Please read this agreement carefully before accessing, paying for, or using the website and associated services. By accessing or using the website, you agree to be bound by the terms and conditions of this agreement.
Hopemaru enterprises may, from time to time, and reserves the right, in its sole and absolute discretion, to modify, limit, change, discontinue, or replace the website or this agreement. in the event Hopemaru enterprises modifies, limits, changes, or replaces the website or this agreement, your use of the website after said modification, limitation, change, or replacement constitutes your manifestation of assent to the modification, limitation, change, or replacement.
Hopemaru Enterprises is an online retailer of artificial plants, artificial trees, and outdoor furniture. The Website allows visitors to search for high end home decor products and purchase these products for their homes and office spaces. Visitors may also post reviews, comments, and photos to the Website to improve the Website and the order process.
Your reliance upon any information provided by Hopemaru Enterprises, others appearing on this Website at invitation by Hopemaru Enterprises, or other visitors or users of this Website is solely at your own risk. You understand that Hopemaru Enterprises is not obligated to provide any maintenance, technical or other support for the Website.
You warrant and agree that you have the right and legal capacity to enter into this Agreement and to adhere to its terms and conditions. You warrant that you are a human individual that is eighteen (18) years of age or older. If you are under eighteen (18) years of age but at least thirteen (13) years of age, you must present this Agreement to your parent or legal guardian for their review. You warrant that you are not prohibited from assenting to this Agreement by any preexisting Agreement.
You warrant and represent that any and all information that you provide to Hopemaru Enterprises and the Website is accurate and valid. You agree to comply in good faith with the terms of this Agreement.
You will not use the Website in any way that violates the rights of third parties, and you agree to comply with any and all applicable local, national, state, provincial, and international laws, treaties, and regulations. Given the global nature of the Internet, you agree to comply with all laws and rules where you reside or where you use Website. Website is operated in the United States and Hopemaru Enterprises makes no representation that its Website or services or products are appropriate, lawful, or available for use in other locations.
You acknowledge and agree that Hopemaru Enterprises is the owner of, or has rights in and to, the Website and its associated content, including but not limited to all intellectual property rights inherent therein. The Website is protected by all applicable laws, intellectual property or otherwise, and you are expressly prohibited from using the Website for any purposes not explicitly stated in this Agreement. Specifically, and except where otherwise allowed under this Agreement, you are prohibited from framing, scraping, aggregating, hacking, reverse engineering, crawling, reproducing, preparing derivative works of, distributing, performing publicly, or displaying publicly the Website, whether in whole or in part, without the prior written consent of Hopemaru Enterprises.
Hopemaru Enterprises hereby grants you a limited, non-exclusive, non-sublicensable, royalty free, non-assignable, and revocable license to use the Website for its customary and intended purposes. Violation of the terms of this Agreement or use of the Website for a use outside of its customary and intended purposes, such as, but not limited to downloading (other than page caching) or modifying the Website or any portion of it will result in the termination of this license.
Absent prior written permission from Hopemaru Enterprises, you are not permitted to reproduce, prepare derivative works, distribute copies, perform, display, or use for commercial purposes the Website or its content. This license is revocable at any time, and any rights not expressly granted herein are reserved to Hopemaru Enterprises.
All trademarks, common law or registered trademarks, displayed on this Website are the property of their respective owners. Specially, all Hopemaru Enterprises marks are the property of Hopemaru Enterprises, including, but not limited to HOPEMARU ENTERPRISES, ARTIFICIAL PLANTS AND TREES, and all Hopemaru Enterprises logos. The Website, including its look and feel, color selections, layout, and arrangement, is the trade dress of Hopemaru Enterprises. You are prohibited from using Hopemaru Enterprises’ trademarks, service marks, and trade dress, or any colorable imitation thereof, to indicate the source of, sponsorship of, approval of, affiliation with, connection with, or association with your goods or services without the prior written consent of Hopemaru Enterprises.
