of the Application. You are solely responsible for obtaining any additional subscription or connectivity services or equipment necessary to access the Application, including but not limited to payment of all third party fees associated therewith, including fees for information sent to or through the Application.
The Application may not work with all devices or all mobile carriers. TYLER’S TREES makes no representations that the Application will be compatible with or provided by all mobile carriers. In the event that fees are charged for the Application or other third-party service providers charge a fee for the products or services they provide, you agree to pay such fee to the respective party in exchange for your continued use of such products or services. Some services may be subject to different or additional terms (including fees), which you will be required to agree to prior to your use of such services.
We also collect personally identifiable information in the following ways and for the following purposes:
Orders and Purchases: If you submit an order for an TYLER’S TREES product on the TYLER’S TREES Sites, you will be required to submit verifiable and accurate identity and contact information, delivery and billing address, and payment information. This personally identifiable information will be used for billing purposes and to fill product orders, to send you emails and text/SMS messages about promotions if you have opted in, and may be retained for record keeping and legal purposes along with the content of your order. We utilize industry-standard Secure Sockets Layer ("SSL") technology to allow for the encryption of all product orders submitted on our TYLER’S TREES Sites in order to protect your credit card and other information. For additional details about our information security practices please see the SECURITY section below. If you are uncomfortable with submitting your credit card or other order information via the Internet for any reason, please feel free to contact TYLER’S TREES.
Electronic Mail and Social Media: TYLER’S TREES may retain the content of any e-mail or social media posting that TYLER’S TREES receives, the email or social media account address from which it is sent, and our response. Content and other information in or related to emails sent by you to TYLER’S TREES or postings on any of TYLER’S TREES social media platforms, such as Facebook and Twitter may be used as testimonials or for other marketing purposes in accordance with the Terms. Please be aware that when you receive a receipt acknowledging your email or an upload to one of our social media accounts or your submission of an order or application form, it means that the message or form has been routed into the Internet, and not that it has been received by us. We also collect information automatically using technology when you visit our TYLER’S TREES Sites or social media pages or when you open one of our emails. For additional details about the information we collect using technology, please see the COOKIES AND OTHER TRACKING DEVICES section.
Device Authentication/Fraud Detection: We, or a third party acting on our behalf and at our direction, may collect information about your device to authenticate your device and to protect you and us against fraud. Specifically, we may collect your Device ID, GPS logs (which includes information about your location and movement) and device info logs (which includes information about your device’s operating system, model, brand, mac address). That information will be used solely for device authentication and fraud detection purposes.
COOKIES, OTHER TRACKING DEVICES AND THIRD-PARTY SERVICE PROVIDERS
A cookie, also known as an HTTP cookie, web cookie, or browser cookie, is a small piece of data sent from a TYLER’S TREES Site and stored in a user's web browser while the user is browsing a TYLER’S TREES Site (“Cookie”). Every time the user loads a TYLER’S TREES Site, the browser sends the Cookie back to the server to notify the TYLER’S TREES Sites of the user's previous activity. Web beacons (also known as image tags, gif or web bugs) are small pieces of code used to collect advertising data, such as counting page views, promotion views or advertising responses (“Web beacons”). Our TYLER’S TREES Sites' web server automatically collects and we may use your Cookies, Web beacons, and other similar tracking technologies (collectively “Tracking Technologies”) to collect “non-personal” information as you browse our TYLER’S TREES Sites. Certain pages of the TYLER’S TREES Sites, and promotional email messages, or newsletters we send, may contain Tracking Technologies that allow us to count users who have visited those pages and to determine whether messages have been opened and acted upon.
Some of these Tracking Technologies may be placed by third party service providers to help determine the effectiveness of our advertising campaigns or email communications. These Tracking Technologies may be used by these service providers to place a persistent Cookie on your computer. Doing this allows the service provider to recognize your computer each time you visit certain pages or emails and compile anonymous information in relation to those page views. The use of Tracking Technologies by third party service providers is within their control and not ours. We do not control their TYLER’S TREES Sites or their policies and practices regarding your information and you should be aware that different rules might apply to the collection, use or disclosure of your information by third parties in connection with their advertisements or promotions and other sites you encounter on the Internet. This Policy does not cover any use of information that a third party service provider may directly collect from you and we do not undertake to confirm, investigate, or police their practices.
We use Tracking Technologies, web server log files and tracking code, and information we receive through the use of these Tracking Technologies to analyze trends, administer the TYLER’S TREES Sites, track users’ movement, and gather broad demographic information for aggregate use. Information of this type may be combined with other sources of information for these purposes. Specifically, through the use of web server log files and tracking code any or all of the following information may be accessed, collected, analyzed and stored during or after your visits to our TYLER’S TREES Sites: the name of the domain from which you access the Internet; the date and time you access our TYLER’S TREES Sites; the pages that you visit on our TYLER’S TREES Sites and the sequence in which you visit them; the amount of time that you spend on any given page of our TYLER’S TREES Sites; the Internet address of a website that you visited immediately before visiting our TYLER’S TREES Sites; the Internet address of a website from which you linked directly to our TYLER’S TREES Sites, if any; the Internet address of a website that you visit immediately after leaving our TYLER’S TREES Sites; the type of operating system on your computer; and the type of browser that you are using to view a TYLER’S TREES Sites.
