Website Terms of Use
Agreement between user and takemychristmastree.com
Welcome to takemychristmastree.com. The takemychristmastree.com website (the “Site”) is comprised of various web pages operated by Take My Christmas Tree, LLC. (“Take My Christmas Tree”). takemychristmastree.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of takemychristmastree.com constitutes your agreement to all such terms. Please read these terms carefully, and keep a copy of them for your reference.
takemychristmastree.com is an E-commerce Services Site.
Electronic Communications
Visiting takemychristmastree.com or sending emails to Take My Christmas Tree constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Your account
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Take My Christmas Tree is not responsible for third party access to your account that results from theft or misappropriation of your account. Take My Christmas Tree and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Take My Christmas Tree does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use takemychristmastree.com only with permission of a parent or guardian.
Payment Policy
Order completion requires payment in full for all goods and/or services prior to any services being performed and/or prior to any other products or services being shipped, delivered, or services being scheduled or rendered.
All payments, including but not limited to support, services, shipping, and customs, must be received within 15 days of the original invoice date through Simplify Commerce to [email protected]. If any or all payment is not completed within 15 days of the original invoice date, Take My Christmas Tree reserves the right to assume ownership of your goods and/or take legal action in order to reconcile your remaining payment balance.
Cancellation/Refund Policy
You may cancel your order at any time. Please email customer support to cancel any orders. Any cancellations made after completion of any support or service will not qualify for a full refund. Cancellations made under 3 days from the time of any confirmed appointment will be subject to a $25 cancellation fee, which is taken from any refunds that are granted. If your tree is not placed curbside by the time you selected your tree to be picked up on your pickup day (or by 8AM if no time slots can be chosen by the customer), that is considered a missed appointment. There are no refunds on any missed appointments. Missed appointments are subject to a $25 missed appointment fee if the customer would like the service they purchased to be rendered sometime after their missed appointment. Management for Take My Christmas Tree will select an available time in the company pickup schedule to reschedule the customer’s missed appointment. Refunds are given up to the amount paid based on the remaining invoiced balance for products, support and/or services. Please contact us at [email protected] with any questions.
Promotional Coupon Code Policy
All promotional coupon codes (on the order form) are valid only with orders consisting of at least $29.99 dollars of Take My Christmas Tree services. Take My Christmas Tree services do not include costs associated with any shipping, storage, or tangible product orders. Promotional coupon codes cannot be used for any shipping, storage, tangible product orders.
Links to third party sites/Third party services
takemychristmastree.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Take My Christmas Tree and Take My Christmas Tree is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Take My Christmas Tree is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Take My Christmas Tree of the site or any association with its operators.
Certain services made available via takemychristmastree.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the takemychristmastree.com domain, you hereby acknowledge and consent that Take My Christmas Tree may share such information and data with any third party with whom Take My Christmas Tree has a contractual relationship to provide the requested product, service or functionality on behalf of takemychristmastree.com users and customers.
No unlawful or prohibited use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use takemychristmastree.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Take My Christmas Tree that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Take My Christmas Tree or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Take My Christmas Tree content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Take My Christmas Tree and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Take My Christmas Tree or our licensors except as expressly authorized by these Terms.
Third Party Accounts
You may be able to connect your Take My Christmas Tree account to third party accounts. By connecting your Take My Christmas Tree account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature if indeed it is available to you to use.
International Users
The Service is controlled, operated and administered by Take My Christmas Tree from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Take My Christmas Tree Content accessed through takemychristmastree.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Take My Christmas Tree Promotional Coupon Code Policy
Use of any promotional coupon codes to your order is done at the discretion of Take My Christmas Tree. The use of a promotional coupon code does not provide an express or implied guarantee for a discount on any order. The use of a promotional coupon code provided by Take My Christmas Tree, a third party, or affiliate can be revoked at any time with or without notice.
Indemnification
You agree to indemnify, defend and hold harmless Take My Christmas Tree, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Take My Christmas Tree reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Take My Christmas Tree in asserting any available defenses.
Liability disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. TAKE MY CHRISTMAS TREE AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
TAKE MY CHRISTMAS TREE AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. TAKE MY CHRISTMAS TREE AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TAKE MY CHRISTMAS TREE AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF TAKE MY CHRISTMAS TREE OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Termination/access restriction
Take My Christmas Tree reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of California and you hereby consent to the exclusive jurisdiction and venue of courts in California in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Take My Christmas Tree as a result of this agreement or use of the Site. Take My Christmas Tree’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Take My Christmas Tree’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Take My Christmas Tree with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Take My Christmas Tree with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Take My Christmas Tree with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
Take My Christmas Tree reserves the right, in its sole discretion, to change the Terms under which takemychristmastree.com is offered. The most current version of the Terms will supersede all previous versions. Take My Christmas Tree encourages you to periodically review the Terms to stay informed of our updates.
Contact Us
Take My Christmas Tree welcomes your questions or comments regarding the Terms:
Take My Christmas Tree
P.O. Box 250387
Atlanta, GA 30325
Email Address: sales@takemychristmastree .com
Effective as of January 3, 2019.