Policies

Shipping & Returns Policies

EFFECTIVE JANUARY 1, 2020

GardenTap’s Problem-Solving Policies

At GardenTap, our mission is to make shopping for garden supplies as easy as possible—and that extends to our policies on returns, defective products, and the shipping issues we know can crop up from time to time.

We designed the following guidelines to take the stress out of the problem-solving process, but if you have additional questions about our return and shipping policies, you can chat with us, fill out a contact form online, or send us an email at support@gardentap.com.

As your growing partner, we will always be here for you!

Our Return Rules

We will happily accept most unopened items within 30 days and provide you with a refund, regardless of the reason. Because we offer a number of ways to start the return process, here are a few simple rules that will help make the whole process go smoothly:

• ALL returned products need a Return Merchandise Authorization number, which you can get under “My Account” by tapping the “Refund” button and completing the form. We promise to generate your RMA number and email it to you within one business day.
• If you ordered as a guest, you can click here, chat with us, fill out the contact form online, or send us an email at support@gardentap.com and we will get the RMA number right out to you.
• When we send the RMA number, we’ll include a prepaid shipping label. If you use the label and the issue causing the return was our fault, there’s no shipping charge. Otherwise, we’ll deduct the cost of shipping from your refund.
• Generally, it takes about 4 to 5 business days for your item to reach us.
• Refunds are always issued via the original payment method. Orders canceled after shipment we consider “unopened returns,” and we can’t (unfortunately!) refund the shipping costs.
• If it’s been more than 30 days but less than 90 days since you bought the item, you’ll automatically be charged a 20% restocking fee (sorry about that!).
• Unfortunately, we can’t accept any returns after 90 days have passed since your purchase.
• We also can’t accept returns on clearance items in our Last Chance category, and fertilizer products.
• While we can’t take returns on special order items, such as Manufacturer Direct or custom orders, we’re happy to replace them if they are defective.
• Returned products must be in new, resellable condition, in the original manufacturer’s packaging, sent in a shipping box for protection. Oh, and don’t forget to include all the accessories it came with!
• There’s no need to use our label if you’d rather ship the products yourself. You’ll want to be sure to get tracking and insurance, just in case!
• We really don’t like to do it, but GardenTap may refuse a return for any item that’s not in “like new” condition.

The Scoop On Shipping

• We offer free shipping on pre-tax orders over $50 to the continental US. Manufacturer Direct and special order items may require extra charges. There’s no free shipping to Alaska or Hawaii.
• Returns made at your discretion will cause any GardenTap Rewards Points earned on the original purchase to be deducted from your account.
• Products that come direct from the manufacturer will be subject to standard shipping charges.

Freight Shipments

If your order is extra large, super fragile, or needs other special handling, we might need to use a shipping service to deliver it to you. In that case, it’s important that you give us the right information, including:

• Is the delivery address residential or commercial?
• Is the delivery address a rural address?
• Is there a scheduled delivery time required?
• Is a gate code necessary to ensure delivery?
• Is a lift gate required upon delivery?
• Is a forklift available to be used to unload?

Please remember that if any of the info you provide is incorrect, you could unfortunately end up paying additional shipping costs.

Most freight shipments need someone to sign for them, and whoever accepts the shipment should also inspect it for damage. If you discover any problems after the shipment is accepted, please let us know within 72 hours—and be sure to include your order number, photos of the damage, and your delivery receipt with the damage noted on it.

This also holds true for any items damaged when shipped through UPS, FedEx, or USPS. Refuse the shipment if possible and be sure you note the damage on the delivery receipt. If you can’t refuse the shipment, follow the Return Rules above to start the claims process.

Don’t forget to inspect your GardenTap packages within 72 hours of arrival, because we can’t promise a replacement or refund if we aren’t notified of any problems within that time frame.

