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TERMS OF SERVICE

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Last Updated: Oct. 2024

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Welcome to Kaleo Cactus Garden (“we,” “our,” or “us”). By accessing or using our website Kaleo Cactus Garden (the “Site”), you agree to be bound by these Terms of Service (“Terms”). Please read these Terms carefully. If you do not agree to these Terms, please do not use our Site.

 

1. Eligibility

You must be at least 18 years old, or the age of legal majority in your jurisdiction, to use our Site. By using the Site, you represent and warrant that you have the right, authority, and capacity to enter into these Terms.

 

2. User Accounts

To access certain features of our Site, you may need to create an account. You agree to:

  • Provide accurate, current, and complete information.

  • Maintain the confidentiality of your account and password.

  • Accept responsibility for all activities that occur under your account.

We reserve the right to suspend or terminate your account if we suspect any unauthorized use or other security breaches.

 

3. Purchases

If you make a purchase through the Site, you agree to provide accurate and complete information. You authorize us to charge the payment method you provide for all applicable fees. All sales are final, except as expressly provided in our Return Policy.

 

4. Intellectual Property

All content, including text, graphics, logos, and images on our Site, is the exclusive property of Kaleo Cactus Garden and is protected by copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, or create derivative works of any content without our express written consent.

 

5. User Conduct

By using our Site, you agree not to:

  • Violate any applicable laws or regulations.

  • Infringe upon our or any third party's intellectual property or other rights.

  • Engage in any activity that could harm the Site, its users, or third parties.

We reserve the right to restrict, suspend, or terminate access to our Site for any user who violates these Terms.

 

6. Third-Party Links

Our Site may contain links to third-party websites. We are not responsible for the content or practices of these sites. You access any linked sites at your own risk, and we encourage you to review their terms and privacy policies.

 

7. Disclaimers and Limitation of Liability

The Site and all content are provided on an “as-is” and “as-available” basis without warranties of any kind. To the maximum extent permitted by law, we disclaim all warranties, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

In no event will Kaleo Cactus Garden be liable for any indirect, consequential, exemplary, incidental, or punitive damages, including lost profits, even if we have been advised of the possibility of such damages.

 

8. Indemnification

You agree to indemnify, defend, and hold harmless Kaleo Cactus Garden and our officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, or expenses arising out of or related to your use of the Site or violation of these Terms.

 

9. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of California, without regard to its conflict of law principles. You agree to submit to the exclusive jurisdiction of the courts located in San Bernardino County, California, for the resolution of any disputes arising out of or relating to these Terms or your use of the Site.

 

10. California Consumer Privacy Act (CCPA) Rights

If you are a California resident, you have specific rights under the CCPA, including the right to:

  • Request access to the personal information we collect about you.

  • Request deletion of your personal information, subject to certain exceptions.

  • Opt-out of the sale of your personal information.

To exercise these rights, please contact us at info@KaleoCactusGarden.com For more information, please review our Privacy Policy.

 

11. Changes to These Terms

We may update these Terms periodically. Any changes will be posted on this page, with the “Last Updated” date revised accordingly. Continued use of our Site after changes have been posted constitutes your acceptance of the revised Terms.

 

12. Contact Us

If you have any questions about these Terms, please contact us at info@KaleoCactusGarden.com.

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