Terms and Conditions

Purpose of Policy

This is a binding agreement. By using the Internet site located at www.cleangreen.com (the “Site”) or any services provided in connection with the Site (the “Service”), you agree to abide by these Terms of Use, as they may be amended by Clean Green (CG), a California limited liability company (the “Company”) from time to time in its sole and absolute discretion. The Company may modify these Terms of Use from time to time in its sole and absolute discretion and without the duty to notify you of such modification. It is your responsibility to review these Terms of Use periodically, and if at any time you find these Terms of Use unacceptable, you must immediately leave the Site and cease all use of the Service and the Site.

You Agree That By Using The Service You Represent That You Are At Least 21 Years Old And That You Are Legally Able To Enter Into This Agreement.

California Use Only

The Site is controlled and operated by the Company from its offices in the State of California. The Company makes no representation that any of the materials or the Services to which you have been given access are available or appropriate for use in ofsuperther locations. Your use of or access to the Site should not be construed as Company’s purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than California.

Privacy Policy

The Company respects your privacy and permits you to control the treatment of your personal information. A complete statement of the Company’s current privacy policy can be found by clicking here . The Company’s privacy policy is expressly incorporated into this Agreement by this reference.

Important Ordering Information

  • There is a 75 plant minimum order. Please email if you have smaller needs.
  • Free Delivery on orders over 250 plants!
  • No payment is taken when order is placed. 
  • Payment options will be provided over email after your order is placed.
  • All orders require a 20% down payment to reserve your delivery schedule position.
  • Higher down payments are rewarded with additional discounts.
  • Plants may be picked up from our Nursery, or they can be delivered to your location.
  • All plants are 100% guaranteed.  But, please contact us within 24 hours of delivery for any concerns.
  • Strains are acclimated to indoor or outdoor conditions at our nursery. Let us know which condition your farm requires during checkout.
  • Please choose your plant medium at checkout - Rockwool or Potted Soil.
  • Clean Green facility uses only organic methods. Never any pesticides.

Final Total Due on Order in Checkout

Since the final total due is dependent up the size and timing of the receipt of the down payment from the user, the final total due on the checkout process is for guidance purposes only.  When placing an online order through this website, the pricing, discounts, and promotions have complicated structures and sometimes the shopping cart may not calculate the final total properly.  The final pricing, including taxes, shipping, and any and all applied discounts will be provided over email to the customer with down payment instructions.  A new invoice may be provided to the user to make adjustments for credits, discounts, or coupons.  That will be the final total due for payment.

Legal Compliance

We require that all customers follow the laws set forth by their Country, State, and Local municipalities. Unless being sold to a fully licensed farm, any products sold will be considered sold for novelty purposes only. Clean Green Nursery takes no responsibility, if they are used in any fashion that can be considered illicit or illegal..

Account Information

When you are required to open an account to use or access the Site or Service, you must complete the registration process by providing the complete and accurate information requested on the registration form. You may also be asked to provide a user name and password.

You are entirely responsible for maintaining the confidentiality of your password. You may not use the account, username, or password of someone else at any time. You agree to notify the Company immediately of any unauthorized use of your account, user name, or password.

The Company shall not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. You may be held liable for any losses incurred by the Company, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of your account or password.

User Content

You grant the Company a license to use the materials you post to the Site or Service. By posting, downloading, displaying, performing, transmitting, or otherwise distributing information or other content (“User Content”) to the Site or Service, you are granting the Company, its affiliates, subsidiaries, parents, officers, directors, employees, consultants, agents, and representatives a license to use User Content in connection with the operation of the Site, its affiliates, subsidiaries, parents, officers, directors, employees, consultants, agents, and representatives, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat User Content.

You will not be compensated for any User Content. You agree that the Company may publish or otherwise disclose your name in connection with your User Content in its sole and absolute discretion. By posting User Content on the Site or Service, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content.

The Company has the right but not the obligation to monitor and edit or remove any activity or content in its sole and absolute discretion.

Compliance with Intellectual Property Laws

When accessing the Site or using the Service, you agree to obey by the law and to respect the intellectual property rights of others. Your use of the Service and the Site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property.

You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content (collectively, “Content”) in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by all laws regarding copyright ownership and the use of intellectual property, and you shall be solely responsible for and indemnify the Company against and damages resulting from, any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit, or that is provided or transmitted using your login information. The burden of proving that any Content does not violate any laws or third party rights rests solely with you.

