Terms of Use

Www.LegendaryTrees.com (collectively, the “Site”) is the official website for Legendary Trees, LLC, and its parents, subsidiaries and affiliates. We encourage you to read the following terms governing your use of and purchase of products from the Site. By using the Site or by providing Personal Information to us, you agree to be bound by these Terms of Use set forth below, the Privacy Policy and Terms of Sale, and any other documents referred to therein (collectively, the “Terms”).

Modifications to these Terms

From time to time, we may change the terms that govern your use of our Site. Your use of our Site following any such changes to these Terms of Use constitutes your agreement to follow and be bound by the terms as changed.

Use and Restrictions

This Site may be accessed and used only by individuals who can form legally binding contracts under applicable laws, who are 18 years of age or older, and who are not barred from using the Site under applicable laws. You acknowledge and agree that Legendary Trees, in its sole discretion and without notice or obligation to you, may temporarily or permanently suspend or discontinue any or all access to the Site. We may change, move or delete portions of, or may add to our Site or it’s Contents (hereinafter defined) from time to time, and these terms cover any subsequent changes or modifications to our Site and/or its Contents.

Other than for the purchase of merchandise from our Site, our Site and the contents of our Site (the “Contents”) are intended for personal, noncommercial use and you agree that you will not: (a) resell products purchased or make other commercial use of the products, Site or its Contents (hereinafter defined); (b) modify, reproduce, publish, transmit, distribute, display, create derivative works from, sell or participate in or exploit in any way, in whole or in part, any of the Contents, the Site, or any related software; (c) collect or use any product listings or descriptions; (d) use any data mining or similar data gathering methods from the Site; (e) use, frame or utilize framing techniques to enclose any Legendary Trees trademark, logo or other proprietary information (including images, text, layout or design) without Legendary Trees’ express consent; or (f) except for your use of the Site as expressly permitted in these Terms, access or attempt to access any systems or servers on which the Site is hosted or modify or alter the Site in any way. Any unauthorized use of the Site will result in you being banned in use of the Site.

Intellectual Property Rights

The Site and its Contents are protected by copyright, trademark, trade dress and other laws and Legendary Trees owns and/or uses with permission all worldwide right, title and interest in and to the Site and its Contents. You agree not to display or use such trademarks without Legendary Trees’ expressed permission.

User Comments, Feedback, Postcards and Other Submissions

Any and all comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered by you to Legendary Trees on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, “Submissions”) shall be and remain Legendary Trees property. You agree to, if requested by Legendary Trees, assign and transfer to Legendary Trees all rights in and derived from the Submissions that you may have including without limitation, all ownership of and rights to use, sell and commercialize the intellectual property and the right to file applications to register such rights. Legendary Trees is not under any obligation (1) to maintain any Comments in confidence; (2) to pay to you any compensation for any Comments; or (3) to respond to any user Comments.

By making any Submission to the Site, you agree that such Submission does not violate any right of any third party, including copyright, trademark, privacy, patent or other personal or proprietary right(s). In addition, to the extent any Submission contains your or any other person’s name, likeness, voice or biographical information (“Personal Rights”), you hereby grant and will cause such other person to grant to Legendary Trees a transferable, non-exclusive, worldwide, royalty-free license to use such Personal Rights for any advertising or marketing of Legendary Trees products in any medium. You agree to indemnity and hold harmless Legendary Trees and its affiliates and their respective officers, directors and employees against any losses, liabilities, claims and expenses (including attorneys’ fees) arising out of your account, your use this Site, your Submission and any Personal Rights contained therein.

You further agree that your Submission to the Site does not contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Submission you submit. You agree that Legendary Trees may use and/or disclose information in your Submission consistent with the terms of the Privacy Policy below.

Electronic Communications

You consent to receive electronic communications from Legendary Trees either in the form of an e-mail set to you at the e-mail address listed on your account or by communications posted on the Site. You acknowledge and agree that any electronic communication in the form of such e-mail or posting on the Site shall satisfy any legal requirement that such communication be in writing.

Your Account

You may establish an account with Legendary Trees in order to purchase through the Site. You are solely responsible for (i) maintaining the security of your account and password; (ii) restricting access to your account; and (iii) keeping your account email address current. You are solely responsible for all activities, including without limitation, all purchases of products on the Site and posting of Submissions, which occur under your account.

You acknowledge and agree that Legendary Trees may access, preserve and disclose your account information, Submissions, communications, and information relative to your use of the Site, and any other information under your account if Legendary Trees is required to do so by law or legal process or if Legendary Trees determines, in its sole discretion, that such action is necessary to protect the rights of Legendary Trees, third parties and other users of the Site or for otherwise responding to your customer service inquiries. Legendary Trees’ rights herein shall govern over any terms of our Privacy Policy below.

