Privacy Policy | Ayy Plant Studio

Terms of Service

Agreement between User and ayyplantstudio.com

Greetings and welcome to ayyplantstudio.com, a website operated by Ayy Plant Studio, consisting of multiple web pages. Your access and use of ayyplantstudio.com is subject to the Terms, conditions, and notices stated here, which you agree to accept without modification upon using the Site. We encourage you to carefully read and keep a copy of these Terms for your reference.

ayyplantstudio.com is an E-commerce Site that specializes in selling rare tropical plants and related supplies.

We take your privacy seriously, and your use of ayyplantstudio.com is subject to our Privacy Policy. Please review our Privacy Policy to understand our data collection practices and how we govern the Site.

By visiting ayyplantstudio.com or sending emails to Ayy Plant Studio, you consent to receive electronic communications. You acknowledge and agree that any agreements, notices, disclosures, and other communications we provide to you electronically, via email, and on the Site satisfy any legal requirements that such communications be in writing.

Regenerate response

Your Account

By using this site, you assume responsibility for maintaining the confidentiality of your account and password, as well as for limiting access to your computer. You agree to be held accountable for all activities that take place under your account or password. You are not allowed to assign or transfer your account to any other individual or entity. Please note that Ayy Plant Studio cannot be held liable for any unauthorized third-party access to your account that results from theft or other unlawful actions. Ayy Plant Studio and its affiliates retain the right to decline or terminate service, cancel accounts, or edit and remove content at their sole discretion.

Children Under Thirteen

Ayy Plant Studio does not knowingly collect personal information from individuals under the age of thirteen, whether online or offline. If you are under eighteen years old, you may only use ayyplantstudio.com with the permission of a parent or legal guardian.

Cancellation/Refund Policy

No refunds or exchanges are permitted.

Links to Third Party Sites/Third Party Services

ayyplantstudio.com may provide links to external websites (referred to as "Linked Sites"). Please note that Ayy Plant Studio has no control over the contents of any Linked Site, including any links or updates contained therein. Ayy Plant Studio provides these links solely for your convenience, and the inclusion of any link does not imply endorsement by Ayy Plant Studio of the site or any association with its operators.

Some services available on ayyplantstudio.com are provided by third-party sites and organizations. By using any product, service, or functionality on ayyplantstudio.com, you acknowledge and consent that Ayy Plant Studio may share your information and data with any third party that has a contractual relationship with Ayy Plant Studio to provide the requested service or functionality to ayyplantstudio.com users and customers.

No Unlawful or Prohibited Use/Intellectual Property

By using ayyplantstudio.com, you are granted a revocable license that is non-transferable and non-exclusive, subject to compliance with these terms of use. As a condition of using the site, you agree that you will not use it for any illegal or prohibited purposes outlined in these Terms. You may not utilize the site in a way that could harm, disable, overload, or impair its functionality or interfere with any other party's ability to use and enjoy the site. You may not attempt to access any information or materials that are not intentionally provided or made available through the site.

The Service includes various types of content, such as text, graphics, logos, images, and software, which are owned by Ayy Plant Studio or its suppliers and protected by intellectual property and proprietary rights laws, including copyright. By using the Site, you agree to comply with all copyright and other proprietary notices, legends, or restrictions that apply to any content on the Site, and you will not modify, publish, transmit, create derivative works, or exploit any content found on the Site without the express written consent of Ayy Plant Studio and the copyright owner.

You may only use protected content for personal use, and you may not delete or alter any proprietary rights or attribution notices in any content. You acknowledge and agree that you have no ownership rights to any protected content, and that you may not use any protected content in any way that is not expressly authorized by these Terms.

The Service is available to international users, but you are responsible for complying with all local laws and regulations applicable to your use of the Site.

Regenerate response

International Users

Ayy Plant Studio controls, operates, and manages the Service from its offices located in the USA. If you access the Service from a location outside the USA, you are solely responsible for complying with all local laws. You agree not to use the Ayy Plant Studio Content accessed through ayyplantstudio.com in any country or manner that violates any applicable laws, regulations, or restrictions.

Indemnification

You agree to defend, indemnify, and hold harmless Ayy Plant Studio, its officers, directors, employees, agents, and third parties from any and all losses, costs, liabilities, and expenses (including reasonable attorney's fees) arising from or related to your use of the Site or services, any postings you make, any violation of these Terms or any rights of a third party, or any violation of applicable laws, rules, or regulations. Ayy Plant Studio reserves the right to assume, at its own expense, the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate with Ayy Plant Studio in asserting any available defenses.

