Terms & Conditions
PLEASE READ THIS AGREEMENT CAREFULLY
Thank you for visiting ShrubHub.com ("ShrubHub"). This agreement (this “Agreement” or these “Terms and Conditions”) governs your use of this website ("Site", and together with the services, features and content provided through the Site, the “Service”). If you are not satisfied with the terms contained in this Agreement, you may simply refrain from using this Site or the Service.
SHRUBHUB WEBSITE TERMS AND CONDITIONS
The following terminology applies to these Terms and Conditions: "We", "us" and "our" refer to ShrubHub. “User”, “you” and “your” refers to you, the user, or site visitor. “Designer” refers to designer users of ShrubHub. “Terms” refers to these Terms and Conditions. “Content” refers to the text, abstracts, metadata, software, scripts, graphics, logos, files, images, photos, sounds, music, videos, interactive features, information, documents and the like.
By your continued use of the Site, you are deemed to have read and accepted the following Terms and agree to comply with and be bound by all applicable laws and regulations, including United States export and re-export control laws and regulations.
It is your responsibility to review these Terms periodically. We may revise these Terms at any time without notice to you. If you have any questions about these Terms, please contact us at firstname.lastname@example.org. If at any time you find these Terms unacceptable or if you do not agree to these Terms, please do not use this Site.
PLEASE NOTE: THESE TERMS IN THE “DISPUTE RESOLUTION” SECTION CONTAINS AN ARBITRATION CLAUSE THAT REQUIRES DISPUTES TO BE ARBITRATED ON AN INDIVIDUAL BASIS, AND PROHIBITS CLASS ACTION CLAIMS. IT AFFECTS HOW DISPUTES BETWEEN YOU AND SHRUBHUB ARE RESOLVED. BY ACCEPTING THESE TERMS, YOU AGREE TO BE BOUND BY THIS ARBITRATION PROVISION. PLEASE READ IT CAREFULLY.
YOU AGREE THAT BY USING THE SITE AND REGISTERING FOR THE SERVICE YOU ARE AT LEAST 18 YEARS OF AGE, OR VISITING THE SITE UNDER THE SUPERVISION OF A PARENT OR GUARDIAN, AND YOU ARE LEGALLY ABLE TO ENTER INTO A CONTRACT.
1. DESIGN SERVICES
The Site is a communications platform for enabling connections between Users and Designers. Those certain design services requested by Users, which are to be completed by Designers, are hereinafter referred to as “Design Services.” ShrubHub does not take part in the interaction between Users and Designers. ShrubHub does not have control over the quality, timing, legality, failure to provide, or any other aspect whatsoever of any work provided by Designers, nor of the integrity, responsibility or any of the actions or omissions whatsoever of any Users or Designers. ShrubHub makes no representations about the suitability, reliability, timeliness, or accuracy of the Design Services requested and provided by Designers identified through the Site whether in public, private, or offline interactions. Users contract for Design Services directly with Designers. ShrubHub will not be a party to any contracts for Design Services. ShrubHub facilitates contracts by supplying a medium for the exchange of money.
ShrubHub cannot confirm that each Designer is who they claim to be. ShrubHub does not assume any responsibility for the accuracy or reliability of this information or any information provided through the Site. When interacting with Designers, you should exercise caution and common sense to protect your personal safety and property, just as you would when interacting with other persons whom you don’t know. NEITHER SHRUBHUB NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SITE OR ANY DESIGNER. SHRUBHUB AND ITS AFFILIATES AND LICENSORS WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH YOUR USE OF THE SITE OR THE DESIGN SERVICES.
RELEASE FOR THE DESIGN SERVICES
The Site is only a venue for connecting Users and Designers. Because ShrubHub is not involved in the actual contact between Users and Designers or in the completion of the Design Services, in the event that you have a dispute with one or more Users or Designers, you release ShrubHub (and our officers, directors, agents, investors, subsidiaries, and employees) from any and all claims, demands, or damages (actual or consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
ShrubHub expressly disclaims any liability that may arise between Users of its Site, including Designers.
2. SERVICE PACKAGES PRICING
ShrubHub prices, including prices for its Service Packages, are merely estimated amounts. ShrubHub prices become finalized amounts when (1) ShrubHub confirms the actual size and scope of the project and (2) ShrubHub and its client both agree on the actual amount for the project.
