www.pepperandpinedesign.com (Pepper and Pine Garden Design) CANCELLATION POLICY/WAIVER/RELEASE
By using the site and purchasing any related Service, you consent to receiving this Agreement in electronic form. To withdraw this consent, you must cease using the site and any related Service immediately. YOU MUST MAKE CONTACT AT LANDON@PEPPERANDPINEDESIGN.COM WITH ANY QUESTIONS RELATING TO THIS AGREEMENT. By purchasing any Service by Company, you certify that you agree to this Agreement.
Throughout this Agreement, we may use certain words or phrases, and it is important that you understand the meaning of them. The list is not all-encompassing and no definition should be considered binding to the point that it renders this Agreement nonsensical:
“Agreement” refers to these Cancellation Policy/Waiver/Release;
“Service” refers to the services that we provide, including our garden consulting services and our Site;
“Site” refers to our website, www.pepperandpinedesign.com;
"Company" refers to our company, Pepper and Pine Garden Design
"Consultant" refers to Landon Gilfillan, including our garden consulting services and our Site;
“User” refers to anyone who uses our Service, including general visitors to our Site;
“You” refers to you, the person who is entering into this Agreement with Pepper and Pine Garden Design and Landon Gilfillan.
PAYMENTS + REFUNDS
If paying by debit card or credit card, you give us permission to automatically charge your credit or debit card for all fees and charges due and payable to Pepper and Pine Garden Design, without any additional authorization, for which you will receive an electronic receipt. You also agree that Pepper and Pine Garden Design is authorized to share any payment information and instructions required to complete the payment transactions with its third-party payment service providers (e.g., credit card transaction processing, merchant settlement, and related services).
Payment in full is required before you will be permitted to participate in any paid Pepper and Pine Garden Design services and resources.
Cancellation and Refund Policy for Pepper and Pine Garden Design: In order to cancel your garden consult and request a full refund, you must contact Landon Gilfillan and/or Pepper and Pine Garden Design using the provided contact information or digital cancellation options at least twenty-four (24) hours before your scheduled garden consult time. If a client does not contact Landon Gilfillan or Pepper and Pine Garden Design at least 24 in advance or does not show up for their set appointment time (whether in person, Google Meets, or through a phone call), said client will only receive a 50% refund of their payment through the payment method used at time of purchase. This is to compensate Landon Gilfillan or any member of the Pepper and Pine Garden Design team for their travel time, gas, resources, and preparation time allotted for the garden consult.
If a client is LATE to a scheduled garden consult, whether in person or through Google Meets, Landon Gilfillan or any team member of Pepper and Pine Garden Design will wait for ten (10) minutes for the client to arrive and then will either end the virtual meeting or leave the premise on which the garden consult was to take place. At that point, the garden consult will need to be rescheduled. If the garden consult is occurring by phone call, Landon Gilfillan or any team member of Pepper and Pine Garden Design, will call the client both five (5) and ten (10) minutes after the set appointment time and then will officially end the garden consult. At that point, the garden consult will need to be rescheduled.
Refunds are not available due to buyer's remorse and garden/plant failure. Pepper and Pine Garden Design is not responsible for plant health,death or garden languish, as there are too many uncontrolled factors which may have contributed to its cause, including failure of client to implement suggestions, resources, and other necessary requirements a garden may need to survive and thrive; weather; garden pests; and others (this list is not all-encompassing).
Since we have a clear and explicit Refund Policy that you have agreed to prior to completing the purchase of any garden consult, we do not tolerate or accept any type of chargeback threat or actual chargeback from your credit card company or payment processor. In the event that a chargeback is placed on a purchase or we receive a chargeback threat during or after your purchase, we reserve the right to report the incident to all three credit reporting agencies or to any other entity for inclusion in any chargeback database or for listing as a delinquent account which could have a negative impact on your credit report score. The information reported will include your name, email address, order date, order amount, and billing address. Chargeback abusers wishing to be removed from the database shall make the payment for the amount of the chargeback.
WEBSITE USE + CONSENT
While the Company uses reasonable efforts to include accurate and up-to-date information in the Site, the Company makes no warranties or representations as to its accuracy. The Company assumesno liability or responsibility for any errors or omissions in the content of the Site.
When you register with the Company and/or this Site, you expressly consent to receive any notices,announcements, agreements, disclosures, reports, documents, communications concerning new products or services, or other records or correspondence from the Company. You consent to receive notices electronically by way of transmitting the notice to you by email.
