Terms of Use
These Terms of Use, together with Southern Branch Nursery/Wild Works of Whimsy’s Privacy Policy, set forth the terms and conditions (“Terms”) that apply to your access and use of the Southern Branch Nursery/Wild Works of Whimsy website, located at https://www.southernbranchnursery.com/ and https://www.wildworksofwhimsy.com/ (together, the “Site”). “Wild Works of Whimsy” includes Wild Works of Whimsy, Southern Branch Nursery, and its officers, directors, employees, consultants, affiliates, subsidiaries, and agents.
By using or accessing the Site you agree to these Terms, as updated from time to time in accordance with Section 19 below. Because Wild Works of Whimsy provides a wide range of services, we may at times ask you to review and accept supplemental terms that apply to your interaction with a specific product or service. These Terms state that any disputes between you and Wild Works of Whimsy must be resolved in small claims court.
1. Account Security. To use the Site, you must (i) be at least eighteen (18) years of age; (ii) have not previously been suspended or removed from the Site; and (iii) use the Site in compliance with any and all applicable laws and regulations.
2. Prohibited Conduct. You agree not to:
A. Use the Site for any illegal purpose, or in violation of any local, state, national, or international law;
B. Violate or encourage others to violate the rights of Wild Works of Whimsy or any third parties, including intellectual property rights;
C. Post, upload, or distribute any content that is unlawful, defamatory, libelous, inaccurate, or that a reasonable person could deem to be objectionable, profane, indecent, pornographic, harassing, threatening, hateful, or otherwise inappropriate;
D. Interfere in any way with security-related features of the Site;
E. Interfere with the operation or any user’s enjoyment of the Site, including by uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code, making unsolicited offers or advertisements to other users, or attempting to collect personal information about users or third parties without their consent;
F. Access, monitor, or copy any content or information of the Site using any robot, spider, scraper, or other automated means or any manual process for any purpose without Wild Works of Whimsy’s express written permission;
G. Perform any fraudulent activity, including impersonating any person or entity, claiming false affiliations, accessing the accounts of other users without permission, or falsifying your identity or any information about you, including age or date of birth; or
H. Sell or otherwise transfer the access granted herein.
3. Electronic Communications, Alerts, Notifications. As part of the Site, you may receive notifications, alerts, emails, or other types of electronic communications regarding the Site. You acknowledge and agree that you may receive communications from us electronically, such as via e-mail or text message or through notices and messages on our Site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Where required by applicable law, we will seek express prior written consent for marketing text messages or calls to you. Additionally, we may use third party vendors to communicate with you. To the extent you have any questions, please refer to their terms of use.
4. Third Party Content. The Site may contain links to third party websites and services. Wild Works of Whimsy provides such links as a convenience, and does not control or endorse these websites and services. You acknowledge and agree that Wild Works of Whimsy has not reviewed the content, advertising, products, services, or other materials that appear on such third party websites or services, and is not responsible for the legality, accuracy, or appropriateness of any such content. Wild Works of Whimsy shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of any such third party websites or services.
5. Intellectual Property. You acknowledge and agree that you relinquish all ownership rights in any ideas or suggestions that you submit to Wild Works of Whimsy through this Site. This Site is protected by applicable copyright and other intellectual property laws, and no materials from the Site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without our express permission. All trademarks and service marks on the Site belong to Wild Works of Whimsy, except third-party trademarks or service marks, which are the property of their respective owners.
6. Pricing. The prices displayed for products available for purchase via the Site represent the applicable retail prices and do not include taxes, shipping, or handling charges (to the extent applicable). Any applicable taxes, shipping, or handling charges will be communicated to you before you place an order. The prices displayed on the Site are quoted in U.S. dollars.
7. Product Information. We make every effort to present the most recent, accurate, and reliable information on the Site at all times. However, occasionally there may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. Products displayed may be out of stock or discontinued, and prices are subject to change. Wild Works of Whimsy is not responsible for errors regarding price, availability, or any other matter. Likewise, Wild Works of Whimsy does not warrant the accuracy of customer product ratings, comments, or feedback.
8. Payment. By submitting an order through the Site, you agree to pay in advance the price of the product(s) ordered, plus any applicable taxes, shipping and handling, and/or other charges. You may make payment by credit card or any other method of payment we may make available to you (each, a “Method of Payment”). In order to make a payment, you must provide us with valid credit card and/or other billing information and authorize us (or any third-party payment service provider engaged by us) to charge your Method of Payment for all orders placed and accepted via the Site. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT METHOD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant us the right to provide such information to third parties for purposes of facilitating the completion of transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any transaction.
9. Purchase History. Your purchase history may include such details as product description, product image, units purchased, purchase price, purchase or order date, store details where the product was purchased, shipping updates, order number, or product manuals, warranties, and instructions. All information related to your purchase history is solely owned by us at all times, but may be made available to you in our sole discretion for your review upon request.
