Welcome to Geoponicscorp.com (the “Website”). Geoponics Corp offers this Website to you subject to the following terms, conditions, and notices (the "Terms"). Your use of this Website shall be your agreement to abide by each of the Terms set forth below. If you do not agree with any of these Terms, please do not use this Website. If you have any questions about the Terms, please contact us. The Terms inure to the benefit of Geoponics Corp. Please review the Terms carefully.
In General
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: "Customer", “you” and “your” refers to you, the person accessing this website and accepting the Geoponics Corp’s terms and conditions. “Geoponics Corp”, "The Company", “Ourselves”, “we” and "us", refers to our Company. “Party” or “Parties” refers to both the Customer and ourselves, or either the Customer or ourselves.
Geoponics Corp owns and operates this Website. This document governs your relationship through the Website with Geoponics Corp. Access to and use of this Website and the products and services available through this Website are subject to the Terms.
Your use of the Website constitutes your unconditional agreement to be bound by and acceptance of the
Terms. By using the Website, you are agreeing to all of the Terms, as may be updated by Geoponics Corp from time to time and are certifying that you are 18 years of age or older. If you are under the age of 18, you are not permitted to use the Website.
Changes to Terms of Use
You agree that Geoponics Corp may at any time revise the Terms without notice to you. You agree that you are bound by any such revisions. You agree to check this page regularly to take notice of any changes we may have made to the Terms to which you are bound. Your use of the Website after changes are made signifies that you agree to be bound by the Terms as those Terms exist at that time.
Access to this Website
Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the services and products associated with the Website without notice. From time to time, we may restrict access to some parts or this entire Website. You agree that we will not be liable if for any reason this Website is unavailable at any time or for any period.
Links to Other Websites
This Website may contain links to other websites (“Linked Sites”) which are not operated by Geoponics Corp Geoponics Corp has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms of use and service contained within each such site. These Linked Sites are provided to you only as a convenience and their presence on the Website does not imply endorsement by Geoponics Corp of such Linked Sites or of any association with such Linked Sites’ operators unless expressly stated. You agree that Geoponics Corp is in no way responsible or liable for the availability or content of the Linked Sites. Geoponics Corp makes no representations whatsoever about any other Linked Sites you may access through the Website. We strongly encourage you to become familiar with the terms of service and / or terms of use and practices of any Linked Sites. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from the Website or other Linked Sites) is free of items, such as viruses, worms, Trojan horses, defects, time bombs, date bombs and other items of a harmful nature.
Prohibitions
You must not misuse this Website. You will not: commit or encourage a criminal offense; transmit or distribute a virus, Trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person's proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as "spam" or engage in flooding, phishing or other activity intended to gather information unlawfully; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offense and Geoponics Corp will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.
Intellectual Property, Software and Content
The intellectual property rights in all software and content (including photographic images) made available to you on or through this Website remains the property of Geoponics Corp or its licensors and are protected by copyright laws and treaties in the United States around the world. The compilation (meaning the collection, arrangement and assembly) of all content on the Website is the exclusive property of Geoponics Corp and protected by applicable copyright laws. All such rights are reserved by Geoponics Corp and/or its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise without the express written consent of Geoponics Corp. Accessing the Website does not confer and shall not be construed as conferring on you or anyone else any license to Geoponics Corp's or any third party's intellectual property rights.
The names, trade names, logos, service marks, trademarks and trade dress (collectively, "Trademarks") on the Website are registered and unregistered trademarks of Geoponics Corp. Use of the Website in no way grants any license or right to use any Trademark displayed on the Website. Geoponics Corp requires prior written approval for the use of the Trademarks, as part of a link to or from any website. Geoponics Corp also requires prior written approval to use the Geoponics Corp's Logo, Geoponics Corp's name and any other Geoponics Corp Trademark in any form of advertising or any other public use.
Terms of Sale
By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price and are only offered in the United States including Alaska and Hawaii. For large quantities of product(s), we recommend that you contact us for different pricing and shipping options. Dispatch times may vary according to availability and subject to any delays resulting from postal delays or force majeure for which we will not be responsible.
All billing and registration information provided by you must be accurate, complete and correct. Submitting inaccurate, incomplete or incorrect information constitutes a breach of the Terms. By confirming your purchase at the end of the checkout process, you agree to accept and pay for the items, products and /or services that you have requested. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place your order through paypal.com and that there are sufficient funds to cover the cost of the goods.