Some Other Freight Facts:

• If you decide to cancel a freight shipment after the carrier has picked up the product, you’re responsible for all charges incurred by them, including return shipping charges and return fees.
• If you decide to refuse the shipment for any reason besides damage, you also are responsible for full freight charges and fees for both shipping and return, as well as a minimum 20% restocking fee. Of course, that doesn’t include any shipping errors made by GardenTap—something we work hard to avoid!
• ALL returned products need a Return Merchandise Authorization number, which you can get under “My Account” by tapping the “Refund” button and completing the form. We promise to generate your RMA number and email it to you within one business day.
• If you ordered as a guest, you can click here, chat with us, fill out the contact form online, or send us an email at support@gardentap.com, and we will get the RMA number right out to you.
• When we send the RMA number, we’ll send you a Bill of Lading and arrange for a pickup. If the issue causing the return was our fault, there’s no shipping charge. Otherwise, we’ll deduct the cost of freight from your refund.

Find a Defect?

If one of our products turns out to be defective or broken, just send it back to us within 30 days. Once we determine it is indeed defective, we’ll be glad to replace it, give you credit toward an alternative option, or refund your purchase price.

• ALL returned products need a Return Merchandise Authorization number, which you can get under “My Account” by tapping the “Refund” button and completing the form. We promise to generate your RMA number and email it to you within one business day.
• If you ordered as a guest, you can click here, chat with us, fill out the contact form online, or send us an email at support@gardentap.com, and we will get the RMA number right out to you.
• When we send the RMA number, we’ll include a prepaid shipping label. If you use the label and the issue causing the return was our fault, there’s no shipping charge. Otherwise, we’ll deduct the cost of shipping from your refund.
• Generally, it takes about 4 to 5 business days for your item to reach us.

If problems or defects come up outside the 30-day return window, you will only be eligible for a repair or replacement under the manufacturer’s warranty policy, which can vary from supplier to supplier.

Some manufacturers require postage to be paid by the customer, and some will only repair items under warranty—not replace them. Others require customers to contact them directly for assistance and troubleshooting prior to offering a repair or replacement.

If you are going to return something to a manufacturer, please put the original manufacturer’s packaging inside a shipping box, and don’t forget to include any accessories that came with the item.

The GardenTap team can answer most of your questions about warranties, and it’s a good idea to ask about them before you make your purchase with us—just to be safe!

How Long Before You Get Your Money Back?

When it comes to refunds, we promise to process your item as quickly as we can. It can take 4 to 5 business days to reach our fulfillment center, and then we’ll get right on it!

Once your return is received and inspected, we’ll email you to let you know whether your refund request is approved.
We will automatically apply all approved refunds to your original method of payment within 2 business days. Please note, depending on your credit card company’s processing times, it can take an additional 2 to 10 business days after your credit is applied for it to post to your account.

If you applied a coupon when you purchased the item you’re returning, a refund for the discounted price will be issued via your original payment method.

If You Change Your Mind:

You can still cancel your order if it has not yet been fulfilled and picked up by the shipping carrier. We’ll issue you a full refund and send you an email to let you know.

If your order has physically shipped (partially or completely) it is considered fulfilled and you will have to return it, meaning it will be subject to shipping and restocking fees, if applicable.

If you cancel an item after it ships, follow Our Return Rules listed above. Unfortunately, for cases like these, we can’t refund your shipping costs.

If Your Package Disappears:
GardenTap is not responsible for lost or stolen packages. After ordering, we recommend you sign up for automatic updates through our order tracking emails so you can stay up to date on delivery information.

If you are unable to locate your package, and your tracking indicates it has been delivered, try the following steps:

1. Wait 24 to 48 hours, as some tracking updates occur prior to delivery, especially during holidays and high-traffic seasons.
2. Contact your neighbors and ask about any packages addressed to you.
3. Contact the appropriate carrier with the tracking information.
4. Review your order information at My Account on the GardenTap site here to double check that the shipping address is accurate.

If it’s determined your package has been stolen, contact your local police department or postal inspector and file a report.

If your package fails to arrive, is stuck in transit, or if you have not received the tracking updates, please chat with us, fill out the contact form online, or send us an email at support@gardentap.com and we will investigate the issue.

Tiered Discounts

EFFECTIVE JANUARY 2, 2020

Program Details

Account Tally

Once every six months – on the last business day of March and September – we perform an Account Tally from a rolling 12-month period of the cumulative account purchases you’ve made with Left Coast Wholesale. Purchase totals are based on post-discount prices and do not include shipping and fees.

