Terms & Conditions
Last updated: May 4, 2017
Welcome to [www.thetreetrunkco.com]. The Tree Trunk Corporation / Tree Trunk USA LLC and/or its affiliates (“Tree Trunk”) provide website features and other products and services to you when you visit or shop at [www.thetreetrunkco.com], and/or purchase or use Tree Trunk products or services (collectively, “Tree Trunk Services”). Tree Trunk provides the Tree Trunk Services subject to the following terms and conditions.
By using Tree Trunk Services, you agree to these conditions. Please read them carefully.
We offer a wide range of Tree Trunk Services, and sometimes additional terms may apply. When you use a Tree Trunk Service (for example, [www.thetreetrunkco.com], or Tree Trunk applications for mobile) you also may be subject to certain other guidelines, terms and agreements applicable to that Tree Trunk Service (“Service Terms”). If these Terms & Conditions are inconsistent with the Service Terms, those Service Terms will control.
When you use any Tree Trunk Service, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other Tree Trunk Services, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included in or made available through any Tree Trunk Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of Tree Trunk or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any Tree Trunk Service is the exclusive property of Tree Trunk and protected by U.S. and international copyright laws.
Graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Tree Trunk Service are trademarks or trade dress of Tree Trunk in the U.S. and other countries. Tree Trunk’s trademarks and trade dress may not be used in connection with any product or service that is not Tree Trunk’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Tree Trunk. All other trademarks not owned by Tree Trunk that appear in any Tree Trunk Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Tree Trunk.
LICENSE AND ACCESS
Subject to your compliance with these Terms & Conditions and your payment of any applicable fees, Tree Trunk or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Tree Trunk Services. This license does not include any resale or commercial use of any Tree Trunk Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Tree Trunk Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Terms & Conditions or any Service Terms are reserved and retained by Tree Trunk or its licensors, suppliers, publishers, rightsholders, or other content providers. No Tree Trunk Service, nor any part of any Tree Trunk Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Tree Trunk. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Tree Trunk without express written consent. You may not use any meta tags or any other “hidden text” utilizing Tree Trunk’s name or trademarks without the express written consent of Tree Trunk. You may not misuse the Tree Trunk Services. You may use the Tree Trunk Services only as permitted by law. The licenses granted by Tree Trunk terminate if you do not comply with these Terms & Conditions or any Service Terms.
If you use any Tree Trunk Service, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Tree Trunk does NOT sell products for children, and only sells products to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may NOT use the Tree Trunk Services. Tree Trunk reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
Visitors may post reviews, comments, photos, videos, and other content; send certain communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any content. Tree Trunk reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant Tree Trunk a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Tree Trunk and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Tree Trunk for all claims resulting from content you supply. Tree Trunk has the right but not the obligation to monitor and edit or remove any activity or content. Tree Trunk takes no responsibility and assumes no liability for any content posted by you or any third party.]
RISK OF LOSS
All items purchased from Tree Trunk are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
RETURNS, REFUNDS AND TITLE
Tree Trunk does not take title to returned items until the item arrives at our offices and is inspected and approved by Tree Trunk.
Tree Trunk attempts to be as accurate as possible. However, Tree Trunk does not warrant that product descriptions or other content of any Tree Trunk Service is accurate, complete, reliable, current, or error-free. If a product offered by Tree Trunk itself is not as described, your sole remedy is to return it in unused condition.
Pricing of Tree Trunk offered items are as determined by Tree Trunk in its sole discretion, and are subject to change at any time by Tree Trunk.
Parties other than Tree Trunk may operate stores, provide services, or sell product lines through the Tree Trunk Services. In addition, we may provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their Web sites. Tree Trunk does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE TREE TRUNK SERVICES AND PRODUCTS, AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE TREE TRUNK SERVICES ARE PROVIDED BY TREE TRUNK ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. TREE TRUNK MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE TREE TRUNK SERVICES, THE FUNCTIONALITY OF THE TREE TRUNK PRODUCTS, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE TREE TRUNK SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE TREE TRUNK SERVICES AND PRODUCTS IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, TREE TRUNK DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TREE TRUNK DOES NOT WARRANT THAT THE TREE TRUNK SERVICES, PRODUCTS, INFORMATION, CONTENT, MATERIALS, OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE TREE TRUNK SERVICES, TREE TRUNK’S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM TREE TRUNK ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TREE TRUNK WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY TREE TRUNK PRODUCT OR SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY TREE TRUNK SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
CERTAIN STATE AND PROVINCIAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Any dispute or claim relating in any way to your use of any Tree Trunk Service, or to any products or services sold or distributed by Tree Trunk or through [www.thetreetrunk.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.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Terms & Conditions as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent Corporation Services of America, 530 South 8th Street, Las Vegas, NV 89101. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. Tree Trunk may seek attorneys’ fees and costs in arbitration. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
By using any Tree Trunk Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Nevada, without regard to principles of conflict of laws, will govern these Terms & Conditions and any dispute of any sort that might arise between you and Tree Trunk.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
The Tree Trunk Corporation
22 Meadow Pointe Drive
Heritage Pointe, AB
How to Serve a Subpoena
If you have a subpoena to serve on Tree Trunk, please note that Tree Trunk does not accept service via e-mail or fax and will not respond to the subpoena. All subpoenas must be properly served on Tree Trunk, preferably by mailing the subpoena to Corporate Services of America (CSA), Tree Trunk’s national registered agent. Please find below the Nevada address for CSA (the CSA office in your jurisdiction may be located through the Secretary of State’s website):
Tree Trunk USA LLC
Corporation Services of America
530 South 8th Street
Las Vegas, NV 89101
Please note also that providing detailed and accurate information at the outset will facilitate efficient processing of your request. That information will include, for example, e-mail and/or credit card number used to make purchases, and the date(s) of such purchases.
No Reverse Engineering. You may not, and you will not encourage, assist or authorize any other person to copy, modify, reverse engineer, decompile or disassemble, or otherwise tamper with, the Tree Trunk Services (including without limitation Tree Trunk products), whether in whole or in part, or create any derivative works from or of the Tree Trunk Services (including without limitation Tree Trunk products).
The products listed on [www.thetreetrunkco.com] are intended for tobacco and/or legal smoking blend storage and use purposes only. Please exit this site if you do not accept these terms and conditions or are not of a legal age in your place of residence to purchase tobacco related products, or are in a country where use of this site is not permitted.
You agree that any tobacco products, accessories, or supplies purchased by you will be used for lawful purposes, including tobacco or legal blend (as defined in your applicable municipality) use only and that it is legal in your country and/or state to purchase tobacco-related products.
Use of Tree Trunk products is entirely at the risk and discretion of the user and Tree Trunk will not be responsible for any use or misuse of the products sold herein.