Site Transactions

We reserve the right to request further identification for credit card processing on any order you place with us. We reserve the right to change and/or refuse any order you enter on the Site. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order; including multiple orders entered by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. In the event we change or cancel an order, we will attempt to notify you by contacting the applicable contact information provided when the order was submitted on the Site.

Shipping and Returns

The terms and conditions for shipping can be found in Shipping & Returns

Unless otherwise indicated herein, all terms with ™ or ®, and all other common law trademarks not owned by us, are trademarks belonging to their respective holders, and not to us. Use of these trademarks is done for reference purposes only, and does not imply any affiliation with or endorsement by the holders thereof, nor the claim of any ownership right in such trademarks.

Intellectual Property & Other Trademarks

Legendary Trees values the intellectual property rights of others. If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement on our website or any of our other social media platforms, please notify us in writing as set forth below so that we may address the matter as soon as possible.

Modification

Any content offered or posted on this Site is subject to modification or discontinuation at any time and from time to time without notice or obligation to you. Without limiting the foregoing, Legendary Trees reserves the right, in its sole discretion, to charge fees for the use or purchase of, or access to, any products, services or Content offered through the Site, at any time from time to time.

Terms of Sale

All product sales from the Site are governed by the Shipping & Returns policies that are posted on the Site. You should refer to such policies and review the same. By ordering and/or accepting delivery of the products, you agree to be bound by said policies. The policies are subject to change without notice and you review the same before you purchase any product.

Warranties and Disclaimers

The Site, Submissions and content provided via the Site are provided on an “as is” and “as available” basis with no warranty of any kind. To the maximum extent permitted by law, Legendary Trees disclaims all representations, warranties and conditions, express or implied with respect to the Site, Submissions, the content and any products or services, including without limitation, warranties or conditions of merchantable quality, merchantability, durability, fitness for a particular purpose, title, non-infringement, and implied warranties or conditions arising from course of dealing or performance, unless otherwise specifically set forth in the Lifetime Limited Guarantee.

The material displayed on the Site is provided without any guarantees, conditions or warranties as to its accuracy. We reserve the right to revoke offers or correct errors or inaccuracies or omissions.

Limitation of Liability

To the maximum extent permitted by law, Legendary Trees and its parent, subsidiary companies and/or any of its affiliated entities (the “Legendary Trees Group”) exclude all liability for any damages (howsoever arising, including without limitation through contract, tor (including negligence), breach of statutory duty or otherwise) arising out of or in connection with your access to (or inability to access) or use of the Site and its contents. All conditions, warranties and other terms which may be implied by statute, common law or otherwise are hereby excluded to the maximum extent permitted by law. In no event shall the Legendary Trees Group or their respective officers, directors, contractors, employees or agents be liable for: (i) any indirect, special, or consequential loss or damage, or (i) loss of profit, (iii) loss of business, (iv) loss of contract, or (vii) loss of data, in each case, incurred by any user in connection with the Site, any sites linked to it and any materials posted on it, even if Legendary Trees has been previously advised of the possibility of such damage. Nothing in these Terms of Use shall exclude or limit our liability for death or personal injury arising from our negligence, any breach of the obligations implied by applicable law, or for any fraud, or fraudulent misrepresentation or any other liability to the extent it cannot be waived or limited under applicable law.

Governing Law and Jurisdiction

These Terms of Use shall be governed by, construed and enforced in accordance with the laws of the State of Texas. The courts at the registered office of Legendary Trees will have exclusive jurisdiction over any claim or any dispute arising from, or related to, a visit to the Site. Legendary Trees reserves the right to bring proceedings against you for breach of these Terms of Use in your State of residence or any other relevant State.

Invalidity

If any provision of these Terms of Use are held to be invalid, illegal or unenforceable in any jurisdiction, the same will not affect the effectiveness or validity in other jurisdiction or the effectiveness of any other provision herein.

Questions

If you have any concerns about material which appears on the Site or these Terms of Use, please contact us by emailing at: info@legendarytrees.com.

Privacy Policy:

By using this Site you consent to the collection and use of your Personal Information (as defined below) by Legendary Trees consistent with applicable data protection laws and this Policy. If you feel you have objections to this Policy, you should not access the Site.

