Privacy Policy

Coastal Nursery, LLC, doing business as “Coastal Nursery”, and its subsidiaries and affiliated entities (“Coastal Nursery”) provide the website coastalnursery.com (‘this Website”) to you (“You” or “Your”) subject to this Privacy Policy, its Terms and Conditions of Use (“Terms”), and its other policies. This Privacy Policy describes the way in which Coastal Nursery collects, uses or shares any information You provide to Coastal Nursery or information about Your use of this website. Coastal Nursery may, and reserves the right to change this Privacy Policy at any time. If You access this Website, You are consenting to the information collection and use practices described in this Policy, as modified from time to time. By continuing to access or use this Website, You accept any changes or revisions to this Privacy Policy. If you do not agree to this policy, please do not use this website.

Personal Information Coastal Nursery Collects

You may use this Website without creating an account. Even without an account, Coastal Nursery collects information about your use of this Website. This may include information about any IP address used to access this Website and Your activity on this Website.

This Website may use “cookies.” Cookies are small files that a site or its service provider transfers to Your computer hard drive through Your Web browser (if You allow) that enable the sites or service providers systems to recognize Your browser and capture and remember certain information. This Website may use cookies to help Coastal Nursery understand and save Your preferences for future visits, and compile aggregate data about site traffic and site interaction so that Coastal Nursery can offer better site experiences and tools in the future. If You prefer, You can choose to have Your computer warn You each time a cookie is being sent, or You can choose to turn off all cookies via Your browser settings. Like most websites, if You turn Your cookies off, some of the Website services may not function properly.

“Personal Information” is information that is used by Coastal Nursery to identify you individually, such as your name and address. Coastal Nursery collects Personal Information that You voluntarily provide in creating an account at this Website or signing up for an interest list. This may include information such as Your name, address, email address, phone number, Your preferred contact, information about Your purchasing plans and preferences, and information about how You became aware of Coastal Nursery. This Website and other internet and mobile device content and functionality provided by Coastal Nursery may become available across multiple platforms and multiple types of devices. This Privacy Policy is intended to cover all internet-enabled devices and mobile devices, including, but not limited to “smartphones”. When connecting to this Website with such internet-enabled devices via a service provider which uniquely identifies your internet-enabled device, Coastal Nursery may receive this identification and use it to offer additional services or functionality. Your use of certain services provided by Coastal Nursery, including, but not limited to, the transmission of media message service (MMS) and short message service (SMS) or “text messages” to Coastal Nursery, may require the collection of Your mobile phone number. Coastal Nursery may associate that mobile phone number to the mobile device identification information. However, Coastal Nursery will not use that phone number for telemarketing unless You have given Coastal Nursery permission to do so.

Use and Sharing of Personal Information

Coastal Nursery may use Personal Information You provide to create and maintain Your account, to personalize Your experience, and to send periodic email communications relating to our services, such as purchase receipts, and account confirmations. Coastal Nursery does not sell, exchange, transfer, or give this type of Personal Information to any other company without Your consent. If there is a material change in Coastal Nursery’s use of Your Personal Information, Coastal Nursery will obtain Your affirmative express consent if You are affected by such material change.

Coastal Nursery may use Personal Information about Your use of this Website to improve its websites and services. Coastal Nursery actively protects Your usage anonymity and does not distribute personally identifiable information about Your use of this Website to any third parties. Only aggregated use data that does not include personally identifiable information may be shared with third parties.

Coastal Nursery reserves the right to disclose Personal Information to third parties if required to do so by law, or if Coastal Nursery has a good faith belief that disclosure is necessary to (1) comply with legal process served on us; (2) protect and defend our rights or property; (3) act in an emergency to protect someone’s safety. Coastal Nursery reserves the right to transfer Personal Information to any successor in interest to the Coastal Nursery business.

Children’s Privacy

This Website is directed to people who are at least 18 years old, and Coastal Nursery does not knowingly collect Personal Information from anyone under the age of 18. If You are aware that Coastal Nursery has collected Personal Information from someone under the age of 18, please alert Coastal Nursery at privacyofficer@coastalnursery.com and the information will be removed from our system as soon as is reasonably possible. This policy regarding collection of data from children exceeds the requirements of the Children’s Online Privacy Protection Act.

Interest List

When You submit Your mailing address or email address to Coastal Nursery through this Website, You may receive mail and emails that include Coastal Nursery news, updates, announcements, or information about particular products of interest. If at any time You would like to unsubscribe from receiving future mail or emails, please contact us at privacyofficer@coastalnursery.com.

