Terms and Conditions

Please read the following Conditions of Use carefully.

* Please note: All products may not appear exactly as shown, due to variability in shape and color of pot”.

CANCELLATION

Orders accepted by Seller are not subject to cancellation by Buyer, except with Seller’s written consent and upon terms that compensate Seller for any loss or damage arising out of said cancellation. Cancellation requests must be submitted in writing. All cancellations are subject to a 25% cancellation restocking fee from the Buyer.

Plants are not for consumption, but for decoration only, please keep the plants away from children and pets.

By using this Web Site, you acknowledge that you have read the Conditions of Use and that you accept and will be bound by the terms thereof, as they may be modified by Tropical Expressions, from time to time, as posted on this Web site. When such a modification is made, we will post a revised version of the Conditions of Use on this Web site. Changes will be effective when they are posted.

Tropical Expressions is not required to provide you with notification that any such change has been made. It is your responsibility to review these Conditions of Use from time to time to be aware of any such change. Your continued use of the service will indicate your agreement to any such change. We reserve the right to add to, remove, change or terminate access to any of the content or functions of the service without giving specific notice to you. If you do not agree to the Conditions of Use, you may not use this Web site.

Access to certain areas of this Web site is restricted to those who have a valid Login Name and Password and who have accepted these Conditions of Use. Access or attempted access by unauthorized individuals may be subject to prosecution. Any use of the Web site is at the sole risk of the user. When used in these Conditions of Use, Tropical Expressions shall include any affiliates, directors, officers and employees.

Information Copyright 2008 by Tropical Expressions
Except as otherwise indicated, information on this Web site is protected by copyright. Unless otherwise specified (see Limited Disclaimer of Copyright below), no one has permission to copy or republish, in any form, any information found on this Web site.

The posting of information or other materials to this Web site does not constitute a waiver of any proprietary right in such information and materials (such as, but not limited to, copyright, service marks, trademarks, trade names, or other intellectual property) and does not transfer any rights to a user of the Web site or any other third party, except as expressly provided therein.

Service Marks and Trademarks
Tropical Expressions are service marks or trademarks of Tropical Expressions.

Limited Disclaimer of Copyright
Any authorized person may view the information (and incidentally create an electronic copy of the information) available from this Web site for informational purposes only. No part of the information at this Web site can be otherwise redistributed, copied, or reproduced in any form without prior written consent of Tropical Expressions.

Disclaimer of Warranties
This information is provided "AS IS" without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

Tropical Expressions MAKES NO REPRESENTATION AS TO THE ACCURACY, TIMELINESS, OR COMPLETENESS OF THE WEB SITE MATERIALS. Tropical Expressions, PERIODICALLY AMENDS, CHANGES, ADDS, DELETES, UPDATES OR ALTERS THE INFORMATION, INCLUDING, WITHOUT LIMITATION, THE TERMS OF USE, AT THE WEB SITE WITHOUT NOTICE. FURTHER, Tropical Expressions, ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE WEB SITE. Tropical Expressions, SPECIFICALLY DISCLAIMS ANY DUTY TO UPDATE THE INFORMATION ON THE WEB SITE.

REFERENCES TO Tropical Expressions, AND ITS SERVICES AND PRODUCTS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED. IN NO EVENT SHALL Tropical Expressions, OR ANY OTHER PARTY INVOLVED IN THE CREATION, PRODUCTON, OR DELIVERY OF THE INFORMATION AT THIS WEB SITE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, COMPUTER VIRUS OR SYSTEM FAILURE, DATA OR PROFITS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS WEB SITE (OR THE INFORMATION OR SERVICES PROVIDED AT THIS WEB SITE) ON ANY WEB SITE RELATED TO ANY THIRD PARTY, OR USER’S INABILITY TO USE THE INFORMATION OR MATERIALS CONTAINED IN THE WEB SITE (OR ANY OTHER WEB SITE). IN NO EVENT SHALL Tropical Expressions’ LIABILITY TO USERS FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) EXCEED THE AMOUNT, IF ANY, PAID BY USERS TO Tropical Expressions, FOR ACCESSING THE WEB SITE. Tropical Expressions MAKES NO WARRANTY OF ANY KIND WITH RESPECT TO THE SUBJECT MATTER INCLUDED HEREIN OR THE PRODUCTS LISTED HEREIN. Tropical Expressions, SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESSED, IMPLIED, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

Typographic Errors
This Web site could include technical inaccuracies or typographical errors.

Indemnification by User
USER AGREES TO INDEMNIFY, DEFEND AND HOLD Tropical Expressions, HARMLESS FROM ANY LIABILITY, LOSS, CLAIM AND EXPENSE, INCLUDING ATTORNEY’S FEES RELATED TO A USER’S VIOLATION OF THESE TERMS AND CONDITIONS OR THE USE OF THE SERVICES, INCLUDING TECHNICAL SUPPORT, AND INFORMATION PROVIDED AT THIS WEB SITE.

Links to Other Web Sites This Web site may contain links to other Web sites not owned or managed by Tropical Expressions, or its affiliates. Tropical Expressions, is not responsible for the content, accuracy, or opinions expressed in such Web sites, and such Web sites are not investigated, monitored, or checked for accuracy or completeness by Tropical Expressions. Inclusion of any such linked Web site does not imply approval or endorsement of the linked Web site by Tropical Expressions.

Submission of Information All information transmitted or otherwise submitted to Tropical Expressions, via this Web site shall be deemed to be the property of Tropical Expressions, and Tropical Expressions, shall be free to use such information for lawful purposes. Tropical Expressions, shall not have any obligation to keep such information confidential except as otherwise specifically agreed in writing by Tropical Expressions, or as required by law. Users should note that electronic transmissions to and from this Web site are not confidential and may be read or intercepted by others.

Login Name and Password You must have a valid account identification and password to conduct any transactions from this Web site, other than "browsing" the site for general information. You are responsible for maintaining the confidentiality of your account identification or password. You agree to immediately notify Tropical Expressions, of any unauthorized use of your account identification or password or any other breach of the security of your account or this Web site. You must ensure that you exit from your account at the end of each session.

Governing Law These Terms of Use will be governed by and construed in accordance with the laws of the Canada and the Province of Ontario without regard to conflict of law principles, and users agree that all legal proceedings related to the matters herein shall be adjudicated solely in the courts of Hamilton, Ontario. Users consent to extra-territorial service of process and submit to the jurisdiction of said courts.
To the extent any portion of these Terms of Use shall be determined to be unenforceable by a court of competent jurisdiction, such portion will be modified by the court solely to the extent necessary to cause such portion to be enforceable, and these Terms of Use as so modified will remain in full force and effect.
Any waiver of any provisions contained in these Terms of Use by Tropical Expressions, shall not be deemed to be a waiver of any other right, term, or provision of these Terms of Use. Any waiver of these Terms of Use must be in writing and signed by our authorized representative. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.