You have a duty to ensure that the information that you provide through your Account is truthful, current, complete, and accurate. You understand and agree that you have an ongoing duty to update and keep current the information provided through your Account if and when that information changes. You are expressly prohibited from creating an Account that impersonates another person, contains offensive or obscene language, or otherwise violates the rights of a third party. You expressly agree that you will not use your Account to interfere with or disrupt a third party’s enjoyment and use of the Website. Hopemaru Enterprises reserves the right to restrict access to, monitor, suspend, disable, or delete your Account at any time, in its sole discretion, and without prior warning.
Payment for products purchased through the Website are processed through a third-party payment processor, such as PayPal. You agree that you are solely responsible for paying all applicable taxes, duties, levies, or charges imposed by any governmental entity anywhere in the world in connection with your use of the Website and/or purchase of services through the Website to that applicable governmental entity. You understand and agree that Hopemaru Enterprises will not be held liable for any user’s failure to complete a transaction entered into through the Website.
Hopemaru Enterprises may change any terms and conditions regarding your use of the Website at any time. Your use of the Website shall constitute acceptance of any changes made to this Agreement.
You agree to keep your Account secure from unauthorized access. You will log in using your account password. You should not to reveal your password to others. You agree that you alone are responsible for your Account and all associated User Profiles. You accept full responsibility for any and all use of your Account, whether authorized or unauthorized. In the case of unauthorized access to your Account, you agree to contact
Hopemaru Enterprises immediately. You agree to hold harmless and indemnify Hopemaru Enterprises for any damages that arise out of or in relationship to the use of your Account.
By creating an Account, you agree that Hopemaru Enterprises, and its designees and agents, may contact you by any available means, including, but not limited to, by email.
Hopemaru Enterprises may provide you with the ability to submit user generated content to the Website, which may include but is not limited to reviews, comments, and photos (collectively “User Generated Content”). Except as otherwise licensed herein, you own all rights in and to your User Generated Content. User Generated Content may be hosted, shared, and/or published as part of the Website’s associated services. User Generated Content posted to public areas of the Website, including as comments to posts and reviews, will be publicly visible to all visitors of the Website. You expressly acknowledge, however, that Hopemaru Enterprises does not guarantee any confidentiality with respect to any submissions of your User Generated Content.
By submitting User Generated Content to the Website, you grant Hopemaru Enterprises a non-exclusive, irrevocable, royalty free, worldwide, and perpetual license to use your User Generated Content for the customary and intended purposes of the Website and any purpose related thereto, including, without limitation, to reproduce, prepare derivative works, distribute copies, perform, sell, display, research, and use any of the User Generated Content. These purposes may include, but are not limited to, providing you or third parties with the Website or its associated services, improving the Website or its associated services, and archiving or making backups of the Website. You agree to waive all moral rights in and to your User Generated Content across the world, whether you have or have not asserted moral rights in or to your User Generated Content. By submitting User Generated Content to the Website, you further agree to waive all rights of publicity or privacy with respect to the User Generated Content submitted.
You warrant that any User Generated Content that you submit to the Website will not violate the rights of third parties, including, but not limited to, trademark rights, copyright rights, and rights of publicity and privacy, or violate any applicable law, statute, ordinance, treaty, or regulation, whether local, state, provincial, national, or international.
You agree that you are solely responsible for any User Content that you submit to the Site. Hopemaru Enterprises acts solely as a repository of data, and therefore makes no guarantees as to the validity, accuracy, relevance, usefulness, or legal status of any User Generated Content. Hopemaru Enterprises does not guarantee the confidentiality of any User Generated Content you share through the Website with any third party.
Hopemaru Enterprises reserves the right to remove User Generated Content without prior notice and may, at its sole discretion, remove User Generated Content that it determines, at its sole discretion, violates the terms of this Agreement. Hopemaru Enterprises also reserves the right to terminate a user’s access to the Website for any reason, including, but not limited to, for repeatedly infringing on the intellectual property or other rights of third parties or otherwise violating the terms of this Agreement, or for no reason, and without prior notice.
