TERMS  OF  USE

POLICY

Last updated: July 26, 2016

We appreciate your visit to our website. Welcome! Art & Science For All, Inc. DBA SubstrateSource (“SS”) provides website features and other products and services to you when you visit or shop at SubstrateSource.com, or use SubstrateSource brand products or services.

By using SubstrateSource.com, you agree to these Terms of Use. Please read them carefully.

PRIVACY

Please review our Privacy Policy, which also governs your use of SubstrateSource.com, to understand our practices.

ELECTRONIC COMMUNICATIONS

When you use SubstrateSource.com, or send us e-mails, text messages, and other communications from your desktop or mobile device, you are communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site; you can retain copies of these communications for your records. 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.

COPYRIGHT

All content included in or made available through SubstrateSource.com, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of SS or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through SubstrateSource.com is the exclusive property of SS and protected by U.S. and international copyright laws.

TRADEMARKS

In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through SubstrateSource.com are trademarks or trade dress of SS in the U.S. and other countries. SS's trademarks and trade dress may not be used in connection with any product or service that is not SS's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits SS. All other trademarks not owned by SS that appear in SubstrateSource.com are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by SS.

MEMBER DRIVEN CONTENT

Visitors may post or submit reviews, comments, suggestions, photos, videos, ideas, questions, other content and information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. SS reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

If you do post content or submit material, unless we indicate otherwise, you grant SS a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant SS and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify SS for all claims resulting from content you supply. SS has the right but not the obligation to monitor and edit or remove any activity or content. SS takes no responsibility and assumes no liability for any content posted by you or any third party.

RISK OF LOSS

All items purchased from SS are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

RETURNS, REFUNDS AND TITLE

SS does not take title to returned items until the item arrives at our facility. At our discretion, a refund may be issued without requiring a return. In this situation, SS does not take title to the refunded item. For more information about our returns and refunds, please see Returns & Replacements

PRODUCT DESCRIPTIONS

SS attempts to be as accurate as possible. However, SS does not warrant that product descriptions or other content on SubstrateSource.com is accurate, complete, reliable, current, or error-free. If a product offered by SS itself is not as described, your sole remedy is to return it in unused condition.

PRICING

With respect to items sold by SS, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items on our website may be incorrectly priced. If the correct price of an item sold by SS is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. Other merchants may follow different policies in the event of an incorrectly priced item.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THE SS SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SS SERVICES ARE PROVIDED BY SS ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. SS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SS SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SS SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SS SERVICES IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, SS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SS DOES NOT WARRANT THAT THE SS SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SS SERVICES, SS'S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM SS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF SUBSTRATESOURCE.COM, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH SUBSTRATESOURCE.COM, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

DISPUTES

Any dispute or claim relating in any way to your use of SubstrateSource.com, or to any products or services sold or distributed by SS or through SubstrateSource.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Terms of Use as a court would.

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

APPLICABLE LAW

By using SubstrateSource.com, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of California, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and SS.

SITE POLICIES, MODIFICATION, AND SEVERABILITY

Please review our other policies, posted on this site. These policies also govern your use of SubstrateSource.com. We reserve the right to make changes to our site, policies, and these Terms of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

OUR MAILING ADDRESS
Art & Science For All, Inc.
6303 Owensmouth Avenue Floor 10
Woodland Hills, CA 91367
http://www.substratesource.com
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RETURNS & REPLACEMENTS

Please contact us prior to returning any item(s) so that we can approve your return. All returned items must be in completely unopened, new, and unused condition. We are unable accept returns on an item that is used or has had its packaging damaged or altered.

Unused Items: We will accept returns of non-perishable, unused, and unopened items 30-days from the delivery date. Customers are responsible for the return shipping cost. We do not charge a restocking fee, but the original shipping cost may be deducted from the final refund. Refunds are provided after the return item(s) are received and inspected.

Items Damaged in Transit: If an item is damaged in transit, please contact us within 24 hours of your package's first delivery attempt for replacement and/or refund options. Please keep the damaged product and packaging as the carrier may inspect the package to evaluate it for insurance purposes. Emailing us photos of the damage isn't always necessary, but we’d greatly appreciate it.

APPROVED RETURNS

Once we approve your return, we will send you a return merchandise number ("RMA"). You have 14 days for the product to arrive at our facility. At the end of 14 days, your RMA will expire and all returns will be returned to the sender. Only one RMA is issued per return and when it expires, you may no longer return your product.

The risk of loss for the product being returned shall be with you at all times during the shipment of such product to the Returns Department and with respect to any shipments from the Returns Department back to you. Title to the product being returned will remain with you at all times and transfer from you to the original distributor, or a third party in the case of liquidation of the return, only upon receipt of the products by such distributors or buyers. It is your responsibility to pay for return shipping. As we mentioned earlier, we are not responsible for items lost during shipment, which is why we recommend you send the package with a shipping carrier that provides a tracking number.

To ensure speedy processing, 1) the return should have the RMA clearly marked on the box and 2) send us the tracking number of the return package. Once we receive and inspect the product and find that it is in fact in new and unused condition, you will be refunded the price of the item. The original shipping cost will not be refunded.

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WARRANTY

Some manufacturers require you to contact them directly for assistance when you have questions or concerns about their products. Many have specially trained support staff dedicated to servicing their own product lines. If you need assistance connecting with the correct manufacturer for a product you've ordered from us, please contact us. The following content applies to SubstrateSource ("SS") branded products.

SubstrateSource Substrates and Accessories

No warranties are expressed or implied regarding SS substrates use or performance in any given circumstance. Customers are responsible for determining whether products are appropriate for their use. SS assumes no obligation or liability for the information at substratesource.com although we do our best to provide thorough and accurate information.

SubstrateSource Plants and Animals

We guarantee the live arrival of your plants and/or animals ("Live Product"). SS agrees to promptly replace any Live Product that may have perished during shipping, free of charge. Claims for replacements must be made within 24 hours of Delivery Confirmation timestamp. All claims must include clear digital photographs of all package contents and packaging.

We reserve the right to cancel orders in the event that we do not believe Live Product will arrive alive.

Beyond live arrival, we do not guarantee the survival of any Live Product. We cannot control the conditions that you create for Live Product. While we do our best to provide information on substratesource.com relevant to the care of Live Product, it is your responsibility to determine whether Live Product will survive for whatever purpose you intend.

SPECIAL NOTICE

Prohibited Plants

Some states impose restrictions on the intrastate and interstate shipments of certain plants. We do our best to keep up with these restrictions and will not ship plants that we know are prohibited. These plant lists change frequently at this point, and we ask that you help us obey your states laws by not ordering them. The restricted plant lists can be found online (USDA).

Substrates - California Prop 65

In accordance with California Prop 65 (OEHHA), we are required to notify you of potential significant exposure to carcinogens or chemicals that can cause reproductive harm. When handled and used properly, substrates will not put you at significant risk; however, in order to be safe, please note the following:

Although having been pre-washed, substrates may still generate dust during shipping due to friction. This dust, may contain naturally occurring crystalline silica, which can cause irritation or other harm. No products sold by SS are intended for human consumption or inhalation. If your order arrives damaged or you notice an excessive amount of dust in the bag, do not open it. Contact us immediately for a replacement. Always handle dry substrate in a well-ventilated area.

The following first aid recommendations are based on the assumption that appropriate personal and commercial hygiene practices are followed.

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