The practice of collecting these Tracking Technologies is a standard practice on the Internet. If you do not want us to collect your Cookies, you can set your browsers or third-party software to reject cookies. If you reject the Cookie, you may be unable to use portions of our TYLER’S TREES Sites that require registration, some pages of the TYLER’S TREES Sites might not function properly, and the TYLER’S TREES Sites experience will not be capable of being tailored to you from visit to visit. Please consult your web browser's Help documentation for more information about how to turn these Cookies on and off for your browser. Cookies are placed on your computer, and accordingly we neither store Cookies on our computers nor forward them to any external parties.
By visiting our TYLER’S TREES Sites, you acknowledge, understand and hereby agree that you are giving us your consent to track your activities through use of these Tracking Technologies and that we may use Tracking Technologies in the emails we send you.
USE AND SHARING INFORMATION
Use of Information: We use your personal information in a variety of ways, including processing TYLER’S TREES product orders, sending marketing and promotional emails, text messaging, processing registration as a TYLER’S TREES member, contacting you regarding the administration of your TYLER’S TREES membership, Promotions you have participated, responding to questions or other requests submitted through our TYLER’S TREES Sites, improving our TYLER’S TREES Sites, our services, and for internal business purposes, tailoring your experience on our TYLER’S TREES Sites, and to otherwise maintain and administer our TYLER’S TREES Sites. We may also use your personal information as disclosed at the time you provide such Personal Information through Promotions or as a TYLER’S TREES member.
Sharing Information: We may share your information with other third parties to perform functions or services on our behalf, to jointly offer products and services, to fulfill product orders placed on our TYLER’S TREES Sites, to process orders, and to facilitate the TYLER’S TREES program. We do not sell, rent, or lease your personal information.
Transaction Requirements: We sometimes retain the services of other third parties to perform functions or services on our behalf. For example, we use service providers to send emails and e-messages on our behalf; and third parties to deliver and ship TYLER’S TREES products that you order on our TYLER’S TREES Sites. To our knowledge, these companies do not retain share, store or use personally identifiable information for any secondary purposes not otherwise disclosed in this Policy. However, we do not undertake to confirm, investigate, or police their practices.
Our Affiliates: From time to time, we may send your information to our affiliates, or other opportunities that may be of interest to you.
Joint Promotions: From time to time, we may use third parties to provide specific services or products. When users sign up for these services or order these products, we will share only the names and other information that is necessary for the third parties to provide these services or products. These third parties are not permitted to use personally identifiable information except for the purpose of providing these services or products. However, we do not undertake to confirm, investigate, or police their practices.
Business Transfers: As we continue to develop our business, we might sell or buy assets. In such transactions, user information generally is one of the transferred business assets. In the event that all or substantially all of TYLER’S TREES assets are acquired, user information may be one of the transferred assets.
Protection of Site and Others: We may preserve and have the right to disclose any information about you or your use of the TYLER’S TREES Sites without your prior permission if we have a good faith belief that such action is necessary to: (i) protect and defend our rights, property or safety or that or those of our affiliates or agents, other users of the TYLER’S TREES Sites, or the public; (ii) enforce the Terms for the TYLER’S TREES Sites; or (iii) respond to claims that any content violates the rights of third-parties. We may also disclose information as we deem necessary to satisfy any applicable law, regulation, legal process or governmental request.
We will share aggregated demographic information with our affiliates, subsidiaries, and other third parties. This type of information is not linked to any personally identifiable information that can identify any individual person.
While no data transmission over the Internet is 100% secure from intrusion, we have reasonable and appropriate security measures in place to attempt to protect against the loss, misuse, and alteration of your personally identifiable information under our control. We have taken reasonable steps to confirm the information is retained in secured facilities and that reasonable measures have been implemented for protection from unauthorized access.
The TYLER’S TREES Sites utilizes industry-standard SSL technology to allow for the encryption of potentially sensitive information submitted to us in product orders, registrations and sign-ins. We conduct financial transactions via secured transmissions but may not always secure other parts of our TYLER’S TREES Sites.
However, no security system is impenetrable. We cannot guarantee the security of our TYLER’S TREES Sites or databases, nor can we guarantee that information you supply will not be intercepted while being transmitted to us over the Internet. We ask that you do your part by maintaining any usernames and passwords you use to access the Internet or this TYLER’S TREES Sites strictly confidential.
WE DO NOT SEND EMAILS ASKING YOU TO PROVIDE OR CONFIRM CREDIT CARD NUMBERS, SOCIAL SECURITY NUMBERS OR YOUR USERNAME AND PASSWORD! If you receive such email communication, please forward it immediately to the TYLER’S TREES Privacy Administrator at firstname.lastname@example.org and then immediately delete the fraudulent email from your computer.