In order to contract with Geoponics Corp you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. Geoponics Corp retains the right to refuse any request made by youat its sole discretion.
If your order is accepted we will inform you by email and we will confirm the identity of the party with which you have contracted. This will usually beGeoponics Corp or may in some cases be a third party.
(a) Our Contract
When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order from PayPal: this email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until a confirmation by e-mail is sent to you that the goods which you ordered have been dispatched to you. This email confirmation may be sent by us or some other third party, such as paypal.com. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.The risk of loss and title for the purchased goods pass to you upon Geoponics Corp’s delivery of the purchased goods to the carrier.
(b) Pricing and Availability
While we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered, we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you, we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.
Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the 'Total Cost'.
(c) Payment
As stated above, all payments through this Website are made through paypal.com. Please consult PayPal’s legal agreements to verify their procedures and policies on how payment for the products ordered are handled. It is our understanding that your card will be debited upon authorization being received. The monies received upon the debiting of your card shall be treated as a deposit against the value of the goods you wish to purchase. Once the goods have been dispatched and you have been sent a confirmation email, the monies paid as a deposit shall be used as consideration for the value of goods you have purchased as listed in the confirmation email.
(d)Return policy
ALL SALES ARE FINAL ONCE THE ORDER HAS BEEN SHIPPED. ANY PRODUCTS SHIPPED TO YOU CANNOT BE RETURNED TO THE EXTEND APPLICABLE BY LAW. ONCE AN ORDER IS SHIPPED, REFUNDS ARE NOT AVAILABLE.
Disclaimer of Warranties and Limitations of Liability
The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. The Website, the materials and all products and services offered through the Website are provided “as is” and “as available” and without warranties of any kind, either expressed or implied. Your use of the Website and any materials provided through the Website are entirely at your own risk. Unless expressly stated to the contrary to the fullest extent permitted by law, Geoponics Corp and its suppliers, content providers and advertisers and all of their respective officers, directors, employees, attorneys, agents and representatives hereby expressly exclude all conditions, warranties, liabilities, and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. The disclaimed warranties also include, where possible and without limitation, implied warranties of title, non-infringement, accuracy, merchantability and fitness for a particular purpose, and any warranties that may arise from course of dealing, course of performance or usage of trade. This does not affect Geoponics Corp's liability which cannot be excluded or limited under applicable law.
Geoponics Corp and its suppliers, content providers, advertisers, agents and representatives do not warrant that your use of the Website will be uninterrupted, error-free or secure; that defects will be corrected; or that the Website or the server(s) on which the Website is hosted are free of viruses, bugs or other harmful components. You acknowledge that you are responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed to access and use the Website, and all charges related thereto. You assume all responsibility and risk for your use of the Website and your reliance thereon. No opinion, advice or statement by Geoponics Corp, or Geoponics Corp’s suppliers, content providers, advertisers, agents, representatives or visitors, whether made on the Website or otherwise, shall create any warranty.
You expressly acknowledge and agree that Geoponics Corp shall have no liability or responsibility whatsoever for: (1) any unauthorized access to or use of servers on which the Website is hosted and /or on which any of your personal information and /or financial information stored therein; (2) any interruption or cessation of transmission to or from the Website; (3) any bugs, viruses, worms, trojan horses, defects, date bombs, time bombs or other items of a harmful nature which may be transmitted to or through the Website by a third party; and /or (4) any errors, mistakes, inaccuracies or omissions in any materials. Geoponics Corp does not warrant, endorse, guarantee or assume responsibility for any hyperlinked Website.
Your use of the Website is unauthorized in any jurisdiction outside the United States. Your use of the Website is unauthorized in any jurisdiction that does not give full effect to all provisions of the Terms. Geoponics Corp makes no representation or warranty that materials and content on the Website are appropriate or available for use in any particular jurisdiction. Use of the Website in any jurisdiction where all or any portion of the Website might violate any legal requirements is prohibited and you agree not to access the Website in any such jurisdiction. You are responsible for complying with all applicable laws. Any use in contravention of any provision of the Terms is at your own risk.
Linking to this Website
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link that presents false or misleading impressions about Geoponics Corp or otherwise damage the goodwill associated with the Geoponics Corp name and trademarks. You must not establish a link that facilitates creating comparisons of Geoponics Corp products or services with competitive products or services without express written consent. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right at our sole discretion to withdraw linking permission without notice.
