Terms of Use

Updated May 15, 2024

These Terms of Use apply to myurbangarden.com (the "Website"). This Website is operated by Urban Garden and Home, Inc. d/b/a Urban Garden ("Urban Garden," "we," or "us").

PLEASE READ THESE TERMS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION THAT MAY AFFECT YOUR LEGAL RIGHTS, INCLUDING REQUIRING INDIVIDUAL ARBITRATION OF ANY POTENTIAL LEGAL DISPUTES BETWEEN YOU AND URBAN GARDEN AND WAIVING ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. Your access and use of this Website, among other things, are governed by these Terms of Use. All references to "using" or "use" of the Website in these terms include accessing, visiting, or interacting with the Website in any way. By using the Website, you are agreeing to follow these rules and to be bound by them. If you do not agree with any of these Terms of Use, do not use the Website.

You may not use or enroll in or purchase any products, and you may not accept this Agreement, if you are not of a legal age to form a binding contract with Urban Garden. If you accept this Agreement, you represent that you have the capacity to be bound by it or if you are acting on behalf of a company or entity that you have the authority to bind.

All inquiries may be directed to:

Urban Garden and Home, Inc
1414 4th St, Ste 101
Santa Rosa, CA 95404

Privacy

Please review our Privacy Policy, which also governs your use of the Website, to understand our privacy-related practices.

DISPUTE RESOLUTION POLICY: BINDING ARBITRATION

MOST CUSTOMER CONCERNS CAN BE RESOLVED QUICKLY AND TO THE CUSTOMER'S SATISFACTION BY CONTACTING CUSTOMER SERVICE AT (707) 543-7037. IN THE UNLIKELY EVENT THAT CUSTOMER SERVICE IS UNABLE TO RESOLVE YOUR CONCERNS, WE EACH AGREE TO RESOLVE DISPUTES THROUGH BINDING ARBITRATION OR SMALL CLAIMS COURT, INSTEAD OF IN COURTS OF GENERAL JURISDICTION TO THE FULLEST EXTENT PERMITTED BY LAW, AND SUBJECT TO THE TERMS OF THIS AGREEMENT. ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS TO THE MAXIMUM EXTENT PERMITTED BY LAW; CLASS ARBITRATIONS, CLASS ACTIONS OR REPRESENTATIVE ARBITRATIONS ARE NOT PERMITTED. IN ARBITRATION, BOTH YOU AND URBAN GARDEN WILL BE ENTITLED TO RECOVER ATTORNEYS' FEES FROM THE OTHER PARTY TO THE SAME EXTENT AS YOU WOULD BE IN COURT.

