Friendly and approachable garden design services using Midwest native plants, mixed with tried and true favorites.
Terms and Conditions
Effective as of 10/18/18
1.Acceptance of terms and conditions
Welcome to Favor Native LLC, (a.k.a. "we" or "us" or the "Company"). We are happy to have you as a website visitor and customer. The following terms and conditions (collectively, these "Terms of Service") apply to your use of Favor Native LLC, including any content, functionality and services offered on or via Favor Native LLC, (the "Website"). The Terms of Service also include our Privacy Policy. We want to keep our relationship with you as lean and informal as possible, but please read the Terms of Service carefully before you start using Favor Native LLC, because by using the Website, you accept and agree to be bound and abide by these Terms of Service.
Should you disagree with any of the provisions herein, you must leave the Website, but please let us know at laura(at)favornative(dot)com. We would be happy to hear your comments and suggestions.
2. Changes to the Terms of Service and the Website
Favor Native LLC, reserves the right to update the Website and these Terms of Service at our discretion and without notice. Nevertheless, this document is public on Favor Native LLC, and you will be able to track the changes for any new version. Your continued use of the Website following the publishing of updated Terms of Service means that you accept and agree to the changes.
3. Accessing the Website, Security, and Privacy
We cannot guarantee that the Website will be available at all times. We also reserve the right to suspend or restrict access to some services or pages to users. In any case, we will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period, nor for any data loss.
It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete. In the future, you may be asked to provide other information. We cannot guarantee that all use will be secure. We also do not guarantee that the Website or any content provided on the Website is error-free. We manage your personal data according to our Privacy Policy.
4. ReturN,Revision + Cancellation policy, Prices + Purchase of Favor Native LLC Services
Favor Native LLC, may change the price for our services. In respect of a Favor Native LLC, Paid Service, such changed price will take effect after the completion of any in-process service projects. The price we agreed upon prior to starting work will not change during that work.
If you are paying by credit or debit card, by designating a card to be billed, you confirm that you are authorized to make such purchase and that you are the holder of such card (i.e. that the card is issued in your name).
Tailored Design services: Your non-refundable down payment will be applied toward the final cost of your service.
Tailored Design revisions: If you, the customer, requests updates, additions, deletions, or subsequent changes in any way of the original design and/or scope of work these will be charged at a standard rate of $50/hr. This quantity will be determined and agreed upon prior to beginning the revision work. Revisions will be placed into the current queue of design projects and delivery date communicated at the time of the revision agreement. No guarantees can be made to expedite these revisions; instead, the designer will work on a best-effort basis to complete them.
Coaching Sessions: In the event you are unable to complete a Coaching session after purchasing it, you will be refunded your payment minus a 20% cancellation fee.
Pre-planned Garden Designs: Due to the electronic nature no refunds or returns will be issued.
Expiration and Cancellation Notice - Unscheduled/uncompleted Coaching Session and Tailored Design services purchased by the customer will be cancelled after six (6) months and one attempt by Favor Native to contact customer for scheduling. No refund will be issued as the customer has forfeited the spot that was held open for them in Favor Native’s queue of projects.
5. Disclaimer of Warranties, Limitations of Liability and Indemnification
Your use of Favor Native LLC, is at your sole risk. The service is provided "as is" and "as available". We disclaim all warranties of any kind, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. While we are confident in our services, we cannot guarantee success of all plants or any other components of our designs. No advice or information, whether oral or written, obtained by you from Favor Native LLC, or in the course of using our service shall create any warranty not expressly made herein. We are not liable for damages, direct or consequential, resulting from your use of the Company services, and you agree to defend, indemnify and hold us harmless from any claims, losses, liability costs and expenses (including but not limited to attorney's fees) arising from your violation of any third-party's rights.
Because the Website is not error or bug free, you agree that any material and/or data downloaded or otherwise obtained through the Company service or Website is done at your own risk. You are solely responsible for any damage to your computer system or loss of data that results in the downloading of any files regarding the editing service or any external links available on the Website.
6. third party disclaimer
Our website may include hyperlinks to, and details of, third party websites. Third party websites are not financially affiliated with Favor Native LLC and use of their services is at your own risk and discretion. We do not represent or guarantee the completeness, truthfulness, accuracy, or reliability of any third party websites, nor do we endorse any opinions expressed via those websites. All content on third party websites is the sole responsibility of the owners of those websites. We may not monitor or control the content or information posted on those third party websites, and we cannot take responsibility for such content or information.
7.Service Disclaimer and Client Responsibility
All designs, recommendations, and any input from Favor Native LLC, for designs on your property are suggestions only. It is the responsibility of the client to evaluate the accuracy, validity, and value of all input from Favor Native LLC, and any services rendered. Final sign-off responsibility lies solely with the client, and Favor Native LLC, is not responsible for any loss, financial or otherwise, resulting from errors in the designs and information we provide.
You also agree to adhere to all property lines and utility lines, and to utilize the Indiana 811/Call Before You Dig line prior to implementing designs or any other information and advice stemming from our services.
Favor Native LLC provide delivery time estimates at the outset of each project; any turnaround times undertaken refer to traditional business days (Monday through Friday), excluding Saturday and Sunday, and U.S. holidays unless otherwise agreed upon between Favor Native LLC, and the client. Favor Native LLC, observes the following holidays: New Year's Day (Jan. 1), Good Friday, Memorial Day (May 30), Independence Day (July 4), Thanksgiving & the day after Thanksgiving, Christmas Eve (Dec. 24), Christmas Day (Dec. 25), and New Year's Eve (Dec. 31). The period indicated in the turnaround time begins when the customer confirms their agreement with the terms of the project, all materials and measurements of the property have been provided, and either down payment or full payment has been submitted. The price refers to a single service event.
