Effective Date: April 12, 2016

These Terms and Conditions of Service (“Terms of Service”) govern your purchase of the products and services from gardenUP, including through (“gardenUP Site”). By accessing or using the gardenUP Site or by purchasing or attempting to purchase products or services through the gardenUP Site, you agree to be bound by these Terms of Service, along with gardenUP’s Terms of Use (“Terms of Use”) (which are hereby incorporated by reference), all other terms or policies incorporated herein by reference and all applicable laws, rules and regulations (“Law”).

The gardenUP Site is operated by gardenUP, LLC (collectively, “gardenUP,” “we,” “us” and “our”). References in these Terms of Service to “you” or “your” refer to both you and any person or entity on whose behalf you act, if any.

1. Privacy Policy

Please refer to the gardenUP Privacy Policy (“Privacy Policy”) for information regarding how gardenUP collects, uses, discloses and processes your Personal Information, Usage Data and Other Information (as each is defined in the Privacy Policy).

2. Eligibility

These Terms of Service have been executed and delivered by you and constitute a valid and binding agreement between you and gardenUP, enforceable against you in accordance with their terms. You represent that you (1) are at least 18 years of age, (2) have full power and authority to enter into these Terms of Service and in doing so will not violate any other agreement to which you are a party and (3) have not been previously suspended or removed from the gardenUP Site, or engaged in any activity that could result in suspension or removal from the gardenUP Site.

3. Registration

a.   Establishing an Account

In order to purchase products and services available through the gardenUP Site, or otherwise access and use certain features of the gardenUP Site, you will need to register for a gardenUP account (“Account”). Upon creating an Account, you will receive a username and password.

At a minimum, creating an Account requires you to (1) indicate agreement to these Terms of Service, (2) provide contact information and other identification details and (3) submit any other form of authentication as gardenUP may require in its sole discretion. In addition, prior to submitting an order for products or services, you will need to provide certain information regarding your planting site, including (a) the delivery address for your order, (b) the shape, setting and dimensions of the planting site, (c) the sunlight and weather conditions associated with the planting sight, (d) the soil, grading and other ground conditions of the planting site and (e) any other information relating to the planting site as gardenUP may require in its sole discretion. You acknowledge that we rely on you to provide an accurate description of your planting site so that we can properly estimate the number and variety of plants required and suitable for your planting site and the effort involved in delivering or installing your plant order, as applicable. By placing an order through the gardenUP Site, you represent and warrant that the information you have provided regarding your planting site is accurate and complete. We are not responsible for untrue, inaccurate or incomplete descriptions or information submitted by you.

b.   Use of Account

By creating an Account, you agree to (1) provide true, accurate, current and complete Account information, (2) maintain and promptly update from time to time as necessary your Account information, (3) maintain the confidentiality and security of