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Moon Valley Nurseries Family Tree Program

 Terms and Conditions

Moon Valley Nursery Intermediate Holdings, LLC, a Delaware limited liability corporation, its parents, subsidiaries, affiliates, and assigns (hereinafter referred to as “we”, “Moon Valley Nurseries” or the “Company”), may at times offer potential, existing, and past customers the opportunity to refer friends and family via a referral program, known as the Moon Valley Nurseries Family Tree Program (the “Program” or the “Referral Program”) offered through its website located at https://www.moonvalleynurseries.com/family-tree-referral-program-share (the “Platform”). Potential participants in the Referral Program may refer to “Members” as (“Referrer”, “Referring Parties”, or “Advocates”).

  1. Acknowledgment of Understanding and Binding Agreement. By participating in the Program and using the Platform, you are bound by the Terms and Conditions contained herein (“Terms”) and indicate you or your understanding of such Terms and agreement to the same. In addition, the Company’s Terms of Use are available at https://www.moonvalleynurseries.com/terms-and-conditions and Privacy Policy available at https://www.moonvalleynurseries.com/privacy-policy are hereby incorporated herein. All of the Company's decisions are final and binding on Referring Parties.
  2. This Program is meant to be offered to eligible participants in compliance with all Federal and state privacy laws, including but not limited to, the General Data Protection Regulation (“GDPR”) and the California Consumer Privacy Act (“CCPA”). Any personal information collected, processed, and/or used as part of the Program will be used in accordance with Federal and state laws and the Company’s Privacy Policy. For more information regarding retention, use, protection, and rights related to personal information or to “OPT-OUT” of retention and/or use of your personal information related to this Program please visit our dedicated Privacy Policy page at https://www.moonvalleynurseries.com/privacy-policy.  Through the use of the Platform and participation in the Program, a Referring Party (ies) hereby acknowledge(s) that he/she/they will be “Opted In” for the receipt of marketing communications from Moon Valley Nurseries and agree to receipt of the same.    

 

  1. Eligibility. If you are under eighteen (18) years old (for U.S. based Referrers) or the age of majority in your jurisdiction, then you may not use or access the Moon Valley Nurseries Family Tree Program. Children under thirteen (13) years old are prohibited from using the Moon Valley Nurseries Family Tree Program or otherwise providing any personal information to Moon Valley Nurseries.  

 

  1. How the Program Works.  Using the Platform, you can follow the on-screen instructions to refer friends, family members, or colleagues whom you personally know (collectively referred to herein as “Friends”). Once an individual makes a referral, they become a “Member” and will be provided with a unique referral link (“Referral Link”) that allows them to receive the benefit or reward advertised on the Platform, as applicable.  Referred Friends must complete a net purchase of $1,000 or more and the task as described in the referral message.

 

  1. Restrictions.  Members cannot refer themselves or create multiple, fictitious, or fake accounts with the Company. No Referrer may use the Program to violate any law, infringe or violate the rights of any third party, or otherwise act in a manner that is deemed harassing, harmful, illegal, hateful, obscene, or outside the spirit and intent of the Program.  In addition, you may not (i) tamper with the Program, (ii) act in an unfair or disruptive manner, or (iii) use any system, bot, or other device or artifice to participate or receive any benefit in the Program. This includes but is not limited to a general prohibition on posting of the referral codes on any website which offers the referral code to anyone other than Friends, i.e. individuals whom you personally know.  If we believe that a referral code associated with a Referrer’s account was used in such a manner, we have the right to remove all credit associated with that account and remove the Referrer from the Moon Valley Nurseries Platform. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROGRAM MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE COMPANY RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.