Third Party Links

This Privacy Policy only addresses the use and disclosure of information collected by Coastal Nursery. This Website contains links to other websites that are not maintained or controlled by Coastal Nursery, including social networking websites. A link to a third party website is not an endorsement of that website. Coastal Nursery is not responsible for the privacy practices of such other Websites, and you are encouraged to, and accountable for, reviewing the privacy policy of such other websites before disclosing your personal information to such third parties. The fact that a link to a third party website exists on this Website does not mean that the third party site operates under the same or similar privacy practices as set forth in the Coastal Nursery Privacy Policy.

Coastal Nursery may include third party products or services on this Website. Individuals or companies outside of Coastal Nursery, such as other vendors, are considered third parties. These third party websites have separate and independent terms and conditions for use and privacy policies. Coastal Nursery has no responsibility or liability for the content and activities of these linked websites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these third party websites.

Contacting Coastal Nursery

If You have any questions regarding this Privacy Policy, please contact us by email at privacyofficer@coastalnursery.com or mail at Coastal Nursery, 117 Rancho Road, Watsonville, CA 95076.

Opting Out

At any time You provide us with Personal Information, You have the opportunity to opt out of receiving further communications from us. To choose to opt out of receiving additional communications, or to unsubscribe from any specific email distribution, please email a request to privacyofficer@coastalnursery.com. You may also stop email messages and other promotional communications by contacting our Webmaster at privacyofficer@coastalnursery.com.

LEGAL

TERMS AND CONDITIONS OF THE USE OF THIS COASTAL NURSERY WEBSITE

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE.

The following terms and conditions (“Terms”) govern your use of this website and the materials accessible on or from this website (collectively, the “Website”). All users (“Users”) of this Website agree that access to and use of this Website are subject to the Terms. Coastal Nursery, LLC, doing business as “Coastal Nursery” and its subsidiaries and affiliated entities (“Coastal Nursery”) provides this Website to you (“You” or “Your”) and each user “User”) subject to these Terms, other applicable laws, and Coastal Nursery’s other policies, including our Privacy Policy.

You accept these Terms by accessing or using this Website in any manner, even if You do not create an Account at this Website. To respect the privacy of children and to comply with the Children’s Online Privacy Protection Act, we do not knowingly provide products or services to children under the age of 13. This Website is a general audience site that is not designed nor intended to collect personal information from children. You represent and warrant that You are at least 18 years of age and of legal competence to enter into this agreement. If You are using this Website on behalf of Your employer, You represent and warrant that You are authorized to accept these Terms on behalf of Your employer.

Coastal Nursery may change these Terms at any time. The most current version of these Terms can be accessed at http://www.coastalnursery.com/privacy-policy/#terms. By continuing to access or use this Website, You accept any changes or revisions to the Terms. If you do not agree to all of these terms and conditions, please do not use this website.

General Terms and Conditions

The Terms apply to use of this Website by You and all Users. By accessing or using the Website, You and all Users agree to be bound by the Terms. Coastal Nursery provides the information, services, text, graphic, links or other material on this Website to You and all Users conditioned on Your acceptance without modification of the Terms. The information offered on this Website is provided with the understanding that neither Coastal Nursery nor any of its affiliated entities is engaged in rendering legal or other professional services or advice. The use of the Website is subject to the additional disclaimers, caveats and notices that may appear throughout the Website.

Accounts and Logins

You represent and warrant that all information You provide in connection with the creation of an account with this Website (“Account”) is accurate and true. You agree that, if any Account information changes, You will update Your Account to maintain accurate information.

In connection with Your creation of an Account, You will create a Login and Password. You agree that You will not distribute Your Login or Password to any other person, and You will not authorize use of Your Account by any other person. You agree that You will not transfer, sub-license, sell, or assign Your rights in Your Account to any other person.

If You believe that a third-party has gained access to Your Account, You agree to notify Coastal Nursery by sending an email to privacyofficer@coastalnursery.com. Coastal Nursery reserves the right to terminate Your Account at any time for any reason. If Your Account is terminated, Coastal Nursery has no obligation to retain any data associated with Your Account.

Any unauthorized use of Your Account by any third-party is subject to these Terms as though You were using the Account. To cancel Your Account at any time for any reason, You may do so by contacting privacyofficer@coastalnursery.com

License to Use this Website

Coastal Nursery grants You a personal, non-exclusive, non-transferable, limited and revocable license to use this Website subject to the Terms. You may use this Website and information acquired from this Website for Your own personal, non-commercial, lawful purposes. You may not use this Website in a manner that exceeds the rights granted for Your use.