You acknowledge and agree that Hopemaru Enterprises is an interactive computer service provider under Section 230 of the Communications Decency Act. Though Hopemaru Enterprises may edit, remove, or control the content displayed through the Website, you agree that Hopemaru Enterprises will not be considered an information content provider and will not be held liable for the republication of defamatory or tortious content created by third parties, whether through the Website or otherwise.
You understand that the Website may contain links to third party websites, applications, or services that Hopemaru Enterprises does not own or control. You agree that Hopemaru Enterprises will not be held responsible or liable for the content of third party websites, applications, or services and that Hopemaru Enterprises’ inclusion of those websites, applications, or services within its Website does not constitute Hopemaru Enterprises’ endorsement of, recommendation of, or affiliation with any of those websites, applications, or services.
Hopemaru Enterprises does not endorse or recommend any commercial product, process, or service. The views and opinions of users, contributors, and others expressed on this Website do not necessarily state or reflect those of Hopemaru Enterprises and are not intended to be used for advertising or product endorsement purposes.
You expressly agree that you will not use the Website to violate any law, statute, ordinance, regulation, or treaty, to violate the rights of third parties, or for a use outside of the customary and intended purposes of the Website.
Specifically, you are expressly prohibited from: using a robot, spider, scraper, or other automated technology to access the Website; imposing a disproportionate load on the Website or its server infrastructure or otherwise attempting to interfere with the operation of the Website; circumventing Hopemaru Enterprises’ technological and physical security measures; impersonating another; posting or transmitting content that threatens or encourages bodily harm or destruction of property; posting or transmitting content that infringes upon the intellectual property rights of other users of the Website or third parties; posting or transmitting content that is offensive, threatening, defamatory, derogatory, or obscene; posting or transmitting content that constitutes fraud, an unwanted commercial solicitation, a phishing scam, a pyramid scheme, or a chain letter; and posting or transmitting content intended to collect personal or personally identifiable information from users or third parties.
If you encounter content or witness behavior that you believe is inappropriate and violates this Agreement, you may report it to Hopemaru Enterprises by sending an email to [email protected]
This Agreement will remain in full force and effect so long as the Website is in operation. Hopemaru Enterprises may terminate this Agreement without liability at any time, without notice, and for any reason, including but not limited to for your violation of a term or condition of this Agreement.
Hopemaru Enterprises disclaims any responsibility for any harm or liability arising out of or related to your use of the website or products purchased through the website. Hopemaru Enterprises provides the website and the services and products provided through the website on an as-is basis and without warranty of any kind, whether express, implied, or statutory, including but not limited to warranties of merchantability, fitness for a particular purpose, title, accuracy, completeness, non-infringement, or quality. Some jurisdictions do not allow an exclusion of implied warranties. If you are located in such a jurisdiction, this exclusion may not apply.
Hopemaru Enterprises will not be held liable or responsible for any content posted on the website, including but not limited to any advice or marketing provided by any third party, any third party links posted on the website, or any content transmitted through the website. Hopemaru Enterprises is a retail provider and does not assume responsibility for any error, omission, interruption, deletion, defect, destruction of identity, unauthorized access to an account, or alteration thereof. Hopemaru Enterprises reserves the right to discontinue the website at any time.
Hopemaru Enterprises will not be held liable for network, internet, computer, hardware, or software program malfunctions, failure, delays, or difficulties with the website at any time.
Hopemaru Enterprises will not be liable to you under any legal theory for any damages, claims, injuries, judgments, costs, or liabilities arising out of or related to your use or misuse of the website or your use of products offered through the website, including, but not limited to, loss of business, loss of income, special damages, incidental damages, consequential damages, punitive damages, or exemplary damages. You understand and agree that the maximum amount that Hopemaru Enterprises can be held liable to you under any circumstance is the amount that you paid, if any, for services purchased through the website, and in no case will that amount exceed $100. If no amount is paid by you to Hopemaru Enterprises, you agree that you will be limited to injunctive relief only unless otherwise permitted by law.
The website may contain technical inaccuracies or typographical errors or omissions. Hopemaru Enterprises is not responsible for any such typographical, technical, or pricing errors listed on the website.