Copyright Infringement

The Company has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site or with the Service. The Company has adopted a policy that provides for the immediate suspension and/or termination of any Site or Service user who is found to have infringed on the rights of the Company or of a third party, or otherwise violated any intellectual property laws or regulations.

The Company’s policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want the Company to delete, edit, or disable the material in question, you must provide the Company with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the Company to locate the material; (d) information reasonably sufficient to permit the Company to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to Company’s designated agent at:

Konocti Farms, LLC

3300 Dessie Drive

Lakeport, CA 95453

Violations

The Company reserves the right to terminate your use of the Service and/or the Site in its sole and absolute discretion. To ensure that the Company provides a high-quality experience for you and for other users of the Site and the Service, you agree that the Company or its representatives may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of the Site or the Service. The Company does not intend to disclose the existence or occurrence of such an investigation unless required by law, but the Company reserves the right to terminate your account or your access to the Site immediately, with or without notice to you, and without liability to you, if the Company believes that you have violated any of the Terms of Use, furnished by the Company with false or misleading information, or interfered with use of the Site or the Service by others.

No Warranties

The Company hereby disclaims all warranties. The Company is making the site available “as is” without warranty of any kind. You assume the risk of any and all damage or loss from use of, or inability to use, the site or the service. To the maximum extent permitted by law, the company expressly disclaims any and all warranties, express or implied, regarding the site, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, or noninfringement. The company does not warrant that the site or the service will meet your requirements or that the operation of the site or the service will be uninterrupted or error-free.

Affiliated Sites

The Company has no control over, and no liability for any third party websites or materials. The Company works with a number of partners and affiliates whose Internet sites may be linked with the Site. Because neither the Company nor the Site has control over the content and performance of these partner and affiliate sites, the Company makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and the Company assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. Similarly, from time to time in connection with your use of the Site, you may have access to content items (including, but not limited to, websites) that are owned by third parties. You acknowledge and agree that the Company makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third party content, and that, unless expressly provided otherwise, these Terms of Use shall govern your use of any and all third party content.

Prohibited Uses

The Company imposes certain restrictions on your permissible use of the Site and the Service. You are prohibited from violating or attempting to violate any security features of the Site or Service, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Service, the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site or Service, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using the Site or Service to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Service; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Company in providing the Site or Service. Any violation of system or network security may subject you to civil and/or criminal liability.

Indemnity

You agree to indemnify and hold harmless the Company for certain of your acts and omissions. You agree to indemnify, defend (with counsel approved by the Company), and hold harmless the Company, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Site, your violation of these Terms of Use, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. The Company will notify you promptly of any such claim, loss, liability, or demand; provided, that the Company’s failure to notify you shall in no way eliminate or otherwise modify the Company’s rights to indemnification hereunder.

Limited Liability

The Company’s liability to you is limited. To the maximum extent permitted by law, in no event shall the Company be liable for damages of any kind (including, but not limited to, special, incidental, or consequential damages, lost profits, or lost data, regardless of the foreseeability of those damages) arising out of or in connection with your use of the site or any other materials or services provided to you by the company. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.

In no event shall the Company be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the Websites or Service, or use thereof. Nothing contained in the Websites or Service or in any written or oral communications from the Company or its employees or agents shall be construed to make any promise, covenant, warranty, or guaranty, all of which are explicitly disclaimed hereby, contrary to the statements and disclaimers contained in this paragraph.

The content and functionality on the Websites and Service, along with the services provided by employees of the Websites and Service, are offered “as is” without warranty of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. The Company makes no warranties, express or implied, as to the ownership, accuracy, completeness or adequacy of the Websites’ content or that the functionality of the Websites or Service will be uninterrupted or error-free or free from virus or third party attack. You hereby acknowledge that your use of the Websites and the Service is at your sole risk. Under no circumstances shall the Company, its officers, owners, employees or agents and their respective heirs, successors and assigns be liable for any damages, including direct, incidental, punitive, special, consequential or exemplary damages that directly or indirectly result from use of, or inability to use, the websites or service or the information contained therein, including without limitation for viruses alleged to have been obtained from the websites or service, even if the Company has been notified of the possibility of such damages or losses and regardless of the theory of liability.