If we are not able to resolve the dispute, and neither party chooses small claims court to resolve the dispute, you and Urban Garden agree to arbitrate any and all disputes and claims between you and us arising out of or relating to this Agreement, use of the Websites, products, or services, whether you are a visitor to the Website or a customer, except any disputes or claims which under governing law are not subject to arbitration, to the maximum extent permitted by applicable law. This agreement to arbitrate is intended to be broadly interpreted and to make all disputes and claims between us subject to arbitration to the fullest extent permitted by law. However, any dispute you or we may have relating to copyrights or other intellectual property (as set forth in below) shall not be governed by this agreement to arbitrate. For the avoidance of doubt, this means that any claims you or we may have relating to intellectual property rights against the other, including injunctive and other relief sought, may be brought in a court of competent jurisdiction.
For purposes of this arbitration provision, references to "Urban Garden," "you," and "us" shall include our respective parent entities, subsidiaries, affiliates, agents, employees, predecessors in interest, successors and assigns, websites of the foregoing, as well as all authorized or unauthorized users or beneficiaries of services, products or information provided or made available under this or prior Agreements between us relating to or arising from any aspect of your use of the Website. Notwithstanding the foregoing, either party may bring an individual action in small claims court. You agree that, by entering into this Agreement, you and Urban Garden are each waiving the right to a trial by jury or to participate in a class or representative action to the maximum extent permitted by law. This Agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this arbitration provision.
A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute ("Notice"). The Notice to Urban Garden should be addressed to: Urban Garden and Home, Inc., 1414 4th St, Ste 101, Santa Rosa, CA 95404 ("Notice Address"). The Notice must describe the nature and basis of the claim or dispute and set forth the specific relief you seek from Urban Garden ("Demand"). If Urban Garden and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Urban Garden may commence an arbitration proceeding. In arbitration, and to the extent otherwise permitted by law, the parties may exchange "offers of compromise" or stipulate to judgments or awards in the same way the parties could in court, including for example, under California Code of Civil Procedure Section 998 for arbitrations taking place in California. Such offers of compromise shall have the same force and effect as they would in a court proceeding. The arbitration proceedings shall otherwise remain confidential, except for purposes of seeking court intervention (if necessary).
The arbitration will be governed by the Consumer Arbitration Rules (the "AAA Rules") of the American Arbitration Association ("AAA"), as modified by this Agreement, and will be administered by the AAA. The AAA Rules are available online at www.adr.org, by calling the AAA at (800) 778-7879, or by writing to the Notice Address.
All issues are for the arbitrator to decide, including the scope and enforceability of this arbitration provision as well as the Agreement's other terms and conditions, and the arbitrator shall have exclusive authority to resolve any such dispute relating to the scope and enforceability of this arbitration provision or any other term of this Agreement including, but not limited to any claim that all or any part of this arbitration provision or Agreement is void or voidable.
The place of arbitration shall be Santa Rosa, CA. The arbitration shall be governed by the laws of the State of California. Case Management Conferences and other hearings shall be heard via telephone unless otherwise agreed to. Parties must attend all telephonic and in-person hearings and Case Management Conferences with counsel unless otherwise agreed to by the parties.
If you believe that the costs of arbitration will be prohibitive as compared to the costs of litigation and you would like to submit a request to Urban Garden to pay administrative costs and arbitrator's fees, please submit your request and the reason for your request to the Urban Garden Legal Department contact assigned to your case. If Urban Garden denies your request, and you continue to believe the cost of arbitration is prohibitive as compared to the costs of litigation, you may ask that in the final award, the arbitrator apportion the costs of arbitration and arbitrator fees among the parties in such amounts as the arbitrator deems appropriate to prevent the costs of arbitration from being prohibitive.
If, however, the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all such fees will be governed by the AAA Rules and the above paragraph shall not apply. If an arbitrator finds that your Demand is frivolous or brought for an improper purpose, you agree to reimburse Urban Garden for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules.
Discovery and/or the exchange of non-privileged information relevant to the dispute will be governed by the AAA Rules.
YOU AND URBAN GARDEN AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, TO THE MAXIMUM EXTENT PERMITTED BY LAW. If this specific subparagraph (e) is found to be unenforceable in its entirety, then the entirety of this arbitration provision shall be null and void. However, if only a portion of this subparagraph (e) is found to be unenforceable, then the unenforceable portion of the provision shall be stricken, and the remainder of subparagraph (e) enforced. Any claims or causes of action seeking relief not subject to individual arbitration under applicable law shall be stayed in a court of competent jurisdiction pending completion of individual arbitration to the maximum extent permitted by law.
Notwithstanding any provision in this Agreement to the contrary, we agree that if Urban Garden makes any material change to this arbitration provision (other than a change to the Notice Address) after your use of the Website, you may reject any such change and require Urban Garden to adhere to the language in this arbitration provision as written at the time of your use of the Website or the purchase at issue if a dispute between us arises, by providing Notice to Urban Garden at the Notice Address in subsection (b) above.

Copyright Notice

All of the content you see on the Website, including, without limitation, page headers, images, illustrations, graphics, audio clips, video clips, and text (the "Content") is the exclusive property of Urban Garden or is subject to trademark, service mark, trade dress, copyright and/or other intellectual property rights or licenses held by Urban Garden, its affiliates or third parties who have licensed or assigned their rights, interests and/or materials to Urban Garden. The Website is copyright protected as a collective work under U.S. and other applicable copyright laws, and Urban Garden owns a copyright in the selection, coordination, arrangement and enhancement of the Website and Content. The Content and the Website are intended solely for the personal and non-commercial use of the users of our Website. You may download, print and store copies of the Website, but only if (1) you use any such copies of the Content only for your own personal and non-commercial use, (2) you do not copy or post the Content on any network computer or broadcast the Content in any media and/or in any form or format, (3) you do not modify or alter the Content in any way, or delete or change any copyright or trademark notice, and (4) you properly credit any intellectual property rights to Urban Garden. No right, title or interest in any downloaded or copied materials are transferred to you as a result of any such downloading or copying. Urban Garden reserves complete title and full intellectual property rights in any Content you download from this Website. Urban Garden reserves all other rights not expressly granted above, and any other use requires Urban Garden's express written permission.

Notice of Copyright Infringement

We respect the intellectual property rights of others. Please notify us in writing by mail or email to our designated agent listed below if you believe that a user of our Website has infringed your copyright. Pursuant to Section 512 of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act ("DMCA"), to be effective the notification should include:

Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
Identification of the claimed infringing material and information reasonably sufficient to permit Urban Garden to locate the material on our websites and apps;
Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address;
A 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;
A statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and
Your physical or electronic signature.