ACCESS TO, AMENDMENT, AND DEACTIVATION OF INFORMATION
You can ask to review, correct, update, or deactivate the personal information that we maintain about you, at any time by sending a written request to the postal or email address set out below, or following the instructions in any email you receive from us. We may take a reasonable period of time to respond. If you request the deactivation or change of information on our system, such information may be retained in our backup systems for a period of time subject to technology restrictions, or as a precaution against systems failures. Some information may be retained for longer periods as required by law, contract or auditing requirements.
LINKS AND USE OF SOCIAL MEDIA
We sometimes use third party social media content we obtain from Twitter, Instagram, Pinterest, Facebook on our TYLER’S TREES Sites and our social media platforms. The privacy protections provided on these third-party social media sites are not part of our Policy and may differ from the privacy protections described in this Policy. If you upload content related to our TYLER’S TREES products on third party social media sites, that share information with the general public, user community, and/or a third-party social media TYLER’S TREES Sites it may be used or shared by us on our TYLER’S TREES Sites or our social media platforms to promote our TYLER’S TREES products and services. Consequently, you should review the privacy policies of these third-party sites before using it and ensure that you understand how your content maybe used. You can adjust your privacy settings on your accounts with these third-party sites to match your preferences.
If you have any questions regarding this Policy, or want to have any personal information removed, please contact us at: email@example.com
Please see individual product pages and our Products Policy here, which is incorporated into these Terms by reference and also governs your purchase of products through the Website, for more information on the terms and conditions of sale for our TYLER’S TREES products. Prices are in US dollars unless otherwise noted. TYLER’S TREES reserves the right to change prices on any product or products and to discontinue any services or products provided through the Website at any time.
All content included on the Website, such as text, graphics, logos, button icons, images, audio clips, photographs, illustrations, digital downloads, data compilations, and software, and the compilation (including the collection, selection, assembly and arrangement) of such materials is the property of TYLER’S TREES or its licensors or content suppliers and protected by copyright, trademark and other applicable laws in the United States and other jurisdictions.
TYLER’S TREES, and FARMACY are registered trademarks of TYLER’S TREES. This is not intended to be a complete list of all of TYLER’S TREES’ trademarks, and TYLER’S TREES owns or controls the proprietary rights in trademarks not listed here and in one or more countries. The TYLER’S TREES domain names and the domain names of TYLER’S TREES’ other websites are the property of TYLER’S TREES. All TYLER’S TREES trademarks, copyrights, trade dress and/or intellectual property used on the Website may not be used in connection with any product or service that is not offered for sale or otherwise provided by TYLER’S TREES, or in any manner that is likely to cause confusion among customers, or in any manner that disparages or defames TYLER’S TREES or the Website. All other trademarks, services marks, logos, designs, and trade dress, not owned by TYLER’S TREES that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by TYLER’S TREES.
LICENSE, LIMITATIONS ON USE AND WEBSITE ACCESS
TYLER’S TREES grants you a limited license to access the Website for normal browsing only, and to download (for caching purposes only) or print a copy of the materials on the Website for your personal use only provided that you: (a) keep intact all copyright and other proprietary notices; (b) do not use the material in a manner that would compete with, achieve commercial gain, or damage the goodwill associated with TYLER’S TREES; (c) do not use the material in a manner that suggests an association with any of our services, brands, or products (unless otherwise authorized in writing by TYLER’S TREES); and (d) do not make any modifications to the material. Except as expressly provided in this paragraph, you may not download (other than page-caching), modify, copy, reproduce, republish, post, resell, upload, transmit or distribute material or any portion of it from the Website, except with express written consent of TYLER’S TREES. The limited-use license granted herein does not include any right for resale or commercial use of the Website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. We may grant you, at our sole discretion, a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Website provided that: (e) you do not use the TYLER’S TREES logo or other proprietary graphic or trademark as part of the link without our express written permission; (f) the link does not portray TYLER’S TREES or their products or services in a false, misleading, derogatory, or otherwise offensive matter; (g) you do not use the link in a manner that would compete with or damage the goodwill associated with TYLER’S TREES; and (h) you do not use or post the link in a manner that suggests an association with any of our services, brands, or products (unless otherwise authorized in writing by TYLER’S TREES). To request our permission to create a hyperlink to the home page of the Website, please contact us at: firstname.lastname@example.org, Attn: Webmaster
In addition, you agree not to:
(a) Use or access the Website for any purpose that is unlawful or prohibited by these Terms;
(b) Frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of TYLER’S TREES, or our subsidiaries or our affiliates without express written consent of TYLER’S TREES;
(c) Use any meta tags or any other "hidden text" utilizing TYLER’S TREES trade names, trademarks, service marks or logos without the express written consent of TYLER’S TREES;
(d) Make any commercial or non-fair use of the copyrights, trademarks, logos, symbols, or any other mark, device, or commercial identifier of TYLER’S TREES without the express written consent of TYLER’S TREES;
(e) Use or access the Website in a manner that could damage, disable, overburden, or impair any TYLER’S TREES server or the networks connected to any TYLER’S TREES server;
(f) Interfere with any third party's use and enjoyment of the Website;
(g) Attempt to gain unauthorized access to the Website, accounts, computer systems, or networks connected to any TYLER’S TREES server through hacking, password mining, or any other means;
(h) Sublicense any license granted in or to materials on the Website under these Terms (whether or not any of such acts are for commercial gain or advantage); or
(i) Reverse engineer, decompile, modify, or create derivative works from any software accessible by or on the Website unless specifically authorized in writing by the owner of the software to do so.