You further grant Favor Native LLC the right to include the project street address on a “references” list which may be given to prospective customers. Favor Native LLC and its advertising/marketing representatives retain the right to photograph the work they have performed for the purpose of their website and/or company marketing materials, without remuneration or reimbursement to you.
10. Copyright infringement and takedown
If you are a copyright holder who believes that any of the products, services or content which are directly available via the Favor Native LLC, Websites are infringing copies of your work, please let us know. Pursuant to The Digital Millennium Copyright Act, 17 United States Code 512(c)(3), a notice of alleged copyright infringement should be sent to Favor Native LLC's designated copyright agent at the following address: Favor Native LLC, Attn: Legal Department, Copyright Agent, 1076 Liberty Drive, Indianapolis, IN, 46234. A notification of claimed copyright infringement must be addressed to Favor Native LLC's copyright agent listed above and include the following: A physical or electronic signature of the owner (or person authorized to act on behalf of the owner) of the copyright that is allegedly infringed; Specific identification of each copyrighted work claimed to have been infringed; A description of where the material believed to be infringed is located on the Favor Native LLC, Websites (please be as detailed as possible and provide a URL to help us locate the material you are reporting); Contact information for the complaining party, such as a complete name, address, telephone number, and email address; A statement that the complaining party has a good faith belief that use of the work(s) in the manner complained of is not authorized by the copyright owner, its agent, or the law; and A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
11. Technology limitations and modifications
Favor Native LLC, will make reasonable efforts to keep the Favor Native LLC, Service operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. Favor Native LLC, reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, functions and features of the Favor Native LLC, Service with or without notice.
12. entire agreement
Favor Native LLC, may assign this Agreement or any part of it without restrictions. You may not assign this Agreement or any part of it to any third party.
This Agreement together with the Favor Native LLC, Privacy Policy, (the Agreements) constitutes all the terms and conditions agreed upon between you and Favor Native LLC, and supersede any prior agreements in relation to the subject matter of these Agreements, whether written or oral. Any additional or different terms or conditions in connection with the subject matter of these Agreements in any written or oral communication from you to Favor Native LLC, are void. You agree and accept that you have not accepted the terms and conditions of this Agreement in reliance of or to any oral or written representations made by Favor Native LLC, not contained in this Agreement.
13. Severability
Should for any reason or to any extent any provision of this Agreement be held invalid or unenforceable, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of this Agreement and the application of that provision shall be enforced to the extent permitted by law.
14. Mandatory arbitration; exceptions to mandatory arbitration, waiver of class action rights; limitations period; venue and choice of law
You and Favor Native LLC, agree that any dispute, claim or controversy arising out of or relating in any way to the Favor Native LLC, Service or your use thereof, including our Agreement, shall first attempted to be resolved privately for a 90-day period. After this 90-day period, any dispute, claim or controversy shall be determined by mandatory binding arbitration. You agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Favor Native LLC, are each waiving the right to a trial by jury and the right to participate in a class or multi-party action. This arbitration provision shall survive termination of this Agreement. The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes of the American Arbitration Association (the "AAA Rules"), as modified by this Agreement, and as administered by the AAA. ii. You and Favor Native LLC, agree that (a) any claims seeking to enforce, protect, or determine the validity or ownership of any intellectual property rights, and (b) any claims related to allegations of theft, piracy or unauthorized use of the Favor Native LLC, Service are NOT subject to mandatory arbitration. Instead, you and Favor Native LLC, agree that the preceding claims (including but not limited to claims for injunctive or equitable relief) shall be exclusively decided by Courts of competent jurisdiction in Indiana and that applicable Indiana and/or Federal law shall govern, without regarding to choice of law principals. iii. YOU AND FAVOR NATIVE LLC, AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A CLASS MEMBER OR IN ANY REPRESENTATIVE CAPACITY OR PROCEEDING. Further, the arbitrator shall not consolidate any other person's claims with your claims, and may not otherwise preside over any form of a multi-party or class proceeding. If this particular provision is found to be unenforceable in any way, then the entirety of this arbitration section shall be null and void. The arbitrator may not award declaratory or injunctive relief. iv. Any arbitration must be commenced by filing a demand for arbitration with the AAA within ONE (1) YEAR after the date the party asserting the claim first knows or reasonably should know of the act, omission or default giving rise to the claim; and there shall be no right to any remedy for any claim not asserted within that time period. If applicable law prohibits a one-year limitations period for asserting claims, any claim must be asserted within the shortest time period permitted by applicable law. Your arbitration fees and your share of arbitrator compensation will be limited to those fees set forth in the AAA's Consumer Rules with the remainder paid by Favor Native LLC. Any arbitration costs or fees deemed "excessive" will be paid by Favor Native LLC. v. You and Favor Native LLC, agree that this Agreement involves interstate commerce and is subject to the Federal Arbitration Act. You and Favor Native LLC, further agree that applicable laws of the State of Indiana shall exclusively govern any dispute without regard to choice or conflicts of law rules. The sole and exclusive venue for the resolution of any dispute, whether or not subject to mandatory arbitration as described above, shall lie in Indianapolis, Indiana.
15. English version prevails
In the event that this Agreement is translated into other languages and there is a discrepancy between the two language versions, the English language version shall prevail to the extent that such discrepancy is the result of an error in translation. Copyright © 2017 Favor Native LLC, and its affiliates. All rights reserved.
Favor Native LLC
1076 Liberty Drive
Indianapolis, Indiana, 46234
USA
This document was created using a template from Docracy.com (https://www.docracy.com/5890/terms-of-service-for-a-website-and-web-based-service).