Terms of service

OVERVIEW

Welcome to Sunland Grown. The terms “we,” “us,” and “our” refer to Sunland Grown. Sunland Grown operates this store and website, including all related information, content, features, tools, products, and services in order to provide you, the customer, with a curated shopping experience (the “Services”). Sunland Grown is powered by Shopify, which enables us to provide the Services to you.

These Terms of Service, together with any policies referenced herein, describe your rights and responsibilities when you use the Services.

Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.

By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.

SECTION 1 - ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you have given consent for your minor dependents to use the Services on devices you own, purchase, or manage.

To use the Services, including browsing our online store or purchasing products or services, you may be asked to provide information such as your email address, billing information, payment information, and shipping information. You represent that all information you provide is correct, current, and complete.

You are responsible for maintaining the security of your account credentials and for activity associated with your account.

SECTION 2 - OUR PRODUCTS

We make every reasonable effort to accurately represent our products and services. However, colors, plant appearance, size, foliage, seasonal growth, and other characteristics may differ from photographs or from how products appear on your screen.

Live plants naturally vary. A plant may be actively growing, dormant, leafless, recently pruned, or otherwise seasonally different from product photographs without being defective.

All product descriptions, availability, quantities, and pricing are subject to change without notice. We reserve the right to discontinue products or limit quantities available to any person, geographic region, or jurisdiction.

SECTION 3 - ORDERS

When you place an order, you are making an offer to purchase. Sunland Grown reserves the right to accept, decline, modify, or cancel an order when reasonably necessary.

Your order is not considered accepted until Sunland Grown confirms acceptance and payment has been processed.

Please review your order carefully before submitting it. We may be unable to accommodate cancellation or modification requests after an order has been prepared, shipped, or made ready for pickup.

If we need to modify or cancel an order, we will attempt to contact you using the email address, billing information, or phone number provided with the order.

Purchases are subject to our Returns & Plant Guarantee Policy.

Products purchased through our standard retail store are intended for personal use unless Sunland Grown separately approves a wholesale, trade, nursery, landscape, orchard, farm, or commercial arrangement.

SECTION 4 - PRICES AND BILLING

Prices, discounts, and promotions are subject to change without notice. The price charged will be the price shown at the time the order is placed unless an error is discovered.

Unless otherwise stated, posted prices do not include applicable taxes, shipping, handling, or other charges.

Prices offered online may differ from prices offered at the orchard, nursery, market booth, special events, wholesale arrangements, or other sales channels.

You agree to provide current, complete, and accurate purchase and payment information for transactions made through our store.

SECTION 5 - SHIPPING, PICKUP, AND DELIVERY

Shipping and pickup are governed by our Shipping & Pickup Policy.

Shipping availability may vary depending on destination, weather, season, agricultural restrictions, plant condition, or other factors.

Delivery and fulfillment estimates are not guaranteed. Sunland Grown is not responsible for delays caused by carriers, weather, regulatory inspections, customs processing, natural events, or circumstances outside our reasonable control.

Local pickup customers must wait for confirmation that an order is ready before arriving unless otherwise arranged.

SECTION 6 - INTELLECTUAL PROPERTY

Our Services, including trademarks, branding, logos, text, photographs, graphics, product descriptions, video, audio, design elements, and other original content, are owned by Sunland Grown or its licensors and are protected by applicable intellectual property laws.

You may use the Services for personal, non-commercial purposes only unless we provide written permission otherwise.

You may not reproduce, distribute, modify, publicly display, republish, download, store, sell, or commercially exploit our original content without prior written permission.

Sunland Grown names, logos, designs, and slogans may not be used without permission.

SECTION 7 - OPTIONAL TOOLS

We may provide access to third-party tools or services that we do not control or monitor.

Such tools are provided “as is” and “as available.” Your use of third-party tools is at your own risk and may also be governed by the third party’s terms and policies.

SECTION 8 - THIRD-PARTY LINKS

Our Services may contain links to websites or services operated by third parties.

Sunland Grown is not responsible for the content, accuracy, policies, products, services, or practices of third-party websites.

If you access third-party websites or purchase products or services from them, you do so at your own discretion and risk.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

Sunland Grown is powered by Shopify, which enables us to provide the Services to you.

However, purchases made through our store are transactions directly between you and Sunland Grown.

Shopify is not responsible for products sold by Sunland Grown or for injury, damage, loss, disputes, or other issues arising from purchases made from Sunland Grown.