Other than connecting to this Website by http or https request using a web browser, You may not attempt to access Coastal Nursery’s servers or this Website by any means. In particular, You are prohibited from scraping, crawling, data-mining, or using any robot, spider or other automatic device to send queries to Coastal Nursery’s servers or this Website. You may not use this Website to compile data for use by any commercial entity.

You agree not to disrupt, modify or interfere with this Website or its associated software, hardware, and servers in any way. You agree not to impede or interfere with others’ use of this Website. You further agree not to alter or tamper with any information or materials on or associated with this Website.

Assignments

Coastal Nursery may assign this agreement at any time without notice to You/its Users. You may not assign this agreement to anyone else, and any attempt to assign shall be void.

Specifications

Despite Olson’s efforts to provide accurate information, it is not possible to completely ensure that the ever-changing information affecting its products is up-to-date. The information contained on this Website may contain inadvertent errors or oversights. All information should be verified at Coastal Nursery from which information is desired and should be confirmed at such time that You may wish to enter into a sales contract for the purchase of a product from Coastal Nursery.

All product photographs are displayed for illustrative purposes only, and the products and property actually available to You may differ. Nothing in any virtual display is intended as an agreement, representation, or commitment by Coastal Nursery to deliver the product exactly as depicted in any such display. Coastal Nursery reserves the right to make any changes and substitutions to the product specifications, designs, dimensions, materials, fixtures. Prices and availability are subject to change without notice. Prices and terms are subject to change, prior sale at any time and without notice. You should therefore consult a sales consultant to satisfy yourself on details on any particular product.

Informational Purposes Only

The content provided on this Site is intended for informational purposes only and is not intended to be a legally binding offer or solicitation. All products are subject to prior sale. Coastal Nursery assumes no responsibility or liability for any actions taken as a result of using this Website, or for errors or omissions in content. Coastal Nursery has no duty to keep the Website updated. Products, prices and other information, including availability, is subject to change at any time, and the Website may contain inaccurate, incomplete or out of-date information. You should not assume that the Website information is current. For most current information, please contact Coastal Nursery for further information.

Privacy Policy

Coastal Nursery maintains a Privacy Policy describing its collection, retention, and use of information about users of this Website. This policy can be accessed at http://www.coastalnursery.com/privacy, and is incorporated herein by reference.

Links to Other Websites

You may find links to other Internet sites or resources on this Website that offer content, goods or services. A link from this Website to a third party website does not imply endorsement of that website nor any ability to control that site’s contents, products or privacy practices. You acknowledge and agree that Coastal Nursery has no responsibility or liability (directly or indirectly) for: the availability of such external sites or resources; the availability or accuracy of any content, advertising, products, or other materials on or available from such sites or resources; any damage, loss, claim, or complaint (actual or alleged) caused by, arising from, or in connection with Your use of or reliance on any such content, goods, or services available on or through any such site or resource.

Coastal Nursery’s Intellectual Property – Service and Trademarks

Coastal Nursery is the exclusive owner of trademark rights in the following Trademarks: Coastal Nursery may own trademark rights in other marks not specifically listed here. Many of these trademarks and service marks are registered, or have registration applications pending, with the United States Patent and Trademark Office and the trademark offices of other countries and jurisdictions. Except as expressly authorized by Coastal Nursery, You agree not to use any of Coastal Nursery’s marks or any mark confusingly similar to any of Coastal Nursery’s marks.

The entire content of information on this Website, including without limitation all images, videos, design, text, images, screen displays, software, photographs, press releases and other information, are copyrighted as a collective work and protected under the United States and other copyright laws, and are owned by Coastal Nursery and/or used under license or permission from the copyright owner, and are protected under U.S. and international intellectual property laws.

Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise.

You agree not to reproduce, distribute, display or create derivative works of any part of this Website or any information presented to You through this Website, in whole or in part. This prohibition includes unauthorized copying or distribution of any of the content displayed or used on this Website, framing content from this Website, or creating any unauthorized derivative work. The information contained in this Website may not, except under written license, be copied, reproduced, transmitted, displayed, performed, distributed, rented, sublicensed, altered, stored for subsequent use or otherwise used in whole or in part in any manner without Coastal Nursery’s prior written consent, except to the extent that such use is authorized under U.S. or other intellectual property laws. Coastal Nursery’s logos, images, service marks and trademarks used on the Website are owned property of Coastal Nursery and may not be used without prior written consent of authorized Coastal Nursery officers.

