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Terms of Use

ONOMEA TERMS OF USE

Welcome to the Onomea.com website (the “Site”). Onomea, LLC provides services to you subject to the notices, terms, and conditions set forth in this agreement (the “Agreement”). In addition, when you use any of our services (e.g., Customer Reviews), you will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they are incorporated into this Agreement by this reference. We reserve the right to change this Site and these terms and conditions at any time.

 

USE OF SITE
You represent and warrant that you are at least 18 years old or visiting the Site under the supervision of a parent or guardian.

Subject to the terms and conditions of this Agreement, we hereby grant you a limited, revocable, non-transferable and non-exclusive license to access and use the Site by displaying it on your internet browser only for the purpose of shopping for items sold on the Site. We reserve the right to refuse service, terminate accounts, and/or cancel orders at its discretion, including, without limitation, if we believe that customer conduct violates applicable law or is harmful to our interests.

We may assign you a password and account identification to enable you to access and use the 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 conditions of this Agreement, and we have no obligation to investigate the authorization or source of any such access or use of the Site. You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify us of any unauthorized use of your password or identification or any other breach or threatened breach of this Site’s security.

When you use the Site, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Site or through our other services. You agree that all agreements, notices, disclosures and other communication that we provide to you electronically satisfy any legal requirements that such communications be in writing.

 

REVIEWS AND COMMENTS
Except as otherwise provided elsewhere in this Agreement or on the Site, anything that you submit or post to the Site and/or provide us, including without limitation, ideas, know-how, techniques, questions, reviews, comments, and suggestions (collectively, “Submissions”) is and will be treated as nonconfidential and nonproprietary, and we shall have the royalty-free, worldwide, perpetual, irrevocable and transferable right to use, copy, or display such Submissions. All Submissions shall automatically become our sole and exclusive property and shall not be returned to you.

In addition to the rights applicable to any Submission, when you post comments or reviews to the Site, you also grant us the right to use the name that you submit with any review, comment, or other Content, if any, in connection with such review, comment, or other content. You represent and warrant that you own or otherwise control all of the rights to the reviews, comments and other Content that you post on this Site and that use of your reviews, comments, or other Content by us will not infringe upon or violate the rights of any third party. You shall not use a false e mail address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any Submissions or Content. We may, but shall not be obligated to, remove or edit any Submissions (including comments or reviews) for any reason.

 

INTELLECTUAL PROPERTY
All text, graphics, button icons, images, and software belongs exclusively to Onomea, LLC. The collection, arrangement, and assembly of all content on this Site belong exclusively to Onomea, LLC. All software used on this Site is the property of Onomea, LLC. ONOMEA and onomea.com and other logos, slogans, trade names or words are registered trademarks, trademarks or service marks used are the exclusive property of Onomea, LLC. The use of any of our trademarks or service marks without our express written consent is strictly prohibited. You may not use our trademarks or service marks in connection with any product or service in any way that is likely to cause confusion.

 

DELIVERY
The risk of loss and title for items purchased by you pass to you upon our delivery of the items to the location identified by you. At our discretion, a refund may be issued without requiring a return. In this situation, we do not take title to the refunded item. An item may be required to be returned to Onomea or one of our participating nurseries or other vendor if requested by us in order to receive a complete refund.

 

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.

 

TYPOGRAPHICAL ERRORS
In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, we shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we shall immediately issue a credit to your credit card account in the amount of the charge.

 

APPLICABLE LAW
By using the Site, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Connecticut, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and us.

 

DISPUTES
Any dispute or claim relating in any way to your use of the Site, or to any products or services sold by us or through Onomea.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.

 

OUR ADDRESS
Please send any questions or comments regarding this Site to: Onomea, LLC – 757 Wrights Crossing Road, Pomfret Center, CT 06259.

 

UPDATES TO THIS POLICY
If we change or update these Terms of Use conditions, we will post changes and updates on the site. If you have any questions about these Terms of Use conditions, please contact us at 1-860-928-0735 or cs@onomea.com.

Effective January 1, 2019