Welcome to The Green Scissor
PLEASE READ THESE TERMS OF SERVICE BEFORE USING THE GREEN SCISSOR WEBSITE ONLINE SERVICES, EMAIL COMMUNICATIONS, PLATFORMS AND DIGITAL SERVICES (COLLECTIVELY THE “PROPERTIES” or “SERVICES”).
THESE TERMS AND CONDITIONS CONTAIN A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
Modification and Changes to the Terms
Note for Non-U.S. Visitors
The Online Services and products offered on The Green Scissor website are intended only for residents of the fifty United States and the District of Columbia and are not directed to individuals residing outside the United States. The Green Scissor makes no claims that the Online Services are appropriate or legal outside of the United States. If you reside outside the United States, do not access or use the Online Services.
Children’s Online Privacy Protection Act Notification
These Services are not intended for anyone under the age of 13, and we do not knowingly collect personal information from children under 13. In the event that we learn that we have collected personal information from a child under the age of 13 without parental consent, we will delete that information and otherwise comply with the requirements of any applicable law including the Children’s Online Privacy Protection Act. If you believe that we might have any information from or about a child under the age of 13, please contact us at grow[at]thegreenscissor[dot]com.
Pursuant to 47 U.S.C. Section 230(d) as amended, The Green Scissor hereby notifies you that parental control protections (such as computer hardware, software or filtering services) are commercially available and may assist you in limiting access to material that is harmful to minors.
Suspension or Termination of Your Use of the Properties
We reserve the right to change, suspend or discontinue any aspect of the Properties at any time and from time to time, in our sole discretion and without notice or liability, including by adding or eliminating certain features or discontinuing the Properties entirely. Any description of features on the Properties shall not be considered to be a representation by The Green Scissor that such features will always be included. From time to time, we may restrict access to some or all of the Properties, including for Registered Users. We also reserve the right to terminate or suspend your Account or restrict your use of or access to the Properties, without notice or liability, for any reason or no reason at our sole discretion. Accordingly, for any reason, and without notice, all or any part of the Properties may become unavailable to you at any time and for any period.
If we suspend or discontinue any aspect of the Properties or terminate your Account, we are not responsible for providing you with any information or content. We may also delete your other preferences and interests to the extent stored within or in connection with your Account. You have no recourse with regard to any information that we delete regardless of any value you may ascribe to such information. We expressly disclaim any value you may attribute to any of your information stored on our servers.
Copyright and Trademarks
The Green Scissor owns the intellectual property rights for all material on the website. All content including but not limited to designs, structure, logos, graphics, product literature, product packaging, advertising materials and the contents of this website, is owned by or licensed to the Site and is protected under the United States copyright laws and under various international laws and treaties and is the property of The Green Scissor.
All trademarks, service marks and trade names of The Green Scissor used in the site are trademarks or registered trademarks of The Green Scissor.
You must not:
Republish material from the website.
Sell, rent or sub-license material from the website.
Reproduce, duplicate or copy material from the website.
Redistribute content from The Green Scissor (unless content is specifically made for redistribution).
Mirror, frame, screen scrape or deep link to any aspect of the Properties
Access any Content through technology or means other than those provided or authorized by us
Notification of Infringement:
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the following information to The Green Scissor as follows: The Green Scissor Copyright Dept, 304 E Gobbi St #B Ukiah CA 95482
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
A description of the copyrighted work or other intellectual property that you claim has been infringed;
A description of where the material that you claim is infringing is located on the site;
Your name, address, telephone number and e-mail address;
A signed statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
A statement by you, made under penalty of perjury, that the information provided in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
The Site may, under appropriate circumstances and at our own discretion, disable and/or terminate the accounts of users who may be repeat infringers.
UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.
Harassment in any manner or form on The Green Scissor Online Services by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a The Green Scissor or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
You agree not to transmit spam or other unsolicited communications. You agree not to create or use a false identity or contact information for the purpose of misleading The Green Scissor or others. You agree not to conduct a denial of service attack or distributed denial of service attack.
You may purchase with or without establishing a user account with this website. Registering for an account with us allows you to use certain features of the website such as tracking order history. If you elect to take advantage of such features, you must register for an account through the website by completing the applicable registration form to create your account with a unique username and password. The decision to provide this information is purely optional; however, if you elect not to provide such information, you may not be able to access certain content or participate in certain features of the website.
If you choose to register an account on this website, you will create a username and password for your account. By creating an account, you agree: (a) that you are able to and have the appropriate authority and authorization to create a binding agreement with The Green Scissor; (b) provide true, accurate, current and complete information about yourself and business when we request it; (c) maintain and promptly update this information to keep it true, accurate, current and complete to the extent the website permit such updates; and (d) use limited-access portions of the website only using access credentials that we have issued to you. It is your responsibility to maintain the confidentiality of your account. The Green Scissor, Inc encourages you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. You must notify The Green Scissor, Inc immediately of any unauthorized use of your credentials or any other breach of security. Even if you notify us, you will be responsible for any activities that occur using your access credentials, including any charges resulting from the use of your account. The Green Scissor, Inc will not be liable for any losses caused by any unauthorized use of your account.