ALL RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED.
MOBILE APPLICATION LICENSE
If you access our mobile application(s), then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on wireless electronic devices owned or controlled by you, and to access and use the mobile application on such devices strictly in accordance with the terms and conditions of this mobile application license contained in these Terms. You shall not: (a) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application; (b) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the application; (c) violate any applicable laws, rules, or regulations in connection with your access or use of the application; (d) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the application; (e) use the application for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; (f) make the application available over a network or other environment permitting access or use by multiple devices or users at the same time; (g) use the application for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the application; (h) use the application to send automated queries to any website or to send any unsolicited commercial e-mail; or (i) use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the application.
TYLER’S TREES may make available for download certain application updates or upgrades to the application to update, enhance or further develop the application (“Application Updates”). The license granted herein allows you to download and use the Application Updates to update the Application on any device that you own or control. These Terms do not allow you to update devices that you do not own or control, and you may not make the Application Updates available over a network where they could be used by multiple devices or multiple computers at the same time. You may not make any copies of the Application Updates, unless such copy is authorized in writing by TYLER’S TREES.
TYLER’S TREES may, at its discretion, automatically download Application Updates to your device. You agree to accept these Application Updates and to pay for any costs associated with receiving them. The application and Application Updates are subject to United States export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the application and Application Updates. These laws include restrictions on destinations, end users and end use.
Apple and Android Devices
Mobile Service, Internet and Service Fees
Your use of our mobile application requires use of a mobile device and may require use of a wireless mobile data service, which must be obtained from your wireless carrier, and may also require Internet access, which must be obtained from your service provider; you are responsible for obtaining and paying for such additional services and obtaining a suitable device, including without limitation all usage charges related thereto. You may be required to send and receive, at your cost, electronic communications related to the application, including without limitation, administrative messages, service announcements, diagnostic data reports, and Application Updates, from TYLER’S TREES, your mobile carrier or third-party service providers. If you do not have an unlimited wireless mobile data plan, you may incur additional charges from your wireless service provider in connection with your use of the application. You are solely responsible for obtaining any additional subscription or connectivity services or equipment necessary to access the application, including but not limited to payment of all third-party fees associated therewith, including fees for information sent to or through the application.
The application may not work with all devices or all mobile carriers. TYLER’S TREES makes no representations that the application will be compatible with or provided by all mobile carriers. In the event that fees are charged for the application, or other third-party service providers charge a fee for the products or services they provide, you agree to pay such fee to the respective party in exchange for your continued use of such products or services. Some services may be subject to different or additional terms (including fees), which you will be required to agree to prior to your use of such services.
OPEN AREAS AND RESERVED AREAS
Most areas of the Website may be accessible without password access control ("Open Areas"). However, some areas of the Website are strictly for reserved use and access only ("Reserved Areas"). You agree not to attempt to gain unauthorized entry into the Reserved Areas.
FURTHER LIMITATIONS ON USE - RESERVED AREAS
(a) Maintain the security and confidentiality of the Reserved Area Materials using at least the same standards you use to maintain the confidentiality of your own proprietary information and trade secrets, but in no case less than reasonable standards;
(b) Notify TYLER’S TREES immediately upon discovery or suspicion of compromise of the confidentiality of the any Reserved Area Materials or any use of the Reserved Areas Materials in violation of this Agreement; and
(c) Not disclose the Reserved Area Materials or any information contained therein to any third parties, including without limitation, any employees or other agents, except as specifically authorized by TYLER’S TREES in writing.
If you believe that any third party has violated these Terms or infringed any of TYLER’S TREES rights in the Website or the materials contained on the Website, including the Reserved Area Materials, please follow the instructions below to contact our designated agent.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Users may post or communicate reviews, comments, and other content; send communications; and submit suggestions, ideas, comments, questions, or other information on or through the Website (collectively, the "Submission"). You agree not to post e-mails or submit to or publish through the Website or otherwise make available on the Website any content (including any Submission), or act in a way, which in our opinion:
(a) is illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, pornographic, racist, abusive, harassing, threatening, offensive, stalking, or otherwise injurious to the legal rights (such as rights of privacy and publicity) of third parties or objectionable;
(b) includes programs which contain or consist of software viruses, worms and/or "Trojan horses" or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications;
(c) amounts to political campaigning, commercial solicitation, "pyramid" or similar scheme; surveys, chain letters, junk email, mass mailings, or any form of "spam" (commercial or otherwise);
(d) seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
(e) infringes any intellectual property or other right of any entity or person, including violating anyone's copyrights or trademarks or their rights of publicity;
(f) violates any law or the Terms, or may be considered to violate any law or the Terms;
(g) transmits confidential or proprietary information under any contractual or other relationship (e.g., inside information, proprietary or confidential information received in the context of an employment or a non-disclosure agreement) or otherwise contains unsolicited proprietary ideas;
(h) advocates or promotes illegal activity;
(i) impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;
(j) advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as specifically authorized on the Website;
(k) solicits funds, advertisers or sponsors;
(l) involves spoofing or otherwise impersonating any person or entity, including, without limitation, any other users or any of TYLER’S TREES’ personnel, or falsely stating or otherwise misrepresenting your identity or affiliation in any way, forging any TCP/IP packet header or any part of the header information in any e-mail or other posting, using a false e-mail address, or impersonating any person or entity;
(m) disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via the Website;
(n) copies any other pages or images on the Website except with appropriate authority;
(o) includes MP3, audio, or other media format files;
(p) amounts to "data warehousing" (i.e., using any web space made available to you as storage for large files which are only linked from other sites;
(q) disobeys any policy or regulations established from time to time regarding use of the Website or any networks connected to the Website; or
(r) contains links to other sites that contain the kind of content, which falls within the descriptions set out at in (a) to (q) above.