Coastal Nursery uses third party trademarks on this Website to identify the owners of those marks. Use of any third party trademark is meant only to identify the trademark owner and its goods and services, and is not intended to imply any association or sponsorship between the trademark owner and this Website. All third party trademarks and logos are the property of their respective owners.

Submission of Confidential Information and Ideas From time to time users submit ideas to Coastal Nursery, either by email or in the course of a customer service interaction, for improving this Website or Coastal Nursery’s products and/or services. Coastal Nursery has no obligation to treat this material as confidential information. To the extent that You wish to have Your idea remain confidential, to retain rights in Your idea, or wish to be compensated for submission of Your idea, please do not submit it to Coastal Nursery.

Intellectual Property Claims If You believe that Your copyright has been infringed in any way by this Website, promptly provide in writing the following information to our Digital Millennium Copyright Act (17 U.S.C. §512) Designated Agent: A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Coastal Nursery to locate the material;

Information reasonably sufficient to permit Coastal Nursery to contact You, such as an address, telephone number and email address;

A statement that You have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law;

A statement that the information in the notice is accurate, and under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

The Designated Agent for this Website is:

Coastal Nursery LLC,  Attn: Designated Agent/General Counsel, 117 Rancho Road, Watsonville, CA 95076. If You believe that Your other intellectual property or publicity rights have been infringed in any way by this Website, please provide a detailed description of the alleged infringement for further investigation via e-mail to privacyofficer@coastalnursery.com. Coastal Nursery actions in receiving, investigating or responding to Your email shall not constitute Coastal Nursery’s agreement or verification of Your claim(s) nor any admission of liability therefor. Coastal Nursery makes no commitment, covenant, promise, warranty, representation or guarantee that it will receive, review, investigate or respond to Your claim within any particular time. 

Notification

Any notices to be given to Coastal Nursery under these Terms shall be made in writing to privacyofficer@coastalnursery.com or to the following address: Coastal Nursery Attn: Designated Agent/Chief Information Officer, 117 Rancho Road, Watsonville, CA 95076. You agree that Coastal Nursery can send You electronic notices to the email address that You provided to Coastal Nursery in creating Your Account or by displaying the notice on this Website. You agree that all notices, agreements, disclosures, and other communications that we provide to You electronically satisfy any legal requirement that such communications be in writing. You further agree that Coastal Nursery may deliver notice to you by written communication delivered by first class U.S. mail or courier service to your address on record in Your Account.

Representations or Warranties

Coastal Nursery makes no representation or warranty of any kind with respect to the materials and information contained on this Website.

YOU USE THIS WEBSITE AT YOUR SOLE RISK (INCLUDING BUT NOT LIMITED TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, DAMAGE RESULTING FROM RELIANCE ON INFORMATION FROM THIS WEBSITE, OR OTHER DAMAGES THAT RESULT FROM OBTAINING ANY CONTENT FROM THE WEBSITE INCLUDING COMPUTER VIRUSES) EVEN IF COASTAL NURSERY HAS BEEN ADVISED OF OR IS AWARE OF THE RISK OF SUCH DAMAGE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, COASTAL NURSERY PROVIDES THIS WEBSITE, THE SERVICES, THE INFORMATION AND THE CONTENT “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS,” WITHOUT WARRANTY OF ANY KIND, AND COASTAL NURSERY SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. YOUR SOLE AND EXCLUSIVE REMEDY FOR ISSUES RELATING TO THE USE OF, OR THE MATERIAL ON, THE WEBSITE SHALL BE TO DISCONTINUE ACCESSING THE WEBSITE AND CEASE FROM USING THE INFORMATION OR MATERIAL OBTAINED. YOU AGREE THAT COASTAL NURSERY SHALL NOT BE LIABLE FOR ANY DAMAGES RELATING TO YOUR USE OF, OR RELIANCE UPON THE WEBSITE OR ANY OF ITS CONTENT. NO INFORMATION OR ADVICE PROVIDED ON THIS WEBSITE, BY COASTAL NURSERY, OR BY COASTAL NURSERY’S EMPLOYEES OR AGENTS SHALL CREATE ANY WARRANTY. COASTAL NURSERY MAKES NO WARRANTY, REPRESENTATION, COVENANT, OR GUARANTEE WHATSOEVER, EXPRESS OR IMPLIED: AS TO THE VALUE, QUALITY, TIMELINESS, USEFULNESS, RELIABILITY, SECURITY, SUITABILITY, TRUTHFULNESS, OR COMPLETENESS OF THIS WEBSITE, THE SERVICES, THE INFORMATION, OR THE CONTENT; THAT THIS WEBSITE WILL OPERATE UNINTERRUPTED OR ERROR-FREE; THAT THIS WEBSITE, THE SERVICES, THE INFORMATION, OR THE CONTENT WILL MEET YOUR NEEDS OR EXPECTATIONS; AS TO THE QUALITY OR VALUE OF ANY OF COASTAL NURSERY’S PRODUCTS, SERVICES, CONTENT, INFORMATION, OR OTHER MATERIAL YOU OBTAIN VIA THE WEBSITE; OR THAT ANY ERRORS ON THIS WEBSITE WILL BE CORRECTED.