By providing The Green Scissor, Inc your email address you consent to our using the email address to send you account and order information, website-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the website and special offers.
Consent to Electronic Communication
You consent to receive communications from us, whether required by law or otherwise, either by e-mail if you have provided us with your e-mail address or phone as determined by us in our sole discretion. You agree that any requirement that a notice, disclosure, agreement or other communication be sent to you by us in writing is satisfied by such electronic communication. We are not responsible for any automatic filtering you or your network provider may apply to communications we send to an e-mail address that you provide to us.
Purchasing Products and Payments
While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute acceptance of an order or confirmation of an offer to sell a Product. We reserve the right, without prior notice, to limit the order quantity on any Product, to reject any order, and/or to cancel any order at any time. We may require verification of information prior to the acceptance and/or shipment of any order.
By placing an order for Products on the Online Services, you agree to pay all Product prices, together with all applicable fees, charges, and taxes as displayed during the checkout process, including fees for delivery. You represent and warrant that you are the holder of and have the right to use the credit card, debit card, or other payment method you provide to us.
We take reasonable care to make our Properties secure. All credit/debit card transactions on the Website are processed using Authorize.net, a secure online payment gateway that encrypts your credit/debit card details in a secure host environment. These details will only be used to process credit/debit card transaction which you have initiated. We do not store your credit card information on our Website.
All credit card account holders are subject to validation and authorization by the card issuer. If the issuer of your payment card refuses to authorize payment to us, we will not be liable for any non-delivery or delay of orders. Payment will be debited and cleared from your account upon dispatch of your order by The Green Scissor. If there is a problem charging your selected payment card, we may contact you.
Prices shown on the Online Services are in US Dollars and are exclusive of taxes. Sales tax is charged on orders when applicable.
The products and services offered on the Online Services and the features, contents, specifications, availability, and prices of the Products are subject to change at any time without notice.
All information, product prices, product images and product specifications are subject to change without notice. The Green Scissor does its best to be accurate, but clerical or other mistakes may occur. In the event that a The Green Scissor product is mistakenly listed at an incorrect price, The Green Scissor reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. The Green Scissor reserves the right to cancel orders it is unable to fulfill due to inventory shortages at any time. The Green Scissor reserves 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 cancelled, The Green Scissor shall issue a credit to your credit card account in the amount of the incorrect price.
In an attempt to provide increased value to our visitors and customers, The Green Scissor may link to sites operated by third parties such as YouTube. However, even if the third party is affiliated with The Green Scissor, The Green Scissor has no control over these linked sites, all of which have separate privacy and data collection practices, independent of The Green Scissor. These linked sites are for your convenience and therefore you access them at your own risk. Nonetheless, The Green Scissor seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
Place of Sale
Any sale of goods in response to your order will be deemed for all purposes to take place at The Green Scissor headquarters in Ukiah, California.
Governing Law; Dispute Resolution
You agree that all matters relating to your access to or use of The Green Scissor Online Services, including any sale of products, all rights, obligations, claims and liabilities, and all disputes, will be governed by the laws of the United States and by the laws of the State of California without regard to choice-of-law principles. You agree to the personal jurisdiction by and venue in the state and federal courts in Mendocino County, California and waive any objection to such jurisdiction or venue.
You understand that products offered by The Green Scissor may contain materials that could be dangerous if handled improperly, and you acknowledge that The Green Scissor is not liable for any personal injury or property damage arising from any misuse of any products offered through the Properties. You further acknowledge that products may not be suitable for use by children, and you expressly assume sole liability for providing any individual under the age of 18 with access to any products. You hereby agree not use products for any illegal purpose and you assume all liability for any action you take for any action that is contrary to any law, rule, or regulation of any territory.
Under California Civil Code Section 1789.3, California users of the Properties receive the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1020 N Street, #501, Sacramento, California 95814, or by telephone at 1-916-445-1254.
No Warranty/Limitations of Liability
The information, software, products and services included in or available through the Properties are continually upgraded and updated. While The Green Scissor will use commercially reasonable efforts to verify the accuracy of any information it places on the Properties, The Green Scissor does not warrant or represent that such information, products and/or services are reliable, accurate, complete, uninterrupted, error free, secure or free of defects, viruses or bugs. To the fullest extent permitted by applicable law The Green Scissor assumes no responsibility for, and shall not be liable for, any damages to, or viruses that may infect, your computer, telecommunication equipment, mobile devices, or other property caused by or arising from your downloading, installation, or use of access to, or browsing online services or your downloading, installation, or use of software, content, or materials from the online services.
In no event will The Green Scissor be liable to you or any party for any indirect, special, punitive, incidental or consequential damages arising out of the use, inability to use, or the results of the use of the Online Services, Products and Services offered on the Online Services.
In the event of any problem with the Online Services, you agree that your sole remedy is to cease using the Online Services.