TYLER’S TREES reserves the right (but not the obligation) to review, remove or edit such content or any Submission which TYLER’S TREES in its sole discretion considers illegal, offensive, in violation of a third-party right or otherwise in violation of these Terms. Notwithstanding the foregoing, nothing contained herein shall be construed as the right of a party to review TYLER’S TREES’ products in a legal and nonoffensive manner. However, you acknowledge and agree that we do not regularly review posted Submissions or other content and that we are not under any obligation to control or monitor any Submissions published by you or any other Website users. TYLER’S TREES takes no responsibility and assumes no liability for the content of any Submission made or posted by you or any third party. TYLER’S TREES reserves the right to terminate your access to any or all of the Website and the ability to post or communicate a Submission at any time, without notice, for a violation of these Terms. TYLER’S TREES also reserves the right at all times to disclose any information as TYLER’S TREES deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in TYLER’S TREES’ sole discretion. Always use caution when giving out any personally identifiable information in any Submission. TYLER’S TREES does not control or endorse the content, messages or information found in any Submission and, therefore, TYLER’S TREES is not liable or responsible with regards to the content of any Submissions.
If you do post or make a Submission, you hereby grant to TYLER’S TREES a limited, non-exclusive, sub-licensable, worldwide, fully-paid, royalty free license to use your Submission (including, without limitation, to modify, publicly perform, publicly display, reproduce, and distribute such Submission) solely to display on the Website in connection with the product or service subject to the review without the requirement to make payment to you or to any third party or the need to seek any third party permission. TYLER’S TREES will not be required to treat any Submissions as confidential and will not be liable for any ideas for its business (including without limitation, product or advertising ideas) and will not incur any liability as a result of any similarities that may appear in future TYLER’S TREES operations. You hereby grant TYLER’S TREES and agents, servants and employees the right to use the name that you submit in connection with such Submission for its display on the Website in connection with the Submission. You represent and warrant that you own or otherwise control all of the rights to the Submission.
EMAIL AND OTHER COMMUNICATIONS AND SIGNATURES
In connection with your use of the Website, you consent to TYLER’S TREES recording any communication, electronic or otherwise, between you and TYLER’S TREES and retaining any Submission you make while using the Website. Please do not send any time-sensitive Submission or other communications by e-mail to TYLER’S TREES as we cannot be responsible for responding to any such communications.
Further, visiting the Website, sending us emails, and completing online forms, or signing up for promotional programs on-line or via a mobile device all constitute electronic communications between you and TYLER’S TREES. By engaging in these activities, you consent to receive such electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email, text message and on the Website, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE WEBSITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
CONSENT TO TELEPHONE COMMUNICATIONS AND RECORDINGS
Recording of Communications. You acknowledge and agree that all communications between you and TYLER’S TREES may be recorded or monitored for quality assurance or other purposes subject to applicable law.
Consent to Telephone Communications. By providing us a telephone number, you agree to these Terms and consent to receive telephone communications from us, including via automated telephone dialing systems or pre-recorded messages, and even if your number is on a national, state, or local do-not-call list. For marketing communications, consent is not required for purchase. If you register for our text messaging program, you can expect to receive up to 6 autodialed text messages per month. You further agree that, for any number you provide to us, you are the subscriber or regular user of such number or have authority to do so from the subscriber or regular user of such number.
Opting Out of Non-Marketing Communications. To discontinue receiving non-marketing communications via text, respond “STOP” via text message to the number you received a text from. If you successfully opt out, you will be sent a confirmation message. If you have followed this procedure and do not receive a confirmation message, email email@example.com to complete the opt-out procedure. You agree the foregoing are the exclusive ways to opt out of non-marketing telephone communications from us, and that we may resume communications if the number is re-provided to us after your opt-out. Also, these opt out procedures will only opt you out of non-marketing telephone communications from an automated telephone dialing system or that use a pre-recorded message.
Opting Out of Marketing Communications. To discontinue receiving marketing communications via text, text “STOP” to the number you received a text from. If you successfully opt out, you will be sent a confirmation message. If you have followed this procedure and do not receive a confirmation message, email firstname.lastname@example.org to complete the opt-out procedure. To discontinue other types of telephone marketing communications from us, please request to be placed on our do-not-call list. You agree the foregoing are the exclusive ways to opt out of marketing telephone communications from us.