By linking to the Website, linking party agrees to indemnify and hold Geoponics Corp, its directors, officers, and employees safe and harmless from, and against, any and all loss, cost, damage, claims, actions, or liability arising from any suchlink. Geoponics Corp shall have no liability for any indirect, exemplary, incidental, punitive, special, or consequential damages with regard to the linking or use of such link. Geoponics Corp makes no warranties, express or implied, with respect to such links.
Indemnity
You agree to indemnify, defend and hold harmlessGeoponics Corp its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal and accounting fees) arising from your use of this Website or your breach of the Terms.
Variation
Geoponics Corp shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the services and products provided by and offered through and/or any page of this Website.
Dispute Resolution and Choice of Law
You agree that any issue or dispute arising out of or in connection with your use of the Website, intellectual property, the Terms, including the Privacy Policy, or any matter concerning Geoponics Corp shall be governed by the laws of the United States and the State of Florida.
You hereby consent to the exclusive jurisdiction and venue of the courts, tribunals, agencies and
other dispute resolution organizations in the Naples/Fort Myers area of Florida, in all disputes (i) arising out of, relating to or concerning this agreement, the Website and your use thereof; (ii) in which the Website and/or this agreement is an issue or a material fact; or (iii) in which the Website or this agreement is referenced in a paper filed in a court, tribunal, agency or other dispute resolution organization.
By using the Website, you agree to comply with all applicable laws and regulations, including export and re-export control laws and regulations of the United States. You agree to waive, to the fullest extent allowed by applicable law, any claims for punitive or exemplary damages and any right to pursue claims on a class or consolidated basis or in a representative capacity, which relate in any way to the Website or this agreement.
To the extent applicable by law, ALL RESOLUTIONS OF DISPUTES ARE TO BE HANDLED BY ARBITRATION INSTEAD OF COURT PROCEEDINGS.Arbitration is final, binding and subject to limited review by a court. You agree that this arbitration section shall survive termination of this agreement. This section shall be broadly interpreted to encompass all disputes or claims arising out of or relating to your use of the Website. Any dispute or claim made by you against Geoponics Corp, directors, officers, employees,agents and/or representatives arising out of or related to your use of the Website, whether based on contract, statute, tort, fraud, misrepresentation or any other legal theory, will be resolved by binding arbitration.
You must first present any claim or dispute to Geoponics Corp by contacting Geoponics Corp to allow Geoponics Corp the opportunity to resolve any dispute. You may request arbitration if your dispute cannot be resolved within sixty (60) days.
The arbitration of any dispute or claim shall be conducted with the rules of a nationwide arbitration organization as modified by this agreement. You and Geoponics Corp agree that this agreement evidences a transaction in interstate commerce and this arbitration provision will be interpreted and enforced in accordance with the U.S. Federal Arbitration Act and federal arbitration law.
Any such arbitration shall be brought and held in Naples, Florida, or some other location in Florida of Geoponics Corp’s choosing, and will be conducted in the English language. An arbitrator may not (i) award relief in excess of or contrary to what this agreement provides; (ii) order consolidation or arbitration on a class wide or representative basis; or (iii) award punitive damages or any other damages aside from the prevailing party’s actual damages, except that the arbitrator may award on an individual basis damages required by statute and may order injunctive or declaratory relief pursuant to an applicable consumer protection statute.
The decisions of the arbitrator(s) shall be binding and conclusive upon all parties involved, and any judgment or decision on any arbitration may be entered in and specifically enforced in any court having proper jurisdiction.
If any portion of this section is determined by a court to be inapplicable or invalid, then the remainder shall be given full force and effect.
All administrative fees and expenses of arbitration will be divided equally between you and Geoponics Corp. Each party will bear the expense of its own counsel, experts, witnesses and preparation and presentation of evidence at any arbitration hearing. If the arbitrator(s) determine that the arbitration request was unreasonably and capriciously initiated by you, then the arbitrator(s) have the discretion to award fees and expenses to Geoponics Corp that are incurred by Geoponics Corp associated with the arbitration, including but not limited to attorney fees.
Entire Agreement
The Terms and the applicable terms of sale constitute the entire agreement between you and Geoponics Corp with respect to the subject matter thereof. The above Terms constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and Geoponics Corp. No modification of the Terms shall be effective unless such modification is authored by Geoponics Corp.
Any rights not expressly granted to you herein are reserved by and to Geoponics Corp and its affiliates and other third parties.
If any part of these Terms is found to be invalid or unenforceable under applicable law, you agree that the invalid or unenforceable provision will be superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the agreement shall continue to govern your use of the Website.