ACCORDINGLY, THE PROPERTIES IS PROVIDED “AS IS” AND “AS AVAILABLE” WITH NO REPRESENTATION OR WARRANTY OR CONDITION OF ANY KIND AND YOUR USE OF THE PROPERTIES IS ENTIRELY AT YOUR OWN RISK. THE GREEN SCISSOR EXPRESSLY DISCLAIM ANY WARRANTY OR CONDITION, EXPRESS OR IMPLIED, REGARDING THE PROPERTIES, INFORMATION, SOFTWARE, PRODUCTS SERVICES OR RELATED GRAPHICS, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY PURPOSE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, COMPATIBILITY, SECURITY AND ACCURACY, AND ALL WARRANTIES THAT MAY ARISE FROM A COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. IN STATES AND JURISDICTIONS IN WHICH THE EXCLUSION OF WARRANTY IS PROHIBITED, SUCH EXCLUSIONS SHALL ONLY APPLY TO THE EXTENT PERMITTED.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE GREEN SCISSOR BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR INTERRUPTION OF BUSINESS, SYSTEM FAILURES, INCLUDING VIRUSES OBTAINED DURING HYPERLINK, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT GOODS, DATA NON-DELIVERY, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OF OR INABILITY TO USE THIS WEBSITE, ANY THE GREEN SCISSOR PRODUCT OR LINKS TO ANY THIRD PARTY SITE FROM THE WEBSITE, DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENT, LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WEBSITE, WITH THE DELAY OR INABILITY TO USE THE WEBSITE, THE PROVISION OF OR FAILURE TO PROVIDE WEBSITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE GREEN SCISSOR OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE, OR WITH ANY OF THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.
ADVICE RECEIVED VIA THE WEBSITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
You acknowledge and agree that any reliance on the information and other materials included on the Properties shall be at your sole risk and responsibility. The Green Scissor reserves the right, in its sole and absolute discretion, to correct any errors or omissions in any part of the Properties and to make changes to the services, materials, products, programs and features included therein at any time with or without notice.
Indemnity and Release
You agree to defend, indemnify, and hold harmless The Green Scissor and its agents, managers, affiliates, licensors, licensees, successors and assigns and each of their respective directors, officers, contractors, employees, agents, service providers and partners (“Indemnified Parties”), from and against any demands, losses, cost or debt, liabilities, claims or expenses (including reasonable attorneys’ fees) made against The Green Scissor by any third party due to or arising out of or in connection with (i) your use of and access to the Properties, including any data or content transmitted or received by you; (ii) your violation of any term of these Terms; (iii) your violation of any third-party right, including without limitation any right of privacy, right of publicity or intellectual property rights; (iv) your violation of any applicable law, rule or regulation; (v) your User Generated Material or any that is submitted via your account; or (vi) any other party’s access and use of the Properties with your unique username, password, or other appropriate security code.
California Residents: you expressly waive CA Civil Code §1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
Binding Arbitration/Class Waiver
For any dispute with The Green Scissor you agree to first contact us and attempt to resolve the dispute with us informally. In the unlikely event that The Green Scissor has not been able to resolve a dispute it has with you after attempting to do so for a period of sixty (60) days, we each agree to resolve any claim, dispute, or controversy (excluding any of The Green Scissor’s claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms and Conditions, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by the American Arbitration Association (“AAA”) in the city of Ukiah, CA under the commercial rules then in effect for the AAA, except as provided herein. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall be deemed as preventing The Green Scissor from seeking injunctive or other equitable relief from the courts as necessary to protect any of The Green Scissor proprietary interests.
ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND THE GREEN SCISSOR ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.
Choice of Law / Jurisdiction
The laws of the State of California govern these Terms and Conditions and any dispute of any sort that may arise between you and The Green Scissor or its affiliates, without regard to conflict of laws rules, as if entered into by residents of Wisconsin and fully performed therein. You irrevocably consent to the jurisdiction of the state courts located in or serving Mendocino County, California or a federal court in California for any action relating to the Website or these Terms and Conditions. Notwithstanding any other provision of these Terms and Conditions, we may seek injunctive or other equitable relief from any court of competent jurisdiction.
We make no representation that any Website is appropriate or available for use in any particular location. Those who choose to access the Website do so on their own initiative and are responsible for compliance with all applicable laws including any applicable local laws.
Assignment / Entire Agreement / Severability / Admissibility
These Terms and Conditions, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by The Green Scissor without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
Unless otherwise specified herein, these Terms and Conditions constitutes the entire agreement between the user and The Green Scissor with respect to the Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and The Green Scissor with respect to the Website
If any part of these Terms and Conditions is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.
Modification and Changes to these Terms and Conditions
We reserve the right, in our sole discretion, to change these Terms and Conditions at any time by posting a revised Terms and Conditions on the Website. It is your responsibility to check periodically for any changes we may make to these Terms and Conditions. Your continued use of the Website following the posting of changes to these Terms and Conditions other policies means you accept the changes.
No waiver of any term of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term, and The Green Scissor’s failure to assert any right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.
By email: grow[at]thegreenscissor[dot]com
By phone: (707) 468.6440
The Green Scissor
304 E Gobbi St #B
Ukiah CA 95482