 

  1. Rewards.  By making an Approved Referral (defined below), you will receive a reward and your Friend will receive a reward (each, a “Referral Reward”) to be used toward any purchase at Moon Valley Nurseries, subject to the restrictions set forth below. In order to qualify as an “Approved Referral”, your Friend must not be an existing Referrer of the Platform and must be a first-time Referrer of the Service as a result of your referral. Your Friend must make a qualified purchase of $1,000 or more. These rewards may be redeemed in various forms in the Company's sole discretion. Restrictions apply. Each Referral Reward can be used to pay for Moon Valley Nurseries produce in part or in full, but may not be used to pay for reimbursement of, taxes, or other fees. Additionally, if the reward is in the form of a gift card, gift certificate or voucher, it may be subject to the issuer’s terms and conditions.  Rewards are subject to verification. The Company may delay a reward for the purposes of investigation. The Company may also refuse to verify and process any transaction for any reason. 

Unless otherwise stated, rewards have no monetary value and may not be redeemed for cash. They are not transferable and may not be auctioned, traded, bartered, or sold. Please refer to the Terms of Service for additional billing and payment information.

  1.  YOU UNDERSTAND AND AGREE THAT THE INDEMNIFIED PARTIES (DEFINED BELOW) SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, ACTUAL,  CONSEQUENTIAL, ECONOMIC, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF DATA, LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, SYSTEM FAILURE, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY MOON VALLEY NURSERIES, OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES) ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE MOON VALLEY NURSERIES PLATFORM OR THE TASK SERVICES, EVEN IF  ADVISED OF THE POSSIBILITY OF THE SAME. By participating in the Program, you agree to indemnify, defend, and hold harmless Moon Valley Nurseries and Affiliates, and their attorneys, insurers, independent contractors, providers, successors, and assigns (the “Indemnified Parties”) from and against any and all Liabilities incurred in connection with (i) your use or inability to use the Moon Valley Nurseries Platform or perform Tasks, or (ii) your breach or violation of this Agreement; (iii) your violation of any law, or the rights of any Referrer or third party and (iv) any content submitted by you or using your account to the Moon Valley Nurseries Platform, including, but not limited to the extent such content may infringe on the intellectual rights of a third party or otherwise be illegal or unlawful. You also agree to indemnify the Indemnified Parties for any Liabilities resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure. Moon Valley Nurseries reserves the right, in its own sole discretion, to assume the exclusive defense and control at its own expense of any matter otherwise subject to your indemnification. You will not, in any event, settle any claim or matter without the prior written consent of Moon Valley Nurseries. TO THE FULLEST EXTENT POSSIBLE BY LAW, THE INDEMNIFIED PARTIES’ MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE PROGRAM, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), SHALL BE $100.00.

 

  1. Disclaimer of Warranties.  YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE PROGRAM AND THE MOON VALLEY NURSERIES PLATFORM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OR CONDITIONS OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. MOON VALLEY NURSERIES MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT PROVIDED THROUGH THE MOON VALLEY NURSERIES PLATFORM OR THE CONTENT OF ANY SITES LINKED TO THE MOON VALLEY NURSERIES PLATFORM AND ASSUMES NO LIABILITY OR RESPONSIBILITY IN CONTRACT, WARRANTY, OR IN TORT FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE MOON VALLEY NURSERIES PLATFORM, (III) ANY ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; AND (IV) EVENTS BEYOND OUR REASONABLE CONTROL.

 