Limitation of Liability

To the fullest extent permitted by applicable law, Coastal Nursery, its subsidiaries and affiliates, and their respective officers, directors, employees, agents, successors and assigns, shall have no liability, relating to Your use of or access to (or inability to access) this Website, your use of any information or material contained therein, for: Any and all claims for damages for actual, consequential, incidental, exemplary, special or punitive damages even if Coastal Nursery is advised of the possibility of such (including, but not limited to, loss of business, profits, business information or business interruption or any other pecuniary loss); or For direct damages, actually proven, exceeding US $1,000.00. This limitation shall be enforced even if it causes an exclusive remedy to fail of its essential purpose. Coastal Nursery reserves the right, at any time, in Coastal Nursery’s sole and exclusive discretion, to amend, modify, suspend, or terminate this Website, any services, information or content, or any part thereof, and/or Your use of or access to them, with or without notice. Coastal Nursery shall have no liability to You or any other person or entity for any modification, suspension or termination, or any loss of related information.

Indemnification

You agree to defend, indemnify, and hold Coastal Nursery, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and related fees and expenses, resulting from, or alleged to result from, Your violation of these Terms or Your use of this Website. Coastal Nursery reserves the right to assume exclusive control of its defense in any matter subject to Your indemnification, which shall not excuse Your obligation to indemnify Coastal Nursery. You shall not settle any dispute subject to Your indemnification under these Terms without written consent from Coastal Nursery.

Choice of Law and Venue for Resolving Disputes

The internal laws of the State of California govern this contract and any claims relating to the materials on this Website or dispute that You may have against us, without regard to its conflict of laws rules. The United Nations Convention on Contracts for the International Sale of Goods shall have no applicability. You further agree that any disputes or claims that You may have against us will be exclusively resolved by a court located in Santa Cruz County, California, USA. You irrevocably consent to the venue and jurisdiction of such courts. BY AGREEING TO THESE TERMS YOU ARE: (1) WAIVING CLAIMS THAT YOU MIGHT OTHERWISE HAVE AGAINST COASTAL NURSERY BASED ON THE LAWS OF OTHER JURISDICTIONS, INCLUDING YOUR OWN; (2) IRREVOCABLY CONSENTING TO THE EXCLUSIVE JURISDICTION OF, AND VENUE IN, STATE AND FEDERAL COURTS IN THE STATE OF CALIFORNIA OVER ANY DISPUTES OR CLAIMS YOU HAVE WITH US; AND (3) SUBMITTING YOURSELF TO THE PERSONAL JURISDICTION OF COURTS LOCATED IN SANTA CRUZ COUNTY, CALIFORNIA FOR THE PURPOSE OF RESOLVING ANY SUCH DISPUTES OR CLAIMS.

Severability

If any term of this Agreement is declared unlawful, void or unenforceable by any court in any jurisdiction, then such term will be deemed severable from the remaining terms in such jurisdiction and will not affect the validity and enforceability of the remaining terms.

English Language

Various portions of the Website may include non-English language, including but not limited to Spanish, Vietnamese or Chinese, and are provided for Your convenience. Coastal Nursery makes no representation or warranty as to the accuracy or completeness of the translation provided and undertake no further obligation to interact with You in that language. Coastal Nursery conducts its business in American English and You should anticipate any further contact with Coastal Nursery will be in English. If you elect to purchase a product from Coastal Nursery, the purchase agreement and any supplemental information and correspondence from Coastal Nursery will be written in English, and all Coastal Nursery personnel, speak English.

Entire Agreement

These Terms and any policies posted on this Website constitute the entire contract between You and Coastal Nursery and supersede all previous written or oral contracts regarding this Website and its usage. If any part of the Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

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