The following is the Security and Privacy policy (the “Policy”) of the www.LegendaryTrees.com website (the “Site”) operated by LegendaryTrees, LLC (the “Company”),

1 Privacy

1.1 Legendary Trees (“we”) respects the privacy of individuals (“you”) who visit any of our Site or online areas, and we are committed to compliance with data protection laws and protecting the privacy of everyone involved, especially our visitors and our customers. We have created this Policy in order to make you aware of the type of information that we collect from you through your use of our Site and how we use that information. This privacy policy also sets out your rights to and our responsibilities in safeguarding information we collect.

1.2 This Privacy Policy is intended to explain our privacy practices and covers the following areas:

(a) Personal information about you we may hold or collect

(b) How we may use your Personal Information

(d) How we protect your Personal Information

(e) Contacting us & your rights to access and update your Personal Information

(f) Our Cookies Policy

(g) How changes to this Policy and the Cookies Policy will be made

2 Collection of Personal Information

2.1 We collect the following identifiable Personal Information, which may include names, postal addresses, email addresses, billing information, etc., (“Personal Information”):

(a) Information you provide to us by filling in forms or which you upload on the Site. When you place an order on the Site, certain information must be provided including your first and last name, a valid email address, phone number, billing address, shipping address, and credit or debit card information. We will use this information to fulfill the order you place and to communicate with you about it.

(b) If you contact us or if we contact you, we may keep a record of that correspondence or details of any conversation we may have with you. Calls may be recorded.

(c) We may also ask you to complete surveys that we use for research purposes, although you do not have to respond to them.

(d) Details of your visits to the Site and information collected through cookies and other tracking technologies including, but not limited to, your IP address and domain name, your browser version and operating system, traffic data, location data, web logs and other communication data, and the resources that you access in accordance with our Cookies Policy. Although this information is generally non-identifying, where it can be used to identify you we treat it subject to the same safeguards that we apply to personal information.

(e) From third parties as set out below.

2.2 You are free to browse any of our public-facing sites without submitting Personal Information.

2.3 However, you will have to submit certain Personal Information should you:

(a) Place on order to purchase products on the Site;

(b) Submit an information request using our “Contact Us” form;

(d) Sign up for stock alerts or notifications.

2.4 We do not knowingly collect, maintain, or use Personal Information from our Site about children under the age of thirteen (13). Persons under the age of thirteen (13) should not use our Site without supervision from a responsible adult. We will never request Personal Information from a child under the age of thirteen (13) without fully complying with the Children’s Online Privacy and Protection Act (COPPA) and any other applicable legislation, nor without requesting verifiable parental consent. If we are made aware that a child under the age of thirteen (13) has sent Personal Information to us without prior parental consent, we will remove her or his Personal Information from our files.

3 Use of Personal Information

3.1 Personal Information we collect from you will be used for our business purposes only. This Privacy Policy will continue to cover information we may collect about you during the course of our relationship as well as after our relationship has ended.

3.2 Legendary Trees uses your information:

(a) To fulfill the orders you place on the Site or notify you of orders not completed.

(b) To answer any customer service inquiries or requests that you may have.

(d) To understand the shopping habits of our customers to better serve them in the future.

(e) To ensure that content from our site is presented in the most effective manner for you and your device.

(f) We may also use your information for marketing our own and selected third parties’ products and services to you by post, email, SMS, phone and fax and, where required by law, we will ask for your consent at the time we collect your data to conduct any of these types of marketing.

3.3 We will provide an option to unsubscribe or opt-out of further communication on any electronic marketing communication sent to you or you may opt out by contacting us, as set out below.

4 Third party disclosures

4.1 We may permit selected third parties and agents to use your Personal Information, only for the purposes set out above. Such third parties will be subject to obligations to process such information in compliance with the same safeguards that we deploy. Specific examples of possible third party use of your Personal Information are set out below. All such disclosures will only be made in accordance with applicable laws.

4.2 We may need to disclose your Personal Information to companies who work on behalf of Legendary Trees in order to provide a product or service to you, or to fulfill an order.

4.3 We may disclose your Personal Information to third parties, and you consent to the same if (i) we are required to do so by law or legal process, including a validly issued subpoena, warrant or court order; (ii) we are required to do so by law enforcement authorities or other government officials; (iii) we believe disclosure is necessary or appropriate to prevent physical harm, financial loss or injury to, or interference with, our rights or property or right or property of our users or others, or in connection with an investigation of suspected or actual illegal activity; (iv) we reasonably believe that you have used the Site or information obtained from the Site in order to commit unlawful acts or acts that may endanger the health and/or safety of the public; and/or (v) we believe the law in good faith requires such disclosure.