To the greatest extent permitted by law, you agree that in no event will the Company have any liability, contingent or otherwise, for any indirect, special, incidental, consequential, or exemplary damages in any way arising out of or relating to the agreement, websites or the service, including, but not limited to lost profits, lost data, loss of goodwill, copyright infringement, work stoppage, equipment failure or malfunction, personal injury, property damage, or any other damages or losses, even if the Company has been advised of the possibility thereof, and regardless of the legal or equitable theory (contract, tort, statute, indemnity or otherwise) upon which such liability is based.

In the event that any of the foregoing limitations are deemed to be unenforceable, to the greatest extent permitted by law, you agree that the entire aggregate liability of the Company and sole remedy available to any Member in any case in any way arising out of or relating to the Agreement, Websites or the Service shall be limited to monetary damages that in the aggregate may not exceed the greater of $100.00.

Copyright

All contents of Site or Service are: Copyright 2020 © Konocti Farms, LLC, 3300 Dessie Drive, Lakeport, CA 95453. All rights reserved.

Trademarks

All trademarks, service marks, and trade names of the Company used on the Site or Service are trademarks or registered trademarks of the Company.

Governing Law/Arbitration

These Terms of Use shall be construed in accordance with and governed by the laws of the United States and the State of California, without reference to their rules regarding conflicts of law. Except for disputes brought in small claims court, all disputes between you and the Company arising out of, relating to, or in connection with the Site or Services shall be determined by arbitration in the County and City of Los Angeles, California before one arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures. Judgment on the award may be entered in any court having jurisdiction. If this arbitration provision is found unenforceable or to not apply for a given dispute, then the proceeding must be brought exclusively in a court of competent jurisdiction in the County and City of Los Angeles, California. You hereby accept the exclusive jurisdiction of such court for this purpose.

Class Action Waiver

Any dispute resolution proceedings, whether in arbitration or court, will be conducted only on an individual basis and not in a class or representative action or as a named or unnamed member in a class, consolidated, representative or private attorney general legal action.

Your access and continued use of the site signifies your explicit consent to this waiver.

Intellectual Property

Clean Green, the Clean Green logos and any other product or service name or slogan contained in the Service are trademarks of the Company or our suppliers or licensors and may not be copied, imitated or used, in whole or in part, without the prior written permission of the Company or the applicable trademark holder. Any authorized use of these trademarks must be in accordance with any guidelines that the Company may provide you from time to time.

The Company retains all proprietary rights in the Websites and the Service, except where otherwise noted. The Websites contain the copyrighted material, trademarks, and other proprietary information of The Company, and its licensors. Except where we have given you express written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information. All content on The Company is proprietary. Except where otherwise specified in this Agreement, all Content is copyrighted material of The Company and for The Company Members’ use only. Distribution of Content to others is strictly prohibited. You agree that The Company would be irreparably harmed by any violation or threatened violation of this section and that, therefore, The Company shall be entitled to an injunction prohibiting you from any violation or threatened violation of this section, without posting bond, in addition to any other right or remedy it may have.

We may provide links to third party websites, and some of the content appearing on The Company may be supplied by third parties. The Company has no responsibility for these third party websites nor for their content, which is subject to and governed by the terms of use and/or privacy policies, if any, of the applicable third party content providers.

You may not use any meta tags or any other hidden text utilizing “Clean Green”, “Konocti Farms”, or any other name, trademark or product or service name of The Company without our prior written permission. In addition, the look and feel of the The Company Service, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of The Company and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Service are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us or any other affiliation.

The Service is owned and operated by The Company. Unless otherwise indicated, all content and other materials on the Service, including, without limitation, The Company’s logos, the visual interfaces, graphics, design, compilation, information, software, computer code (including source code or object code), services, text, pictures, information, data, sound files, other files and the selection and arrangement thereof (collectively, the “Materials”) are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws (including in your country of residence).

Severability; Waiver

If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms of Use to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.

No License

Nothing contained on the Site should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by the Company or by any third party.

Modifications

The Company may, in its sole and absolute discretion and without notice, (a) revise these Terms of Use; (b) modify the Site and/or the Service; and (c) discontinue the Site and/or Service at any time or from time to time. The Company shall post any revision to these Terms of Use to the Site, and the revision shall be effective immediately on such posting. You agree to review these Terms of Use and other online policies posted on the Site periodically to be aware of any revisions. You agree that, by continuing to use or access the Site following notice of any revision, you shall abide by any such revision.

Acknowledgement

By using the service or accessing the site, you acknowledge that you have read these terms of use and agree to be bound by them.