Discount Tiers

Based on your Cumulative Account Purchases, you may qualify for one of eight Discount Tiers. Your Ongoing Discount Reward gives you a percentage discount on eligible items and is applied to all qualified orders until your next semiannual account tally.

Privacy Policy

EFFECTIVE JANUARY 1, 2020

Overview

This website is operated by GardenTap. Throughout the site, the terms “we,” “us,” and “our” as well as “GardenTap” refer to GardenTap and “you” or “user” to refer to you or the person using the website.

The following explains our privacy policy with respect to user information.

CCPA Compliance

Starting on January 1, 2020, the California Consumer Privacy Act (“CCPA”) governs how businesses handle the personal information of California residents. We have updated our privacy policy to be in compliance with this latest guideline.

One of our core business values is that we treat your information with respect. We never sell or give away your data to third party vendors. Although our business does not fall under the requirements of the CCPA, we still feel it is right to inform you of how your personal data are used.

It is necessary for us to process your personal information to complete orders. We do not sell any of our user information, personal or otherwise, to third parties.

If you have any questions, comments, or concerns about how your data are handled in regard to CCPA regulations, please contact us at contact@gardentap.com.

GDPR Compliance

The General Data Protection Regulation (“GDPR”) compliance guidelines were updated on June 1, 2018. We have since updated our privacy policy as well to comply with the latest GDPR guideline.

What is GDPR?

The General Data Protection Regulation (GDPR) is a legal framework that sets guidelines for the collection and processing of personal information of individuals within the European Union (EU). For the legal details, click here.

While GDPR is specific to individuals and businesses in the EU, we are applying compliance protocols and opt-in/opt-out documentation across our programs.

You may opt-out of all of our marketing and information distribution at any time.

What Does This Mean to You?

Because GDPR is based on protecting your personal data and privacy, you can feel confident visiting our website. We’ve always treated your information with respect. You will see some extra legal language in our updated privacy policy.

Information We Collect

We may collect and process the following data about you:

Information You Provide to Us

You may give us information about you when you register with our website or by communicating with us through our website, by phone, by email, through social media, or otherwise. This includes information you provide when you create a customer account, use our services, provide us with feedback, place orders, when you report a problem with our website, or otherwise. The information you give us may include your name, company, address, email address, phone number, and credit or debit card details.

Information We Collect About You Based on Your Use of the Website

To improve our overall user experience and protect against bad actors such as hackers, we do follow standard practices of logging certain activities for site analytics and improvement. When you visit our website or use our app we may automatically collect the following information:

Technical information including the Internet Protocol (IP) address used to connect your device to the Internet, your login information, browser type and version, time-zone setting, operating system, device information (such as the model and version of your device), platform, and;

Information about your visit, including products you viewed or searched for; page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), methods used to browse away from the page, and any data entered into the page during your visit; and

Location data, including your precise location (longitude and latitude details with the time that the details are captured), which is provided by using information, such as your IP address or GPS sensors. We will only collect information about your location if you have provided consent for us to do so.

When provided, billing information including contact information and billing address. We use WooCommerce to do so, which is encrypted and stored via WooCommerce’s servers.

We retain email addresses for Customer services and personalize marketing purposes. If you signed up for one or more of our marketing newsletters, you will receive it according to its regular schedule. Marketing newsletters are always an opt-in. If at any time you wish to unsubscribe from our emails, it is quick and easy to do that via the “unsubscribe” link at the bottom of each message you receive, or by contacting us a contact@gardentap.com. We will not sell or give a third party your email address.

We log purchase history to provide excellent customer service, including facilitating future orders and verifying return material authorizations in the case of refund or return requests.

We also will use your purchase history to accurately calculate points and discounts earned in our loyalty program.

Consent

When you provide us with personal information to complete a transaction, verify your credit card, place an order, arrange for a delivery, or return a purchase, we imply that you consent to our collecting it and using it for that specific reason only. It is necessary that we collect personal data mentioned above to complete the order.