STANDARD MESSAGE AND DATA RATES APPLY TO OUR TEXT COMMUNICATIONS. NOT ALL CARRIERS COVERED.
You agree to indemnify and hold harmless TYLER’S TREES, its affiliates and subsidiaries, and all of their respective managers, members, directors, officers, agents, employees, suppliers, vendors, and service providers from any claims, judgments, liability, and expenses, including reasonable attorneys fees, arising out of claims for copyright infringement, defamation, invasion of privacy, or infringement of rights of publicity, that are made by any third party relating to your breach of these Terms or your use, authorized or unauthorized, of the Website. This provision does not apply to personal injury, and only indemnifies for the specific situations stated.
DISCLAIMER OF WARRANTIES
THE WEBSITE, THE INFORMATION AND MATERIALS CONTAINED ARE PROVIDED BY TYLER’S TREES ON AN "AS IS" AND "AS AVAILABLE" BASIS. TYLER’S TREES MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE INFORMATION, CONTENT OR MATERIALS, INCLUDED OR MADE AVAILABLE ON OR THROUGH THE WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, TYLER’S TREES DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, ON THE WEBSITE, AND ON THE INFORMATION AND MATERIALS PROVIDED ON OR OFFERED FOR SALE ON THE WEBSITE INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS. TYLER’S TREES DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE, ITS SERVERS, OR E-MAIL SENT FROM TYLER’S TREES; ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THAT THE FUNCTIONS CONTAINED IN THE WEBSITE OR MATERIALS MADE AVAILABLE THROUGH THE WEBSITE WILL BE ERROR-FREE OR UNINTERRUPTED; OR THAT DEFECTS WILL BE CORRECTED. TYLER’S TREES DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION ON THE WEBSITE IS ACCURATE, COMPLETE, CORRECT, ADEQUATE, USEFUL, TIMELY, RELIABLE OR OTHERWISE. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. TYLER’S TREES MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE WEBSITE AT ANY TIME, WITHOUT PRIOR NOTICE.
LIMITATION OF LIABILITY
TYLER’S TREES, ITS AFFILIATES AND SUBSIDIARIES, AND ANY OF THEIR RESPECTIVE MANAGERS, SHAREHOLDERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, VENDORS, AND/OR SUPPLIERS WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY ECONOMIC DAMAGES ARISING FROM THE USE OR PERFORMANCE OF THE WEBSITE OR THE DELAY OR INABILITY TO USE THE WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, AND CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, LOSS OF DATA, LOSS OF GOODWILL, LOSS OF PROFITS, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION. TO BE CLEAR, THIS LIMITATION EXPRESSLY APPLIES ONLY TO ECONOMIC DAMAGES ARISING FROM THE USE OF THE WEBSITE, AND DOES NOT APPLY TO PERSONAL INJURY. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES; AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND THE FOREGOING PARAGRAPH SHALL NOT APPLY TO A RESIDENT OF NEW JERSEY TO THE EXTENT DAMAGES TO SUCH NEW JERSEY RESIDENT ARE THE RESULT OF TYLER’S TREES’ NEGLIGENT, FRAUDULENT, OR RECKLESS ACT(S), OR INTENTIONAL MISCONDUCT
TYLER’S TREES reserves the right, in its sole discretion, to terminate or suspend any password, account, access, or ability to use the Website at any time without notice. Upon such termination, all rights granted to you under this Agreement will cease immediately, and you agree that you will immediately (a) discontinue use of the applicable Website and (b) discontinue use of and destroy or return to TYLER’S TREES any TYLER’S TREES materials, including the Reserved Area Materials (unless otherwise agreed to in writing by TYLER’S TREES).
TYLER’S TREES may seek to gather information from the user of the Website who is suspected of violating this Agreement, and from any other user of the Website. TYLER’S TREES may suspend access or use by any users whose conduct or postings are under investigation and may remove such material from its servers as it deems appropriate, without notice. If TYLER’S TREES believes, in its sole discretion, that a violation of this Agreement has occurred, it may edit or modify any submission, posting or e-mails, remove the material permanently, cancel postings, warn users, suspend users and Passwords, terminate accounts or take other corrective action it deems appropriate. TYLER’S TREES will fully cooperate with any law enforcement authorities or court order requesting or directing TYLER’S TREES to disclose the identity of anyone posting any e-mails, or publishing or otherwise making available any materials that are believed to violate this Agreement.
YOU WAIVE AND HOLD HARMLESS TYLER’S TREES FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY TYLER’S TREES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER TYLER’S TREES OR LAW ENFORCEMENT AUTHORITIES.