3. SHRUBHUB SHOPPING LIST
Upon Vendor’s receipt of payment for a Product, ShrubHub has no further involvement in the consummation of a contract between Users and Vendors and hereby disclaims all liability or responsibility for any matter arising out of a transaction between Users and Vendors. All orders placed through the ShrubHub Shopping List are subject to and superseded by any Vendor terms and conditions governing shipment and receipt of Products.
4. USE OF THE SITE
Subject to the Terms, ShrubHub hereby grants you a limited, nonexclusive, revocable, non-transferable and non-sublicensable right to access, display, and view the Site and the Content for personal, non-commercial use. Any breach of this Agreement shall result in the immediate revocation of the license granted in this paragraph without notice to you.
User shall abide by all copyright notices, information, and restrictions contained in any Content accessed through this Site.
Except as permitted in the paragraph above, you may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit this Site or any portion of its Content unless expressly permitted by ShrubHub in writing. You may not make any commercial use of any of the information provided on the Site or make any use of the Site for the benefit of another business unless explicitly permitted by ShrubHub in advance and in writing. ShrubHub reserves the right to refuse service, terminate accounts, and/or cancel orders at its discretion, including, without limitation, if ShrubHub believes that your conduct violates applicable law or is harmful to ShrubHub's interests.
ShrubHub may assign you a password and account identification to enable you to access and use certain portions of this Site. Each time you use a password or identification, you will be deemed to be authorized to access and use the Site in a manner consistent with the Terms, and ShrubHub has no obligation to investigate the authorization or source of any such access or use of the Site.
YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THIS SITE BY ANYONE USING THE PASSWORD AND IDENTIFICATION ORIGINALLY ASSIGNED TO YOU WHETHER OR NOT SUCH ACCESS TO AND USE OF THIS SITE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING WITHOUT LIMITATION FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE.
You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify ShrubHub of any unauthorized use of your password or identification or any other breach or threatened breach of this Site's security.
5. MOBILE/WIRELESS POLICY
By providing your cell phone number and using the Service, you hereby affirmatively consent to our use of your cell phone number for calls and texts in order to perform and improve upon the Service. ShrubHub will not assess any charges for calls or texts, but standard message charges or other charges from your wireless carrier may apply. Please consult your mobile service carrier's pricing plan to determine the charges for browsing data and sending and receiving text messages. Under no circumstances will ShrubHub, or its service providers be responsible for any text messaging or wireless charges incurred by you or by a person that has access to your wireless device or telephone number as a result of a promotion. If your carrier does not permit text alerts, you may not receive ShrubHub text alerts. Pre-paid phones or calling plans may not be supported. You may receive a bounceback message for every message you send to us. We will not be liable for any delays in the receipt of any SMS messages, as delivery is subject to effective transmission from your network operator. SMS message services are provided on an “AS-IS” basis. Data obtained from you in connection with this SMS service may include your cell phone number, your provider's name, and the date, time, and content of your messages. We may use this information to contact you and to provide the Services you request from us. You may opt-out of receiving text messages from us by emailing email@example.com
6. USER SUBMISSIONS
The Site may permit the upload, submission, and distribution of texts, images, material, information, and communications by you and other Users (“User Submissions” or “User Generated Content”). You understand that whether or not such User Submissions are published, ShrubHub does not guarantee any confidentiality with respect to any such submissions.
By submitting the User Submission(s) to this Site, or displaying, publishing, or otherwise posting any content, including photographs, on or through the Site, you hereby grant ShrubHub a worldwide, non-exclusive, perpetual, royalty-free, fully paid, sublicenseable and transferable license to use, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Submission(s) in connection with the Site and ShrubHub’s (and its successors and assigns) business, including without limitation for promoting and redistributing part or all of the Site or Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Site a non-exclusive license to access the User Submission(s) through the Site, and to use, modify, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Site. For clarity, the foregoing license grant to ShrubHub does not affect your other ownership or license rights in your User Submission(s).
You shall not upload, submit, distribute, or otherwise publish through this Site any texts, images, communications, information, or other material that (a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under U.S. or international law; or (c) includes any bugs, viruses, worms, trap doors, Trojan horses or other harmful code or properties.
You shall not submit any “deep-link,” “page-scrape,” “robot,” “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process to access, acquire, copy, or monitor the Site or any portion of the Content.