If we ask for your personal information for a secondary reason, like marketing, we will either ask you directly for your express consent, or provide you with an opportunity to say no.

All automatically collected personal information is treated with respect in accordance with best practices, and no effort is made to link the above personal information to a particular user with the possible exception of investigating fraudulent or other potentially malicious activities.

If you change your mind after you opt-in, you may withdraw your consent for us to contact you, for the continued collection, use, or disclosure of your information, at any time, by contacting us at contact@gardentap.com or mailing us at:

GardenTap
1800 Lombardi Ln.
Santa Rosa, CA, US 95407

Disclosure

In certain situations, we may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law-enforcement requirements. We may disclose aggregated user statistics in order to describe our services to prospective partners, advertisers, affiliates and other third parties for lawful purposes. We will never disclose such data on an individual or identifiable basis to third parties except when we must comply with laws that require such disclosure to law-enforcement authorities or other government third-party officials, such as subpoenas, or when we believe in good faith that such disclosure is necessary to protect our rights, protect your safety or the safety of others, or to investigate fraud.

WooCommerce Platform

Our online store is built on the WordPress platform with the WooCommerce plugin. We license this software to allow us to sell our products and services to you.

Your data are collected and stored through WordPress’s and WooCommerce’s data storage, databases, and the general WordPress and WooCommerce applications. We store your data on a secure server behind a firewall.

You can read more about WordPress and WooCommerce security standards here:

https://docs.woocommerce.com/document/woocommerce-security-faq/

By default, WooCommerce retains:

• What products a customer ordered and when
• Name, company, e-mail address, and phone number provided by the customer
• Billing and shipping addresses entered by the customer
• A note about payment method used by the customer

Third-Party Services

We use third party analytics services, such as Google Analytics, to help analyze, at a high level, how users interact with our sites and other products. Anonymous information is gathered by the third party using cookies and other technologies, and may be transferred to them for the purpose of creating reports on user activity. For more information, see:

• Google Analytics
• Google Ads
• Facebook Ads

GardenTap uses the authorize.net payment platform. For more information, see:

• Authorize.net

When we do use a third party, we ensure that their terms of use and privacy policies align with ours and that we set up the tools to protect user data. By using our sites, you consent to the processing of your data in the manner and for the purposes outlined above.

Certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies with respect to the information we are required to provide to them for your purchase-related transactions.

For these providers, we recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled by these providers. In particular, remember that certain providers may be located in or have facilities that are located in a different jurisdiction than either you or us. So if you elect to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located.

As an example, if you are located in Canada and your transaction is processed by a payment gateway located in the United States, then your personal information used in completing that transaction may be subject to disclosure under United States legislation, including the Patriot Act.

Once you leave our store’s website or are redirected to a third-party website or application, you are no longer governed by this Privacy Policy or our website’s Terms of Use.

When you click on links on our store, they may direct you away from our site. We are not responsible for the privacy practices of other sites.

Security

To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered, or destroyed.

If you provide us with your credit card information, the information is encrypted using secure socket layer technology (SSL) with AES-256 encryption. Although no method of transmission over the Internet or electronic storage is 100% secure, we follow all PCI-DSS requirements and implement additional generally accepted industry standards.

Cookies

To help us improve the performance and user experience of our sites, we will employ a standard mechanism called a “cookie” to store limited amounts of information on a site-user’s browser or device. Cookies are employed when necessary to facilitate a transaction (examples include signing up for a newsletter, purchasing a product, or completing a survey) to let us know when you visit our websites, how you interact with us, to enrich user experience (such as to keep a pop-up window from opening up repeatedly or improve functionality based on aggregate site-user behavior information), to customize your relationship with us, to allow a third party tool to function, or when otherwise reasonably necessary.

Cookies are widely used to “remember” you and your preferences, either for a single visit through a “session cookie” or for multiple repeat visits using a “persistent cookie.” They ensure a consistent and efficient experience for visitors and perform essential functions such as allowing users to register and remain logged in.