If you send comments or suggestions about the Site to the Company, including, but not limited to,notes, text, drawings, images, designs or computer programs, such submissions shall become, andshall remain, the sole property of the Company. No submission shall be subject to any obligation ofconfidence on the part of the Company. The Company shall exclusively own all rights to (including intellectual property rights thereto), and shall be entitled to unrestricted use, publication, anddissemination as to all such submissions for any purpose, commercial or otherwise without anyacknowledgment or compensation to you.
The Company shall use commercially reasonable efforts to restrict unauthorized access to our data and files. However, no system whether or not password protected can be entirely impenetrable. You acknowledge that it may be possible for an unauthorized third party to access, view, copy, modify, ordistribute the data and files you store using the Site. Use of the Site is completely at your own risk.
NEITHER THE COMPANY NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR MAINTAINING THE SITE AND/OR ANY CONTENT ON THE SITE SHALL BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO OR USE OF THE SITE. WITHOUT LIMITING THEFOREGOING, ALL CONTENT ON THE SITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND,EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANTOR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THE SITE, THE RESULTS OF THE USE OF SUCH MATERIALS, THE SUITABILITY OF SUCH MATERIALS FOR ANY USER’S NEEDS OR THE LIKELIHOOD THAT THEIR USE WILL MEET ANY USER’S EXPECTATIONS, OR THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR CORRECTION. THE COMPANY LIKEWISE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS OR GUARANTEES THAT YOU WILL HAVE CERTAIN RESULTS USING THE SITE OR THE COMPANY’S TECHNOLOGY OR SERVICES. YOU ACCEPT ALL RESPONSIBILITY FOR EVALUATING YOUR OWN HEALTH. YOUR HEALTH IS ENTIRELY DEPENDENT ONYOUR OWN CHOICES, IDEAS, TECHNIQUES; YOUR EXECUTION OF YOUR HEALTH PLAN; THE TIMEYOU DEVOTE TO THE PROGRAM, IDEAS AND TECHNIQUES OFFERED AND UTILIZED; AS WELL AS YOUR KNOWLEDGE AND YOUR SKILL. SINCE THESE FACTORS DIFFER AMONG ALL INDIVIDUALS, THE COMPANY CANNOT AND DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS OR GUARANTEES REGARDING YOUR SUCCESS. THE COMPANY DOES NOT WARRANT THAT USE OF THE MATERIALS WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE,THE CONTENT, AND/OR THE MATERIALS AVAILABLE ON THIS SITE ARE FREE FROM BUGS OR VIRUSESOR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RESPONSIBILITY FOR THE COST OF ALL NECESSARY REPAIRS OR CORRECTIONS. THE COMPANY SHALL NOT BE RESPONSIBLE FOR ANY PERFORMANCE OR SERVICE PROBLEMS CAUSED BY ANY THIRD PARTY WEBSITE OR THIRD PARTY SERVICE PROVIDER. ANY SUCH PROBLEM SHALL BE GOVERNED SOLELY BY THE AGREEMENT BETWEEN YOU AND THAT PROVIDER. Please notethat the applicable jurisdiction may not allow the exclusion of implied warranties. Some of the above exclusions may thus not apply to you.
IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, RELIANCE OR CONSEQUENTIAL DAMAGES, WHETHER FORESEEABLE OR NOT, INCLUDING,BUT NOT LIMITED TO, DAMAGE OR LOSS OF PROPERTY, EQUIPMENT, INFORMATION OR DATA, LOSS OF PROFITS, REVENUE OR GOODWILL, COST OF CAPITAL, COST OF REPLACEMENT SERVICES, OR CLAIMS FOR SERVICE INTERRUPTIONS OR TRANSMISSION PROBLEMS, OCCASIONED BY ANY DEFECT IN THE SITE, THE CONTENT, AND/OR RELATED MATERIALS, THE INABILITY TO USE SERVICESPROVIDED HEREUNDER OR ANY OTHER CAUSE WHATSOEVER WITH RESPECT THERETO, REGARDLESS OF THEORY OF LIABILITY. THIS LIMITATION WILL APPLY EVEN IF THE COMPANY HAS BEEN ADVISED OR IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to indemnify and hold the Company and each of its directors, officers employees, and agents, harmless from any and all liabilities, claims, damages and expenses, including reasonable attorney’s fees, arising out of or relating to (i) your breach of this Agreement, (ii) any violation by youof law or the rights of any third party, (iii) any materials, information, works and/or other content of whatever nature or media that you post or share on or through the Site, (iv) your use of the Site or any services that the Company may provide via the Site, and (v) your conduct in connection with the Site or the services or with other users of the Site or the services. The Company reserves the right to assume the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide the Company with such cooperation as is reasonably requested by the Company.