You acknowledge and agree that upon receipt and notice of a claim of infringement, we may immediately remove the identified materials from our websites and apps without liability, and the claims of the complaining party and party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the DMCA.

Counter-Notice by Accused User

If we have taken down your materials due to suspicion of copyright infringement, you may dispute the alleged infringement by sending a written communication by mail or email to our designated agent below. That written communication should include the following:

Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which such address is located, or if your address is outside of the United States, the United States District Court for the Northern District of California, and that you will accept service of process from the person who provided notification of copyright infringement or an agent of such person; and
Your physical or electronic signature.

After we receive your counter-notification, we will forward it to the party who submitted the original claim of copyright infringement. Please note that when we forward the counter-notification, it includes your personal information. By submitting a counter-notification, you consent to having your information revealed in this way. We will not forward the counter-notification to any party other than the original claimant.

After we send out the counter-notification, the claimant must then notify us within 10 days that he or she has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the content that was removed or disabled. If we receive such notification we will be unable to restore the material. If we do not receive such notification, we may reinstate the material.

Please send all notices under the above copyright infringement policies to Urban Garden's agent for receipt of notifications of claimed infringement:

Urban Garden
1414 4th St, Ste 101
Santa Rosa, CA 95404
Email: info@myurbangarden.com
Phone: (707) 543-7037

Repeat Infringers

Your account may be terminated if, in our discretion, you are determined to be a repeat infringer. Repeat infringers are users who have been the subject of more than one valid takedown request that has not been successfully rebutted.

Submissions

We welcome your comments regarding the Website and our products. If you do provide comments, feedback, notes, messages, ideas, suggestions, product reviews, or other communications (collectively, "Comments") sent to us via the Website or any other way, you grant Urban Garden worldwide rights, titles, and interests in all copyrights and other intellectual property rights in the Comments. Urban Garden will be able to use, reproduce, disclose, publish, and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any Comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code, or original artwork.

You promise that:

You own all rights to your Comments or, alternatively, that you have the right to give us the rights described above; and
Your Comments do not infringe the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party.

We may refuse to accept or transmit Comments and we may remove Comments from the Website for any reason.

Product Descriptions

We have done our best to display as accurately as possible the colors, measurements, dimensions, and descriptions of the products shown on the Website. These are approximations to assist you in reviewing products, may not be exact, and are subject to change. For example, the colors you see might depend on your monitor, and we cannot guarantee that your monitor's display of any color will be accurate. If you are unhappy with your product, please see Urban Garden's Return Policy.

Gift Messages

We reserve the right to restrict or remove any content from a gift messages that we determine, in our sole discretion, is inappropriate, obscene, profane, or threatening, this includes, but is not limited to, content that:

Violates or could violate any applicable law, regulation, or Urban Garden rule or policy;
Is profane, libelous, defamatory, obscene, pornographic, indecent, lewd, unlawfully discriminatory, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable or harmful;
Impersonates any person or entity in any part of a gift message; or
Violates the intellectual property rights of any other person or entity.

Pricing

The prices displayed on this Website are quoted in U.S. Dollars and are valid and effective only in the United States. We do not ship outside of the United States. While we do our best to assure that the taxes quoted for a particular order are accurate for the location where the order is being shipped, if an inaccurate quote is provided, we will notify you before finalizing and shipping your order.

You will be responsible for all applicable taxes, regardless of the amount quoted on the Website at the time of your order. Product availability and prices are subject to change at any time and without notice.

Urban Garden reserves the right to correct any errors, inaccuracies or omissions and to change or update product pricing, availability or other information at any time without prior notice (including after you have submitted your order). For more information about how our products are priced, including sales and clearance items, please contact Customer Service. If you do not wish to continue your purchase after pricing or other information has been corrected, please contact us right away, and we will work with you to cancel or return your order.

Disclaimer

THIS WEBSITE AND ALL CONTENT AVAILABLE ON THIS WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE OR THOSE ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE, BY YOUR USE OF THIS WEBSITE THAT YOUR USE IS AT YOUR SOLE RISK AND THAT URBAN GARDEN AND ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, AND LICENSORS (COLLECTIVELY, "AFFILIATES") SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS WEBSITE.