Some jurisdictions do not allow the exclusion or limitation of damages. If your jurisdiction does not allow the exclusion or limitation of damages, you should seek legal counsel to understand your legal rights under the law.
You agree to hold harmless, indemnify, and defend Hopemaru Enterprises, its officers, employees, agents, successors, and assigns, from and against any and all claims, demands, losses, damages, rights, and actions of any kind, including, but not limited to, property damage, infringement, personal injury, and death, that either directly or indirectly arise out of or are related to your use of the Website, your use or provision of any services or products purchased through the Website, your reliance upon advice provided through the Website, your submission of User Generated Content to the Website, your violation of any term or condition of this Agreement, your violation of any applicable law, statute, ordinance, regulation, or treaty, whether local, state, national, or international, or your violation of the rights of a third party.
Your obligation to defend Hopemaru Enterprises under the terms of this Agreement will not provide you with the right to control Hopemaru Enterprises’ defense, and Hopemaru Enterprises reserves the right to control its defense and choose its counsel regardless of your contractual requirement to indemnify Hopemaru Enterprises.
You acknowledge and agree that you are prohibited from assigning your rights and obligations under this Agreement. Hopemaru Enterprises may assign its rights and obligations under this Agreement at any time, including but not limited to in a sale of the Website.
This Agreement will be interpreted under and governed by the laws of the State of Tennessee without giving effect to any conflicts of laws principles. You agree that any claim or dispute that you may have against Hopemaru Enterprises or the Website, in which the aggregate total claim for relief sought on behalf of one or more parties exceeds $7,500 shall be adjudicated in any state or federal court in Davidson County, Tennessee. You agree that any claim or dispute that you may have against Hopemaru Enterprises or the Website will be exclusively resolved through arbitration.
You and Hopemaru Enterprises agree that arbitration will be the exclusive forum and remedy at law for any disputes arising out of or relating to this agreement, your use of the website, or the purchase of services from Hopemaru Enterprises, including any disputes concerning the validity, interpretation, violation, breach, or termination of this agreement. Arbitration under this agreement will be held in Nashville, Tennessee and in accordance with the most recently effective commercial arbitration rules of the American arbitration association. The arbitration proceeding will be decided by a single arbitrator and the arbitrator will decide the arbitration proceeding by applying the laws and legal principles of the state of Tennessee and the federal laws of the United States. The losing party will be required to pay the prevailing party’s reasonable attorneys’ fees. You and Hopemaru Enterprises agree that the situs of this agreement is in the state of Tennessee. You and Hopemaru Enterprises agree to submit to the exclusive personal jurisdiction of any such arbitrator or arbitration proceeding.
If any provision of this Agreement is found to be invalid or unenforceable for any reason whatsoever, the remaining provisions will remain valid and unimpaired and will continue in full force and effect.
You understand and agree that no term or provision of this Agreement will be deemed to have been waived and no breach will be deemed to have been consented to unless said waiver or consent is in writing and signed by the party to be charged.
The Website is not directed to persons under the age of eighteen (18) and Hopemaru Enterprises will not knowingly collect personally identifiable information from children under the age of eighteen (18). If Hopemaru Enterprises inadvertently collects such personally identifiable information, Hopemaru Enterprises will delete the personally identifiable information in accordance with its security protocols.
Hopemaru Enterprises and you both agree that any cause of action arising out of or related to the website or any services purchased through the website must commence within one year after the cause of action accrues. Failure to assert said cause of action within one year will permanently bar any and all relief.
All rights not expressly granted herein are reserved to Hopemaru Enterprises.
Any notice required by this Agreement must be in writing, and must be mailed by certified mail with return receipt requested to:
Hopemaru Enterprises Inc.
992 Davidson Drive, STE 102
Nashville, TN 37205
A copy of any such notice must be emailed to [email protected], but email notice alone shall not comply with the notice requirements of this Agreement.
This Agreement is enforced by the Internet lawyers of Traverse Legal, PLC.
Hopemaru Enterprises respects your privacy and makes a concerted effort to protect your identity and personal information.