Arbitration

If there is a dispute between the parties regarding these Terms and Conditions, and they cannot resolve it through negotiation, then the dispute shall be resolved through arbitration under the Federal Arbitration Act. The arbitration will be conducted by a single neutral arbitrator from a service such as the American Arbitration Association, chosen by both parties and held in a mutually agreed location. The arbitrator's decision will be final, and a judgment may be entered in any court with jurisdiction. The prevailing party in any legal action related to these Terms and Conditions will be entitled to recover its reasonable attorney's fees and costs. All disputes related to these Terms and Conditions, whether they arise directly or indirectly, will be subject to arbitration. This provision is governed by the Federal Arbitration Act, and the arbitrator will have the authority to decide the scope and enforceability of the arbitration provision. The arbitration provision will remain in effect even if these Terms and Conditions are terminated.

Class Action Waiver

All arbitration proceedings related to these Terms and Conditions shall be conducted on an individual basis. The parties expressly agree that no class arbitrations or collective/representative actions shall be allowed. Each party shall only bring claims against the other in their individual capacity and not as part of a putative class, collective, or representative proceeding. This includes actions such as private attorney general actions. Unless both parties agree, the arbitrator shall not consolidate the claims of more than one person or preside over any representative or class proceeding.

Liability Disclaimer

The Site's information, software, products, and services may contain inaccuracies or typographical errors, and Ayy Plant Studio LLC and/or its suppliers may make changes and improvements to the Site at any time without notice.

Ayy Plant Studio LLC and/or its suppliers do not warrant the suitability, reliability, availability, timeliness, or accuracy of the information, software, products, services, and related graphics provided on the Site for any purpose. All such information, software, products, services, and related graphics are provided "as is" without warranty or condition of any kind, to the maximum extent permitted by applicable law. Ayy Plant Studio LLC and/or its suppliers hereby disclaim all warranties and conditions regarding this information, software, products, services, and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title, and non-infringement.

To the maximum extent permitted by applicable law, Ayy Plant Studio LLC and/or its suppliers shall not be liable for any direct, indirect, punitive, incidental, special, consequential damages, or any damages whatsoever, including damages for loss of use, data, or profits, arising out of or in any way connected with the use or performance of the Site, with the delay or inability to use the Site or related services, the provision of or failure to provide services, or for any information, software, products, services, and related graphics obtained through the Site, or otherwise arising out of the use of the Site, whether based on contract, tort, negligence, strict liability, or otherwise, even if Ayy Plant Studio LLC or any of its suppliers has been advised of the possibility of damages.

If you are dissatisfied with any portion of the Site, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the Site. Additionally, some states/jurisdictions may not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.

Termination/Access Restriction

Ayy Plant Studio has the authority to terminate your access to the Site and its services at any time without notice, as determined solely by Ayy Plant Studio. By using the Site, you consent to the laws of the State of Florida governing this agreement and agree that any disputes arising from or related to your use of the Site will be handled exclusively by courts located in Michigan. If any part of this agreement is found to be invalid or unenforceable, the remaining provisions shall remain in effect. This agreement constitutes the entire agreement between you and Ayy Plant Studio regarding the Site and supersedes any prior communications or proposals, whether oral, written or electronic. Any notices given in electronic form or printed version of this agreement shall be admissible in judicial or administrative proceedings, and the parties agree to have this agreement written in English. It is understood that this agreement does not establish any joint venture, partnership, employment, or agency relationship between you and Ayy Plant Studio. Ayy Plant Studio's performance is subject to existing laws and legal processes, and Ayy Plant Studio is authorized to comply with governmental, court, and law enforcement requests or requirements related to your use of the Site or information provided to or gathered by Ayy Plant Studio in such use.

Changes to Terms

Ayy Plant Studio may modify the Terms of ayyplantstudio.com at any time and at its sole discretion. The latest version of the Terms will replace any previous versions. Ayy Plant Studio recommends that you check the Terms periodically to keep yourself up-to-date with any changes we make.

Ayy Plant Studio is open to receiving any inquiries or feedback you may have concerning the Terms. Please click here to contact us.

Effective as of March 31, 2023