You shall not (a) send or otherwise post unauthorized commercial communications (such as spam) on the Site or through the Service, (b) engage in unlawful multi-level marketing, such as a pyramid scheme, on the Site or through the Service; (c) solicit login information or User IDs or access an account belonging to someone else; (d) imply or state that any statements you make are endorsed by ShrubHub, without the prior written consent of ShrubHub, or (e) facilitate or encourage any violations of these Terms.
Content provided on this Site is solely for informational purposes. User Submissions or opinions expressed on this Site are that of the individual expressing such User Submission or opinion and may not reflect the opinions of ShrubHub. Product representations expressed on this Site are not made by ShrubHub.
You shall be responsible for your User Submissions and the consequences of posting or publishing them. You agree that ShrubHub has no liability with respect to any User Submissions, including, without limitation, your own User Submissions. You hereby release ShrubHub and its officers, directors, employees, agents, representatives and present and future affiliates, from any and all liability arising out of or relating to User Submissions or any part thereof.
ShrubHub reserves the right to decide whether a User Submission is inappropriate or violates this Agreement, including but not limited to copyright infringement, violations of intellectual property law, pornography, obscene or defamatory material, or excessive length. ShrubHub also reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages and User Submissions) by you, or to restrict, suspend or terminate your access to all or any part of the Site at any time, for any or no reason, with or without prior notice. Notwithstanding the foregoing, ShrubHub assumes no responsibility for monitoring the Site for inappropriate content, or modifying or removing such content from the Site.
8. NO SOLICITATION
The Service may not be used to solicit for any other business, website or service. You may not solicit, advertise for, or contact in any form Designers for employment, contracting, or any other purpose not related to the Service facilitated through ShrubHub, except as provided for in this Agreement.
You may not use the Service to collect usernames and/or email addresses of Users or Designers by electronic or other means without the express prior written consent of ShrubHub.
9. BILLING AND PAYMENT POLICY
For all purchases and payments, fees or expenses associated with the Service, unless User uses a Gift Card as described below, ShrubHub will charge User’s payment card according to the amount agreed upon between User and ShrubHub, and User hereby authorizes ShrubHub, or its third-party payment processors, to charge its payment card for such amounts. ShrubHub retains the right, in its sole discretion, to place a hold on any payment for the Service.
ShrubHub has no obligation to provide refunds or credits, but may grant them in extenuating circumstances, as a result of specific refund guarantee promotions, or to correct any errors made by ShrubHub, in each case in ShrubHub’s sole discretion.
Users may share relevant payment card information through the Site in order to make purchases through the Service. We use a third-party payment processor to manage and process payments you make through the Service. Additional payment terms may be set by the third-party payment processor. The actual payment will not be completed until a third-party payment processor processes a Users’ payment. Delay is possible. The third party payment processor shall store relevant payment information until directed to complete the transaction.
By using the Site, you expressly authorize (i) the third-party payment processor to collect your payment information and access your transactions on the payment processor platform; (ii) the payment processor to exchange and process merchant data and your data with the third-party payment processor; and (iii) the third-party payment processor to exchange and process merchant and your data worldwide, internally or through a third party service provider, in each case as necessary to enable us to provide the Design Services.
YOU MUST PROVIDE CURRENT, COMPLETE, AND ACCURATE INFORMATION FOR ALL ORDERS PLACED AND ALL PAYMENTS MADE THROUGH THE SERVICES. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR PAYMENT INFORMATION CURRENT, COMPLETE, AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE). If the third-party payment processor does not receive payment from you for a purchase you make through the Services, you agree to pay all amounts due by you upon demand.
10. NO PURCHASE COMMITMENT OF DESIGN SERVICES
As a User of ShrubHub, you may be able to choose from a customized selection of products and interiors that fits your look and style and meet with Designers. However, you are not obligated to purchase any of the Design Services offered under the Service or continue to purchase any additional Design Services, unless otherwise expressly agreed upon.
By submitting your email on our Site, you agree to receive emails, newsletters, special promotional offers and other communications from ShrubHub. If you do not wish to receive such communications, please let us know by clicking the unsubscribe link in the email.
User will be liable for all transaction taxes on the services provided under this Agreement (other than taxes based on ShrubHub’s income).
12. INTERNATIONAL ACCESS
This Site may be accessed from countries other than the United States. This Site may contain products or references to products that are not available outside of the United States. Any such references do not imply that such products will be made available outside the United States. If you access and use this Site outside the United States you are responsible for complying with your local laws and regulations.