10. Processing Orders. If any problems arise with your order, or with the shipping address or Method of Payment associated with your purchase, and we are unable to resolve the problem, we may notify you via the contact information provided at the time of your purchase. If problems arise with your order that we cannot resolve, your order may be cancelled and we may not be able to process future purchases until the problem has been resolved.
11. Cancellation. We reserve the right to cancel, modify, or suspend any order placed if we determine in our sole discretion that a user has violated these Terms, including by engaging in any fraudulent or misleading activity (for example, by using false names, multiple identities, multiple email accounts or email addresses, impersonating another person, or otherwise providing false or misleading information), or if we believe, in our sole discretion, that a user’s conduct violates applicable law or is harmful to our interests.
12. Indemnification. You agree that you will be personally responsible for your use of the Site, and you agree to defend, indemnify, and hold harmless Wild Works of Whimsy from and against any and all claims, liabilities, damages, losses, and expenses (including attorneys’ and accounting fees and costs), arising out of or in any way connected with (i) your access to, use of, or alleged use of the Site; (ii) your violation of the Terms or any applicable law or regulation; (iii) your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property, or privacy right; or (iv) any disputes or issues between you and any third party. Wild Works of Whimsy reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.
13. Reliance on Information Posted. The information presented on or through the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such information by you or any other visitor to the Site, or by anyone who may be informed of any of the Site’s contents.
14. Termination. If you violate these Terms, your permission to use the Site will automatically terminate. In addition, Wild Works of Whimsy, in its sole discretion, may suspend or terminate your user account and/or suspend or terminate some or all of your access to the Site at any time, with or without notice to you. You may terminate your account at any time by contacting Wild Works of Whimsy at [fill in contact information][KF1] . After your account is terminated, information and content previously provided by you will no longer be accessible through your account, but Wild Works of Whimsy may continue to store such information and content, and it may also be stored by third parties to whom it has been transferred through your use of the Site.
15. Modification of the Terms. Wild Works of Whimsy reserves the right at any time to modify these Terms and to impose new or additional terms or conditions on your use of the Site. Such modifications and additional terms and conditions will be effective immediately upon notice and incorporated into these Terms. We will make reasonable efforts to notify you of any material changes to the Terms, including, but not limited to, by posting a notice to our website or by sending an email to any address you may have provided to us. Your continued use of the Site following notice will be deemed acceptance of any modifications to the Terms.
16. Disclaimers of Warranties. The Site is provided “as is” and on an “as available” basis, without warranty or condition of any kind, either express or implied. Although Wild Works of Whimsy seeks to maintain safe, secure, accurate, and well-functioning services, we cannot guarantee the continuous operation of or access to our Site, and there may at times be inadvertent technical or factual errors or inaccuracies. Wild Works of Whimsy specifically (but without limitation) disclaims (i) any implied warranties of merchantability, fitness for a particular purpose, quiet enjoyment, or non-infringement; and (ii) any warranties arising out of course-of-dealing, usage, or trade. You assume all risk for any/all damages that may result from your use of or access to the Site. Wild Works of Whimsy does not guarantee the accuracy of, and disclaims all liability for, any errors or other inaccuracies in the information, content, recommendations, and materials made available through the Site.
17. Limitation of Liability. In no event will Wild Works of Whimsy be liable to you for any incidental, special, consequential, direct, indirect, or punitive damages, whether based on warranty, contract, tort (including negligence), statute, or any other legal theory, whether or not Wild Works of Whimsy has been informed of the possibility of such damage. Some jurisdictions do not allow the disclaimer of warranties or limitation of liability in certain circumstances. Accordingly, some of the above limitations may not apply to you.
18. Governing Law. These Terms are governed by the laws of the United States and the Commonwealth of Virginia, without regard to conflict of law principles. You and Wild Works of Whimsy agree to submit to the exclusive personal jurisdiction of the state courts and federal courts located within Virginia Beach, Virginia, for the purpose of litigating any such disputes.
19. Modification of the Site. Wild Works of Whimsy reserves the right to modify or discontinue, temporarily or permanently, some or all of the Site at any time without any notice or further obligation to you. You agree that Wild Works of Whimsy will not be liable to you or to any third party for any modification, suspension, or discontinuance of any of the Site.
20. General.
I. Entire Agreement. These Terms, together with the Privacy Policy, constitute the entire and exclusive understanding and agreement between you and Wild Works of Whimsy regarding your use of and access to the Site, and except as expressly permitted above may only be amended by a written agreement signed by authorized representatives of the parties.
J. No Waiver. The failure to require performance of any provision shall not affect our right to require performance at any time thereafter, nor shall a waiver of any breach or default of the Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself.
K. Paragraph Headers. Use of paragraph headers in the Terms is for convenience only and shall not have any impact on the interpretation of particular provisions.
L. Severability. In the event that any part of the Terms is held to be invalid or unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remaining parts will remain in full force and effect.
21. Notice to California Residents. Under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the service or to receive further information regarding use of the service.
Last updated: May 29, 2024.