4.4 In the event that the Legendary Trees (or a part thereof) is (i) subject to negotiations for the sale of its business, (ii) is sold to a third party, (iii) undergoes a re-organization, or (iv) in the unlikely event proceeds through any insolvency or bankruptcy proceedings, you agree that any of your Personal Information which it holds may be disclosed to such party (or its advisors) as part of any due diligence process or transferred to that re-organized entity or third party and used for the same purposes or for the purpose of analyzing any proposed sale or re-organization. Such disclosure of Personal Information will be limited to what is necessary to achieve the goal of the business transaction and we will enter into a confidentiality and non-disclosure agreement with the other party(ies) in order to protect the confidentiality and ensure safe destruction of all Personal Information if the business transaction is not concluded.

4.5 Legendary Trees will not sell, trade, or rent your information to anyone.

5 For residents of California (as provided by California Civil Code Section 1798.83)

5.1 Under California law, California residents who have an established business relationship with Legendary Trees may make a written request to Legendary Trees about whether Legendary Trees has disclosed any Personal Information to any third parties for the third parties’ direct marketing purposes during the prior calendar year.

5.2 Legendary Trees adopts and discloses to the public (in this Policy) a policy of not disclosing your Personal Information to third parties for their direct marketing purposes unless you first affirmatively agree to the disclosure.

5.3 Additionally, Legendary Trees provides a cost-free means to opt-out of such sharing. If you do not want Legendary Trees to disclose information to other companies for their marketing purposes after you have already affirmatively agreed to the disclosure, you may also send an email to privacy@LegendaryTrees.com instructing us to no longer share your Personal Information with third parties who will use it for direct marketing purposes. Please also include your name and all of the postal addresses and emails addresses that you have provided to us.

6 Transmission, storage and security of your Personal Information

6.1 No data transmission over the Internet or website can be guaranteed to be secure from intrusion. However, we maintain commercially reasonable physical, electronic and procedural safeguards to protect your Personal Information in accordance with applicable data protection legislative requirements. We also limit access to Personal Information by our own employees to those individuals who are authorized for the proper handling of such information.

6.2 We want you to have an enjoyable and secure shopping experience on our Site. As such, protecting any billing information you submit is important to us. We use the 128-bit Secure Socket Layer (“SSL”) protocol to protect the security of the order information you place with us via our Site as it is transmitted to our server. SSL technology encrypts your information to protect it from being deciphered by anyone other than Legendary Trees.

6.3 If you want to double-check for security, when placing your order, you will notice that the “http” in the web address will be replaced by “https”. Secure pages slow down websites so you will only see this on checkout pages.

6.4 We will retain your Personal Information for as long as is necessary for the processing purpose for which they were collected. Certain details and correspondence may be retained until the time limit for any legal challenges to the supply of the services has expired or in order to comply with regulatory requirements regarding the retention of such data. Data may also be retained for or included in analysis carried out by us with respect to our business.

7 Cookies Policy

7.1 We use cookies as set out in our Cookies Policy and any Personal Information obtained from such cookies in accordance with this Policy.

8 Changes

8.1 We may change the content of the Site or our services without notice, and consequently this Policy and/or Cookies Policy may change at any time in the future. We will take reasonable steps to notify you of material changes to this Policy or the Cookies Policy by posting the revised policy with the date it was revised on the applicable page. Your continuing business relationship with us, the fact that you provide Personal Information to us and your continued use (including access, growing and/or use of any interactive feature) of our Site constitute your agreement to this Policy and the Cookies Policy and any updates thereto. We therefore encourage you to review both policies it from time to time to stay informed of how we are using Personal Information.

9 Your rights and Contacting Us

9.1 We are the data controller in respect of your Personal Information processed by us under this Privacy Policy. We will use reasonable endeavors to ensure that your Personal Information is accurate.

9.2 You have the right to access, update and correct inaccuracies in your Personal Information in our custody and control, subject to certain exceptions or restrictions prescribed by law. This includes: (i) asking us to correct or update any such Personal Information; or (ii) requesting that such Personal Information be unsubscribed from an e-mail or other electronic marketing data base.

9.3 To access, update or correct any inaccuracies in your Personal Information you may contact us at privacy@LegendaryTrees.com. In addition, each time we send you an e-mail or any other type of electronic marketing message, you will be given the option to unsubscribe by simply clicking the unsubscribe link. We may, however, continue to contact you via e-email for administrative or information purposes, including follow-up messages regarding the administration of your account, any services, features or functions you have enrolled in or registered to use, any promotions or contests you have already participated in or have already entered, goods and/or services you have ordered, or other transactions you have undertaken with us.

9.4 We can be contacted in relation to your rights or any questions you may have in respect of this Privacy Policy or our processing of your Personal Information at the following addresses:

Email: privacy@LegendaryTrees.com