AGENT FOR NOTICE OF CLAIMED COPYRIGHT INFRINGEMENT
TYLER’S TREES respects the intellectual property rights of authors. To assist copyright owners, TYLER’S TREES has appointed an agent to receive notifications of claims or allegations of copyright infringement regarding materials available or accessible on, through, or in connection with a Website. Any person authorized to act for a copyright owner may notify us of such claims by contacting us in writing at the following address: email@example.com, Attn: Copyright Agent
Under Title 17, United States Code, Section 512(c)(3)(A), your notice of a claimed copyright infringement to our Designated Agent must be in the form of a written communication that includes the following information:
(a) Your address, telephone number and e-mail address;
(b) Identification of the copyrighted work (or works) that you claim has been infringed;
(c) A description of the material that you claim is infringing the copyrighted work;
(d) A clear description of where the infringing material is located on the Website, including its URL, so that TYLER’S TREES can locate the material;
(e) A statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;
(f) 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; and
(g) An electronic or physical signature of the owner or of the person authorized to act on behalf of the owner of the copyright interest.
We may assign our rights and obligations under this Agreement, without notice, to (i) any affiliate of TYLER’S TREES, or (ii) any party or its affiliate acquiring all or substantially all of the assets or stock by merger or otherwise of TYLER’S TREES or any affiliate of TYLER’S TREES. This Agreement may not be assigned by you without our prior written consent.
In the unlikely event that a problem occurs with respect to your use of the Site and these Terms, TYLER’S TREES would like to address your concerns without requiring a formal legal case or proceeding. Before filing a claim against TYLER’S TREES, we ask that you try to resolve the dispute informally by contacting our Customer Service department. We will attempt to resolve the dispute informally by contacting you via email.
AGREEMENT TO ARBITRATE DISPUTES
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS.
Claims Subject to Arbitration. Except as noted below, you and TYLER’S TREES agree to resolve any controversy with or involving TYLER’S TREES, including those arising out of TYLER’S TREES’ business, services, products, marketing programs, interactions between you and TYLER’S TREES, or the Terms, through final and binding arbitration. Your agreement to arbitrate such controversies is retroactive in effect and applies to all controversies regardless of whether they accrued before or after these Terms went into effect. Consistent with your agreement to resolve all controversies via arbitration, the arbitrator shall have exclusive authority to resolve all issues of arbitrability, including but not limited to issues of scope and enforceability.
Claims Excluded from Arbitration. The following claims are excluded from arbitration:
- Any disputes related to TYLER’S TREES’ intellectual property rights (for example, trademark, trade secret, copyright, or patent rights).
- Claims within the jurisdiction of the applicable small claims court.
- Any claims that applicable law requires to be excluded.
About Arbitration. Arbitration is more informal than a lawsuit in court and seeks to resolve disputes more quickly. Instead of a judge or a jury, the case will be decided by a neutral arbitrator who has the power to award the same damages and relief that a court can. Arbitrator’s decisions are generally subject to much more limited review than a court decision.
Applicable Rules. To the extent the Terms memorialize a transaction in interstate commerce, the Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions. Any arbitration with us will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (“Consumer Rules”) of the American Arbitration Association (collectively the “AAA Rules”), as modified by the Terms, which govern in the event of a conflict. The rules and fee information are available at www.adr.org or by calling 1-800-778-7879. If your claim exceeds $150,000, the arbitration will be conducted by a panel of three arbitrators, unless all parties agree otherwise.
Costs of Arbitration. If the Consumer Rules apply, we will bear the cost of any filing fees and arbitrator’s fees for claims up to $75,000. You are responsible for all other additional costs, including expert witness fees and attorney’s fees, unless applicable law requires otherwise. For any claims exceeding $75,000 or non-consumer claims, you will be responsible for paying administrative costs and fees as provided in the applicable arbitration rules.
Location of Arbitration and Applicable Law. Arbitration under these Terms and Conditions shall be held in New York, New York, or any other location we mutually agree to, subject to New York law. If the agreement to arbitrate is found not to apply to you or your claim, you agree to the exclusive jurisdiction of the Supreme Court of the State of New York, County of New York, to resolve your claim.
No Class, Collective, or Joint Actions. Absent our written consent, you may only resolve disputes with us on an individual basis and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, collective actions, class actions, private attorney general actions, and consolidated proceedings of any kind are not permitted.
Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, EVEN FOR DISPUTES NOT SUBJECT TO ARBITRATION.
Arbitrator’s Decision. All awards shall be reasoned awards and the arbitrator’s findings, reasoning, decision, and award shall be set forth in writing and shall be based upon and be consistent with the law of the jurisdiction that applies to the claims. Judgment on the arbitration award may be entered in any court having jurisdiction. In the event that the arbitration results in an award which imposes an injunction on you or on us or contains a monetary award in excess of $250,000, the award shall be reviewable on appeal initiated within 30 days of the award, and shall not be considered final until after the time for filing the notice of the appeal has expired. The appeal shall be governed by the AAA Optional Appellate Arbitration Rules; to the extent they are not inconsistent with this Agreement, and shall be conducted by a panel of three new arbitrators selected to hear the appeal under the procedure for appointment from the national roster, except that the AAA shall not unilaterally appoint the arbitrators for the appeal, unless you and we so agree. Appeals must be initiated within thirty (30) days of receipt of the underlying award, by filing a Notice of Appeal with any AAA office. The decision of the panel shall be by majority vote. Such review shall reconsider anew any aspect of the initial award requested by the appealing party. Following the appeal process, the decision rendered by the appeal tribunal may be entered in any court having jurisdiction thereof. if the award does not impose an injunction on you or on us or contain a money award in excess of $250,000, then the award shall not be appealable and shall only be subject to such challenges as would otherwise be permissible under the FAA.