SECTION 10 - PRIVACY POLICY

Personal information collected through the Services is handled in accordance with our Privacy Policy.

Because our store is hosted by Shopify, Shopify may also collect and process information in connection with your access to and use of the Services.

SECTION 11 - FEEDBACK

If you submit reviews, suggestions, feedback, photographs, ideas, or other content to Sunland Grown, you represent that you have the right to provide that content.

You grant Sunland Grown permission to use submitted feedback for operating, improving, evaluating, and promoting our Services unless otherwise agreed.

You may not submit unlawful, abusive, defamatory, infringing, misleading, malicious, or harmful content.

SECTION 12 - ERRORS, INACCURACIES, AND OMISSIONS

Occasionally information on our website may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, availability, promotions, shipping charges, transit times, or other information.

We reserve the right to correct errors, update information, or cancel orders when information is inaccurate, including after an order has been submitted when reasonably necessary.

SECTION 13 - PROHIBITED USES

You may use the Services only for lawful purposes.

You may not use the Services to violate laws, infringe intellectual property rights, harass or harm others, transmit malicious software, submit fraudulent or misleading information, impersonate another person, interfere with the operation of the website, scrape or extract information in violation of applicable law or our access restrictions, or attempt to bypass security measures.

We reserve the right to restrict or terminate access to the Services if these Terms are violated.

SECTION 14 - AUTOMATED TOOLS AND AGENTS

Automated software, bots, agents, scraping tools, or similar systems may not access or interact with the Services in a manner that conceals their automated nature, bypasses security measures, circumvents access restrictions, or disrupts normal operation of the Services.

We may limit or block automated access when reasonably necessary to protect our website, customers, or business.

SECTION 15 - TERMINATION

We may suspend or terminate access to the Services if you violate these Terms or engage in conduct that may harm Sunland Grown, our customers, Shopify, or other parties.

Any obligations or provisions that by their nature should survive termination will remain in effect.

SECTION 16 - DISCLAIMER OF WARRANTIES

Information presented through the Services is provided for general informational purposes.

Except where expressly stated by Sunland Grown or required by law, the Services and products offered through the Services are provided “as is” and “as available.”

Live plants are living products and their future growth, productivity, survival, and performance depend on many factors outside Sunland Grown’s control, including climate, planting, watering, soil, pests, disease, animals, weather, winter conditions, and customer care.

Nothing in this section limits rights that cannot legally be excluded.

SECTION 17 - LIMITATION OF LIABILITY

To the fullest extent permitted by law, Sunland Grown and its employees, contractors, service providers, affiliates, and licensors will not be liable for indirect, incidental, special, punitive, or consequential damages arising from use of the Services or products purchased through the Services.

Nothing in these Terms excludes liability that cannot lawfully be excluded or limited.

SECTION 18 - INDEMNIFICATION

To the extent permitted by law, you agree to indemnify and hold harmless Sunland Grown, Shopify, and their respective affiliates, employees, agents, contractors, licensors, and service providers from third-party claims arising from your violation of these Terms, violation of applicable law, or infringement of another party’s rights.

SECTION 19 - SEVERABILITY

If any provision of these Terms is determined to be unlawful, void, or unenforceable, that provision will be enforced to the maximum extent permitted by law and the remaining provisions will remain valid and enforceable.

SECTION 20 - WAIVER; ENTIRE AGREEMENT

Failure to enforce any provision of these Terms does not constitute a waiver of that provision.

These Terms, together with policies posted on our website, constitute the agreement governing your use of the Services.

SECTION 21 - ASSIGNMENT

You may not assign or transfer your rights or obligations under these Terms without our prior written consent.

Sunland Grown may assign its rights or obligations when reasonably necessary in connection with operation, restructuring, sale, or transfer of the business.

SECTION 22 - GOVERNING LAW

These Terms and any separate agreements through which Sunland Grown provides Services will be governed by applicable federal law and the laws of the State of Oregon.

SECTION 23 - HEADINGS

Section headings are included for convenience only and do not affect interpretation of these Terms.

SECTION 24 - CHANGES TO TERMS OF SERVICE

We may update these Terms from time to time by posting an updated version on our website.

Changes will become effective as permitted by applicable law. Continued use of the Services after updated Terms become effective constitutes acceptance of those changes.

SECTION 25 - CONTACT INFORMATION

Questions about these Terms of Service should be submitted through our Contact page or emailed to:

Sunland Grown
Salem, Oregon, USA
sunlandgrown@gmail.com