Cookies are identifiers that are shared between your computer and our website to enable our systems to recognize your browser and to provide features such as the storage of items in your shopping cart. The "help" portion of the toolbar on most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. If you disable cookies in your browser, you will not be able to purchase from the Website. We recommend that you leave them turned on or please contact customer service to place a phone order.
Provide you with the Website, process any requests made by you, process any orders or business contemplated by the Website, communicate with you, identify and fix problems with the Website, update you on changes to the Website, communicate with you concerning your account, to complete a transaction you initiated, and to update you on Hopemaru Enterprises’ products and services offered through the Website or the services of third parties.
Hopemaru Enterprises may share your Personal Information with third parties where it has obtained your consent, whether express or implied, with third party service providers to provide you with services initiated at your request, with Hopemaru Enterprises’ parents, subsidiaries, successors, and assigns, and with Hopemaru Enterprises’ business partners who offer services through or in association with the Website.
Hopemaru Enterprises may use your personal information, including your email address, to communicate with you about the Website, your use of services related to the Website such as promotions, contests, advertising placements and/or the purchase of goods or services. Hopemaru Enterprises may also use your personal information, including your email address, for tracking, analytics, marketing, and research purposes. Hopemaru Enterprises will allow you to opt out of email marketing. Each email sent contains a very easy and automated way for you to stop receiving email messages from us in the future. If you have received unwanted, unsolicited email sent via this system or purporting to be sent via this system, please forward a copy of that email with your comments to [email protected] for review. We will look into the matter immediately.
Hopemaru Enterprises reserves the right to sell, share, or rent individual personal information with anyone without your advance written permission or unless ordered by a court of law. Information submitted to us is only available to employees managing this information for purposes of contacting you or sending you emails based on your request for information and to contracted service providers for purposes of providing services relating to our communications with you.
Except as otherwise stated herein, Hopemaru Enterprises will not sell, transfer, or lease your Personal Information to any individual, business, or government entity except to: (1) respond to authorized information requests by government authorities; (2) to respond to a court order or subpoena; (3) to protect the employees, independent contractors, users, members, officers, directors, or shareholders of Hopemaru Enterprises; or (4) to help prevent against fraud or the violation of any applicable law, statute, regulation, ordinance, or treaty.
We use Google Analytics remarketing codes to log when users view specific pages or take specific actions on a website. This allows us to provide targeted advertising in the future. If you do not wish to receive this type of advertising from us in the future you can opt out using the DoubleClick opt-out page (http://www.google.com/policies/technologies/ads/) or the Network Advertising Initiative opt-out page (http://www.networkadvertising.org/choices/).
You are solely responsible for the protection of any Personal Information that you submit to the Website, and you are advised to review that Personal Information before you submit it to the Website. You acknowledge and agree that Hopemaru Enterprises is not responsible for any third party links, content, or communications sent to you from entities or individuals that Hopemaru Enterprises does not own or control. You are advised to review the privacy policies of third party websites.
Comply or attempt to comply with all laws domestic and foreign.
Your Personal Information is stored and processed on computers and servers in the United States and, through your use of the Website, you unequivocally consent to the processing and storage of your Personal Information. You understand and agree that Hopemaru Enterprises may continue to store your information after you cease use of the service or disable your Account.
Hopemaru Enterprises uses commercially reasonable efforts and standard technology to store and help prevent against the unauthorized disclosure of your Personal Information. Though it undertakes commercially reasonable efforts to protect your Personal Information, no Website is completely safe. Accordingly, you provide all such Personal Information at your own risk.
In order to protect your Personal Information, Hopemaru Enterprises will use specific security measures, such Secure Sockets Layer (SLL) software, which encrypts information you input at 128-bit strength. This is denoted in most web-browsers by a small padlock appearing on the bottom bar of the window and the address of the window changing from http:// to https://, meaning a secure connection.
Hopemaru Enterprises electronically verifies every financial transaction with the credit company, processing only those orders the credit card company authorizes. In the case of a suspicious or declined transaction, Hopemaru Enterprises may contact you to confirm the validity and ensure your identity or cancel that order with full notification.