Alternative Arbitrator Selection. Should the AAA be unavailable, unable or unwilling to accept and administer the arbitration of any claim under this agreement to arbitrate as written – in whole or in part and for any reason whatsoever or for no reason – this agreement to arbitrate shall not fail or be invalidated as a result. Rather, in that instance, the parties shall agree on a substitute arbitration organization, such as JAMS, that will enforce this agreement as written. If the parties are unable to agree, the parties shall mutually petition a court of appropriate jurisdiction to appoint an arbitration organization or arbitrator(s) that will enforce this agreement to arbitrate as written. Should the court decline or refuse, then and only then and within thirty (30) days of a final and non-appealable decision on the matter from such court, you and we shall each respectively pick one arbitrator, and those two arbitrators shall then, by mutual agreement and within 30 days of the selection of the second of them, select a third arbitrator. The third arbitrator so selected shall then arbitrate the Claim as the sole arbitrator, except with respect to a Claim for $150,000 or greater, in which case all three arbitrators so selected shall arbitrate the claim together, with the award and all pre-award decisions made by majority vote. In the case of any arbitration not administered by the AAA, the arbitrator(s) shall still be bound by all applicable provisions of this agreement to arbitrate and the Federal Arbitration Act. They further shall administer and conduct the arbitration under the applicable AAA Arbitration Rules, to the extent such rules may be practicably applied to an arbitration not administered by the AAA.
Severability. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced, except that if the “NO CLASS ACTIONS” provision is found unenforceable, this entire agreement to arbitrate shall be null and void (though the jury trial waiver will remain in full force and effect).
Survival. This arbitration provision survives the termination of the Terms and your relationship with us.
GOVERNING LAW AND JURISDICTION
The Website (excluding linked web sites) is controlled by TYLER’S TREES from its offices within United States. TYLER’S TREES makes no representations or warranties that the information, products or services contained on the Website are appropriate for use or access in locations other than the United States.
If you are using or accessing the Website from locations other than in the U.S., you are responsible for compliance with New York and United States laws, as well as local laws in countries from which you are accessing the Website, if and to the extent applicable.
In any circumstances where the Arbitration Agreement permits the parties to litigate in court, this Agreement shall be governed by and construed in accordance with the laws of the State of New York, excluding its conflict of law rules. You expressly consent and agree to submit to the exclusive jurisdiction and venue in New York, in each case located in the Supreme Court of the State of New York, County of New York, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms in your country of residence or any other relevant country.
CORONAVIRUS / COVID-19:
By purchasing services you hereby acknowledge the contagious nature of the Coronavirus/COVID-19 and that the CDC and many other public health authorities still recommend practicing social distancing.
You further acknowledge that TYLER’S TREES has put in place preventative measures to reduce the spread of the Coronavirus/COVID-19.
You further acknowledge that TYLER’S TREES cannot guarantee that you will not become infected with the Coronavirus/Covid-19. You understand that the risk of becoming exposed to and/or infected by the Coronavirus/COVID-19 may result from the actions, omissions, or negligence of TYLER’S TREES and/or others, including, but not limited to TYLER’S TREES and any third party providers affiliated with TYLER’S TREES.
You voluntarily seek services provided by TYLER’S TREES and acknowledge that you are increasing your risk to exposure to the Coronavirus/COVID-19 by purchasing goods and services from TYLER’S TREES.
You acknowledge that You must comply with all set procedures to reduce the spread during your Service appointment(s). .
You further attest that:
* You are not experiencing any symptoms of illness such as cough, shortness of breath or difficulty breathing, fever, chills, repeated shaking with chills, muscle pain, headache, sore throat, or new loss of taste or smell.
* You have not traveled internationally within the last 14 days.
* You have not traveled to a highly impacted area within the United States of America in the last 14 days.
* You do not believe you have been exposed to someone with a suspected and/or confirmed case of the Coronavirus/COVID-19.
*You have not been diagnosed with Coronavirus/Covid-19 and not yet cleared as non contagious by state or local public health authorities.
* You are following all CDC recommended guidelines as much as possible and limiting your exposure to the Coronavirus/COVID-19.
You hereby release and agree to hold TYLER’S TREES harmless from, and waive on behalf of yourself, your heirs, and any personal representatives any and all causes of action, claims, demands, damages, costs, expenses and compensation for damage or loss to yourself and/or property that may be caused by any act, or failure to act of TYLER’S TREES, or that may otherwise arise in any way in connection with any services received from TYLER’S TREES. You understand that this release discharges TYLER’S TREES, its agents, servants, employees, parents, affiliates, subsidiaries, directors, owners and principals, and all of their heirs, successors and assigns, from any and all liability or claim that you, your heirs, or any personal representatives may have against the TYLER’S TREES with respect to any bodily injury, illness, death, medical treatment, or property damage that may arise from, or in connection to, any services received from TYLER’S TREES. This liability waiver and release extends to TYLER’S TREES, all owners, employees, and third party providers.
Effective Date: October 2020