Cookies may be set by the site that you are visiting, known as “first-party cookies,” or by third parties, such as those who serve content or provide advertising or analytics services on the website, known as “third-party cookies.” Both websites and HTML emails may also contain other tracking technologies such as “web beacons,” or “pixels.” These are typically small transparent images that provide us with statistics for similar purposes as cookies. They are often used in conjunction with cookies, although they are not stored on your computer in the same way. If you disable cookies, the web beacons may still load, but their functionality will be restricted.

Here is a list of necessary cookies that we use.

We also use certain non-necessary cookies provided by Google Analytics, Google Ad Network, and Facebook. Non-necessary cookies may not be particularly necessary for the website to function and are used specifically to collect usage data via analytics, ads, other embedded content.

These cookies will be stored in your browser only with your consent. You may opt-out of non-necessary cookies by accessing cookie settings. Note that blocking some types of cookies may impact your experience on our websites and the services we are able to offer.

No personal information is stored within necessary or non-necessary cookies.

Age of Consent

By using this site, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

Reviews

By purchasing a product on GardenTap.com, you give us the express consent to use CusRev to process your purchase history data for collection and verification of reviews if you choose to review a product or purchase. To learn more about how CusRev uses your data to verify reviews, visit their website for terms at https://www.cusrev.com/terms.html, or send an email to support@cusrev.com

Changes to This Privacy Policy

We reserve the right to modify this privacy policy at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on the website. If we make material changes to this policy, we will notify you here that it has been updated, so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we use and/or disclose it.

Questions and Contact Information

If you would like to access, correct, amend, or delete any personal information we have about you, register a complaint, or simply want more information, contact us at contact@gardentap.com or by mail at:

GardenTap
1800 Lombardi Ln.
Santa Rosa, CA, US 95407

Terms & Conditions

EFFECTIVE JANUARY 1, 2021

Overview

This website is operated by GardenTap. Throughout the site, the terms “we,” “us,” and “our” as well as “GardenTap” refer to GardenTap. GardenTap offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

By accessing our site and/or purchasing from us, you agree to these “Terms & Conditions” or “Terms of Use,” which may include additional terms and conditions and policies referenced herein and available by hyperlink. These Terms of Use apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, or contributors of content.
Please read these Terms of Use carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Use. If at any time you do not accept all of these Terms of Use, you must immediately stop using the site.

Any new features or tools added to the current store shall also be subject to the Terms of Use. You can review the most current version of the Terms of Use at any time on this page. We reserve the right to update, change, and replace any part of these Terms of Use by posting updates or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted through WordPress and WooCommerce. They provide us with an online e-commerce platform that allows us to sell our products and services to you.

Intellectual Property Rights

Unless otherwise indicated, the site is our proprietary property. All source code, databases, functionality, software, website designs, audio, video, text, photographs, downloadable documents, and graphics on the site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions.

The Content and the Marks are provided on the site “as is” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the site, Content, or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever without our express prior written permission.

Provided that you are eligible to use the site, you are granted a limited license to access and use the site and to download or print a copy of any portion of the content to which you have properly gained access solely for your personal, noncommercial use. We reserve all rights not expressly granted to you in and to the site, the Content, and the Marks.

Online Store Terms

By agreeing to these Terms of Use, you represent that you are at least the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use this site.

You may neither use our products for any illegal or unauthorized purpose, nor may you, in the use of the site, violate any laws in your jurisdiction, including but not limited to copyright laws.

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms of Use will result in an immediate termination of your online access and suspension or cancellation of your account.

General Conditions

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your information (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the site, use of the site, access to the site, or any contact on the website through which products and services are provided without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms of Use.

Accuracy, Completeness and Timeliness of Information

We are not responsible if information made available on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this site is at your own risk.

All product use directions presented on the GardenTap site are intended only as summaries of the complete instructions. For full directions, including any warnings and restrictions, you should always refer to and follow all instructions listed on the product labels.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

Modifications to the Use and Prices

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the use (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third party for any modification, price change, suspension, or discontinued use.

Products and Services

Certain products and services may be available exclusively through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colors and images of our products. We cannot guarantee that your computer monitor or other display will represent colors accurately.

We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time, without notice and at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations or that any errors will be corrected.