  1. Indemnification. Referrer(s) agree(s) to indemnify, defend, and hold Moon Valley Nurseries and its representatives and agents harmless from and against any and all third party claims, demands, liabilities, costs, or expenses, including attorney’s fees and costs, arising from, or related to any breach(es) by the Referrer(s) of any of these Terms or any violation by Referrer(s) of applicable Federal or state law(s).
  2. Bulk Distribution Prohibited. All Referring Parties that opt to participate in the Program hereby agree to abide by all Federal and state privacy laws (“Spam Laws”). Any action by a Referring Party that could constitute an unsolicited commercial communication (via phone, email, and/or text message) is expressly prohibited and will be grounds for an immediate determination of ineligibility for the Program. Each Referring Party warrants that he/she/they will be the actual sender of the referral links and must comply with applicable laws. Referrals must be created and distributed in a personal manner that is appropriate and customary for communications with friends, colleagues, and family members. By submitting any email address as part of the Program through the Platform, the Referrer(s) represent(s) that he/she/they has/have the appropriate permission(s) and/or consent(s). Bulk email distribution, distribution to strangers, or any other use of the services described herein in a manner that is not permitted herein or promoted by the Platform is expressly prohibited and may be grounds for immediate removal from the Platform as well as further legal action.  Further, by participating in the Program, Referring Parties hereby acknowledge and agree that Moon Valley Nurseries has no obligation to monitor the Program or any communications made by the Referring Parties. Provided, however, Moon Valley Nurseries reserves the right to review content and block any communication by a Referring Party, remove any other Referrer Generated Content, and/or prohibit any use of the Program by Referring Parties. 
  3. In addition to the other legal requirements in this Agreement, Participant expressly agrees to comply with the following:

11.1. Anti-Bribery Laws and Reporting. Participant will comply with all applicable commercial and public anti-bribery laws ("Anti-Bribery Laws"), including the U.S. Foreign Corrupt Practices Act of 1977 and the UK Bribery Act of 2010, which prohibit corrupt offers of anything of value, either directly or indirectly to anyone, including government officials, to obtain or keep business or to secure any other improper commercial advantage.

"Government officials" include any government employee; candidate for public office; and employee of government-owned or government-controlled companies, public international organizations, and political parties. Furthermore, Participant will not make any facilitation payments, which are payments to induce officials to perform routine functions they are otherwise obligated to perform. If Participant becomes aware of suspicious, illegal, or fraudulent activity occurring in relation to this Agreement, Participant will report the suspicious or fraudulent activity to the Company within 24 hours of identifying the suspicious or fraudulent activity via sending an email to legaldepartment@mvncorp.com.

11.2 Export Control Laws. Participant will comply with all applicable export and re-export control laws and regulations, including (i) the Export Administration Regulations ("EAR") maintained by the U.S. Department of Commerce, (ii) trade and economic sanctions maintained by the U.S. Treasury Department's Office of Foreign Assets Control, and (iii) the International Traffic in Arms Regulations ("ITAR") maintained by the U.S. Department of State.

 

11.3 Acceptable Use Policy. Participant will not send, post, transmit, or otherwise use any Moon Valley Nurseries provided content, including the Moon Valley Nurseries name or the Services, in connection with any materials, sites, or otherwise, that: (i) will generate or facilitate unsolicited bulk commercial emails; (ii) will violate, or otherwise encourage the violation of, the legal rights of others; (iii) is for an unlawful, invasive, infringing, defamatory, or fraudulent purpose; (iv) contains obscene or pornographic content.

 

11.4 Certification. Participant represents, warrants and certifies to Moon Valley Nurseries that: (i) it has the legal authority to enter into these terms and participate in the Program; (ii) its employment contract (if applicable) does not restrict it from participating in the Program, and where Participant is also a representative, agent or an employee of a Moon Valley Nurseries reseller it has also obtained a valid consent from its employer to participate; (iii) each Referral submitted by Participant will be reasonably made in good faith as an Eligible Referral; and (iv) it will comply with all applicable laws and governmental regulations, including without limitation, as described in this Section 4 above.

  1. Right to Cancel, Modify or Terminate.  Moon Valley Nurseries may at any time and in its sole discretion: (i) modify or update the terms of, including but not limited to, the Program, these Terms, and Rewards or (ii) revoke a Referring Party (ies)’s account, and/or terminate Referring Party (ies)’s participation in the Program in its entirety.

 

  1. General Terms and Entire Agreement. ​These Terms constitute the entire agreement between the Referring Parties and Moon Valley Nurseries and supersede any and all previous representations made by Moon Valley Nurseries, written and/or oral, concerning the use of the Platform and participation in the Program. The failure of Moon Valley Nurseries to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.