IN PARTICULAR AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, URBAN GARDEN AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF CONTENT AVAILABLE ON OR THROUGH THE WEBSITE OR THE CONTENT OF ANY WEBSITES OR ONLINE SERVICES LINKED TO OR INTEGRATED WITH THE WEBSITE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, URBAN GARDEN AND ITS AFFILIATES WILL HAVE NO LIABILITY FOR ANY: (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (B) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF THE WEBSITE; (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR OF ANY PERSONAL INFORMATION OR USER DATA; (D) ANY INTERRUPTION OF TRANSMISSION TO OR FROM THE WEBSITE; (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED ON OR THROUGH THE WEBSITE; OR (F) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED OR SHARED THROUGH THE WEBSITE.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL URBAN GARDEN OR ITS AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING FOR THE INDIRECT LOSS OF PROFIT, REVENUE, OR DATA) ARISING OUT OF OR RELATING TO THE WEBSITE HOWEVER CAUSED, AND UNDER WHATEVER CAUSE OF ACTION OR THEORY OF LIABILITY BROUGHT (INCLUDING UNDER ANY CONTRACT, NEGLIGENCE, OR OTHER TORT THEORY OF LIABILITY) EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent we may not, as a matter of applicable law, disclaim any warranty or limit our liability, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such law.

Indemnification

To the fullest extent permitted by applicable law, you agree to defend, indemnify and hold Urban Garden and its Affiliates harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Website, including, without limitation, your use of the Website in violation of these Terms of Use.

Marketing Text Messaging

Urban Garden offers our customers mobile marketing messages. By participating in the Urban Garden marketing text messaging service, you are agreeing to these terms and conditions and to the Urban Garden online Terms of Use and Privacy Policy.

Customer Service Text Messaging

Urban Garden offers our customers mobile alerts about shipping and store pick up of online orders by SMS message, including text messages that may be sent using an automatic telephone dialing system (the "Service"). By participating in the Service, you are agreeing to terms and conditions in this section and to the broader Urban Garden online Terms of Use and Privacy Policy.

Signing Up and Opting-In to the Service

Enrollment in the Service requires you to provide your mobile phone number and to agree to these terms and conditions related to the Service (the "Mobile Service Terms"). Please only provide your own mobile phone number. You may not enroll if you are under 18 years old. You acknowledge that notices about your order will be sent to the number you provide and whoever has access to that mobile phone or the carrier account may be able to see this information.

Messages You May Receive

You will receive alerts for your online delivery and store pick up orders. For example, you may receive a notification for the following reasons: an item has shipped, is available for store pickup, or has been delivered; or a reminder to pick up the order. You will also receive email alerts to the email address you provide at the time of your order regarding order confirmation and status.

Message and Data Rates May Apply

You acknowledge that you are responsible for any message, data or other charges incurred from your wireless carrier (e.g., usage, subscription, etc.) as a result of using the Service. The Service may not be available on all wireless carriers. Urban Garden may add or remove any wireless carrier from the Service at any time without notice. Urban Garden is not responsible for any undue delays or errors in messages. We do our best to be accurate and to process the orders on time.

Questions

You can contact us at (707) 543-7037. We can answer any questions about the Service and your order. Urban Garden reserves the right to discontinue the Service at any time without notice.

PLEASE PRINT A COPY OF THESE MOBILE SERVICE TERMS FOR YOUR RECORDS. PLEASE CHECK BACK FREQUENTLY FOR ANY CHANGES TO THESE MOBILE SERVICE TERMS.

Other Provisions

To the extent it may proceed in court, any action relating to the use of the Website, catalogs or any transaction with Urban Garden must be brought in the state or federal courts located in Santa Rosa, California. You consent and submit to the personal jurisdiction of such courts for the purposes of any such action.

These Terms of Use will be governed by and construed in accordance with the laws of the State of California, without giving effect to any conflict of laws rules or provisions.

Under no circumstances will we be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond our reasonable control.

Except as specifically provided in these Terms of Use, if any provision of these Terms of Use is found to be unlawful or unenforceable, then that provision will be deemed severable from these Terms of Use and will not affect the enforceability of any other provisions.

The failure by us to enforce any right or provision of these Terms of Use will not prevent us from enforcing such right or provision in the future.

We may assign our rights and obligations under these Terms of Use, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law.

Links to Third Party Websites

Occasionally, we may make available a link or link equivalent (e.g., using an Instagram "Embed Code") to a third party's website. Clicking these links may result in leaving this Website. The linked websites are not under our control, and we are not responsible for the contents of any linked website or any link contained in a linked website, or any changes or updates to such websites. We are not responsible for webcasting or any other form of transmission received from any linked website. We provide the links to you only as a convenience. We do not endorse any third party linked website or its use or contents.

These Terms of Use May Change

Urban Garden reserves the right to make changes, update or modify these Terms of Use, our Website, other policies, including our Privacy Policy at any time without prior notice. All changes are effective immediately, and if you continue to use this Website, you will be accepting the revised Terms of Use. For this reason, we encourage you to review these Terms of Use each time you use this Website.