Accuracy of Billing and Account Information

We reserve the right to refuse any order you place with us. We may, at our sole discretion, limit or cancel quantities purchased per person, per household, per business, per location, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that in our sole judgment appear to be placed by dealers, resellers, or distributors.

You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address, billing address, credit card numbers, and expiration dates, so that we can complete your transactions and contact you as needed.

Optional Tools

We may provide you with access to third-party tools that we neither monitor nor have any control or input over.

You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of third-party tools.

Any use by you of tools offered through the site is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms under which tools are made available by the relevant third-party provider(s).

We may also, in the future, offer new services and features through the website (including the release of new tools and resources). Such new features and services shall also be subject to these Terms of Use.

Third-party Links

Certain content, products, and services available via our website may include materials from third parties.

Third-party links on this site may direct you to third-party websites not affiliated with us. We are not responsible for examining or evaluating the content or accuracy, and we do not warrant and will not have any liability or responsibility for any third-party materials or websites or for any other materials, products, or services of third parties.

We are not liable for any harm or damages related to the purchase or use of products, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.

User Comments, Feedback, and Other Submissions

If at our request you send certain specific submissions (such as contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively “comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit, or remove content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or that violates any party’s intellectual property or these Terms of Use.

You agree that your comments will not violate any rights of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the site or any related websites or systems. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.

Personal Information

Your submission of personal information through the store is governed by our Privacy Policy.

Errors, Inaccuracies, and Omissions

Occasionally, there may be information on our site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information or cancel orders if any information in the service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend, or clarify information in the service or on any related website, including without limitation pricing information, except as required by law. No specified update or refresh date applied in the service or on any related website should be taken to indicate that all information in the service or on any related website has been modified or updated.

Prohibited Uses

In addition to other prohibitions as set forth in the Terms of Use, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the site or of any related website, other websites, or the internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the site or any related website, other websites, or the internet. We reserve the right to terminate your use of the site or any related website for violating any of the prohibited uses.

Disclaimer of Warranties; Limitation of Liability

We do not guarantee, represent, or warrant that your use of our site will be uninterrupted, timely, secure, or error-free.

We do not warrant that the results that may be obtained from the use of the site will be accurate or reliable.
You agree that from time to time we may remove the site for indefinite periods of time or cancel any services at any time without notice to you.

You expressly agree that your use of or inability to use the site or services is at your sole risk. The site and all products and services delivered to you through the site are (except as expressly stated by us) provided “as is” and “as available” for your use without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and noninfringement.

In no case shall GardenTap, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, or claim or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise, arising from your use of any of the site, or any products or services procured using the site, or for any other claim related in any way to your use of the site or any product or service, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the site or any content, product, or service posted, transmitted, or otherwise made available via the site, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

Indemnification

You agree to indemnify, defend, and hold harmless GardenTap and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Use or the documents they incorporate by reference, or your violation of any law or the rights of a third party.

Severability

Should any provision of these Terms of Use be determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Use. Such determination shall not affect the validity and enforceability of any other remaining provisions.

Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Use are effective unless and until terminated by either you or us. You may terminate these Terms of Use at any time by notifying us or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Use, we also may terminate this agreement at any time without notice, and you will remain liable for all amounts due up to and including the date of termination, and/or accordingly we may deny you access to our site or any part thereof.

Entire Agreement

Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.

These Terms of Use and any policies or operating rules posted by us on this site or in respect to the use of our site constitutes the entire agreement and understanding between you and us and governs your use of the site, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Use).

Any ambiguities in the interpretation of these Terms of Use shall not be construed against the drafting party.

Governing Law

These Terms of Use and any separate agreements whereby we provide you services shall be governed by and construed in accordance with the laws of the state of California and any applicable federal statutes of the United States of America.

Changes to Terms of Use

You can review the most current version of the Terms of Use at any time at this page.

At our sole discretion, we reserve the right to update, change, or replace any part of these Terms of Use by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or services following the posting of any changes to these Terms of Use constitutes acceptance of those changes.

Contact Information

Questions about the Terms of Use should be sent to us at contact@gardentap.com or by mail at:

GardenTap
1800 Lombardi Ln.
Santa Rosa, CA, US 95407