Where Hopemaru Enterprises is complying or in good faith attempting to comply with any law, regulation or law enforcement request. Where Hopemaru Enterprises has obtained your consent, where sharing or disclosure of your Personal Information is necessary to provide you with the Website and/or services associated therewith, where sharing or disclosure of your Personal Information is necessary to share Personal Information with Hopemaru Enterprises’ parents, subsidiaries, successors, assigns, licensees, affiliates, or business partners, where Hopemaru Enterprises has been purchased by a third party, where sharing or disclosure of your Personal Information is necessary to respond to requests by government authorities, where your Personal Information is demanded by a court order or subpoena, where sharing or disclosure of your Personal Information is needed to protect the employees, independent contractors, officers, directors, members, users, or shareholders of Hopemaru Enterprises, and where sharing or disclosure of your personal or Personal Information is needed to help prevent against fraud or the violation of any applicable law, statute, regulation, ordinance, or treaty.
You understand and agree that Hopemaru Enterprises may specifically share your information with mobile service providers, search engine providers, payment processors, web merchants, and online retailers in order to complete the services offered through the Website.
Adjusting your web browser settings, limiting cookies or other tracking techniques, or by ceasing your use of the Website. You may contact Hopemaru Enterprises with any requests regarding your information, but Hopemaru Enterprises reserves the right to act or not act upon such requests.
Inform Hopemaru Enterprises of any changes to your personal or Personal Information, and protect the security of your username, password, and personal or Personal Information.
California residents have the right to receive information that identifies any third party companies or individuals that Hopemaru Enterprises has shared your Personal Information with in the previous calendar year, as well as a description of the categories of Personal Information disclosed to that third party. You may obtain this information once a year and free of charge by contacting Hopemaru Enterprises at the address below.
The Website is not intended for or directed to users under the age of 18, and Hopemaru Enterprises does not knowingly or intentionally collect Personal Information from children under the age of 13 or other minors. Where appropriate, Hopemaru Enterprises takes reasonable measures to determine that users are adults of legal age and to inform minors not to submit such information to the Website or in response to advertisements. If you are concerned that personal information may have been inadvertently provided to or collected by Hopemaru Enterprises, please contact us immediately so appropriate steps may be taken to remove such information from Hopemaru Enterprises’ database.
The Artificialplantsandtrees.com website (“Website”) and its associated content and services are © 2014 Hopemaru Enterprises, Inc. (“Hopemaru Enterprises”).
Artificialplantsandtrees.com respects the intellectual property rights of others and is committed to helping third parties protect their rights. Users are prohibited from posting content that violates another party’s intellectual property rights. Unless otherwise stated, this Website and all content within this site are the property of artificialplantsandtrees.com and are protected by copyright and other intellectual property laws.
By using this Website, you agree that you will not use any devices, software or automated programs such as spiders, crawlers or robots to systematically index, aggregate, download, harvest or re-publish any of its content or information.
If you believe that a user of artificialplantsandtrees.com has infringed upon your copyright rights, please provide artificialplantsandtrees.com with a notice of copyright infringement in compliance with § 512 of the Digital Millennium Copyright Act. Once artificialplantsandtrees.com receives a notice of copyright infringement in compliance with § 512, we will act with commercial reasonableness to remove or disable access to the allegedly infringing content. Artificialplantsandtrees.com will also make a good faith attempt to notify the owner or uploader of the allegedly infringing content. The owner or uploader may respond to artificialplantsandtrees.com with a counter-notification if they believe the content subject to a notice of copyright infringement was not infringing any intellectual property rights.
The notice of copyright infringement must be in compliance with § 512 of the Digital Millennium Copyright Act and must also contain the following:
Conversely, if you are a Website user that believes that content subject to a notice of copyright infringement is not actually infringing, you may submit a counter-notification. The counter-notification must contain the following:
Notifications of copyright infringement and counter-notifications may be submitted to:
Hopemaru Enterprises Inc., 992 Davidson Drive, STE 102, Nashville, TN 37205; with a copy emailed to [email protected]