Terms of service

You must be at least 18 years old and able to form a binding contract. If you are ordering on behalf of a company, partnership, association or other entity, you represent that you are authorized to bind it, and these terms bind that entity.

We sell and deliver only to addresses within the State of Florida, and only within the delivery areas the site shows as serviceable for your ZIP code at the time you order.

Accounts are optional. Checkout does not require one, and an order placed as a guest is attached to an account later if you sign in with the same email address.

Sign-in is by a one-time link sent to your email address. There is no password. This means access to your email inbox is access to your account, and keeping that inbox secure is your responsibility. You are responsible for everything done through your account.

We may suspend or close an account, cancel pending orders, or refuse service, where we reasonably believe there has been fraud, payment abuse, repeated unfounded guarantee claims, resale outside an approved trade account, abuse of our staff or drivers, or a breach of these terms.

Everything we sell is a living organism grown outdoors. Two plants of the same species, the same age and the same container size will differ in height, spread, form, branching, leaf color, flower color and flowering time. Those differences are normal and are not defects.

Photographs are representative of the species and grade, not of the individual plant you will receive. Botanical names, mature heights, spacing, growth speed, sun and water needs are horticultural estimates supplied by our growers and drawn from general references. They describe typical performance in USDA zone 10b under suitable conditions. They are not promises about your plant, your soil or your site.

A listing is an invitation to order, not an offer. Availability, prices and specifications change without notice, and stock shown as available may sell or be lost between your order and fulfillment.

LIVE GOODS. APPEARANCE, SIZE, FORM, COLOR, FLOWERING AND GROWTH RATE VARY FROM PLANT TO PLANT AND FROM SITE TO SITE. WE DO NOT WARRANT THAT ANY PLANT WILL REACH A PARTICULAR SIZE, GROW AT A PARTICULAR RATE, FLOWER, FORM A SCREEN, OR ACHIEVE ANY OTHER RESULT.

All prices are in US dollars. Prices may change at any time before you place an order. The prices, discounts, delivery fee and tax shown on the checkout screen at the moment you pay are the ones that govern your order, and your order confirmation is the record of them.

Florida sales tax is applied where the sale is taxable. Delivery is charged as follows:

• Free within our Palm Beach County service area on orders above the threshold shown at checkout; a standard delivery charge applies below it.
• Elsewhere in Florida, a fee calculated by distance, shown with your ZIP code before you pay.
• Our optional planting service is charged per plant, at the rate shown at checkout.

Despite our efforts, a price, description, specification or availability shown on the site may be wrong. Where a listing is materially incorrect, we may cancel the affected order or the affected items, whether or not payment has already been taken, and refund you in full. That refund is your sole and exclusive remedy for a pricing or description error, and we are not obliged to sell at the incorrect price.

Promotional codes have no cash value, cannot be exchanged for cash or credit, and cannot be applied to an order already placed. Unless a code says otherwise, one code applies per order, and codes may be limited to particular products, collections, quantities, customers or dates. We may withdraw, suspend or change any promotion at any time.

Bundle pricing and trade pricing are calculated by our pricing engine at checkout. Discounts combine only in the way the checkout total shows; no other combination is available, whatever a promotion appears to imply.

Trade accounts are granted at our discretion after review, and we may decline an application without giving reasons. A trade tier is derived from your rolling twelve-month purchase volume and moves up or down with it; it is not a fixed rate and is not guaranteed for any period. We may vary the tier ladder, or withdraw a trade account, on notice. Trade pricing is for your own business use in supplying and installing plants, and does not permit resale of our catalog as a stockist.

Any spend reward advertised on the site is a discretionary loyalty benefit, has no cash value, is not transferable, and may be varied or withdrawn before it is claimed.

Your submitted order is an offer to buy. No contract exists until we send you an order confirmation email. We may decline or cancel any order, in whole or part, before or after that confirmation, including where stock is unavailable, the address falls outside our service area, we suspect fraud or unauthorized payment, or a listing was in error. If we cancel after payment we refund the canceled items in full.

Payment is taken through Stripe, our payment processor. Card details are collected and processed by Stripe under its own terms and privacy policy; we never receive or store your full card number. You confirm that you are authorized to use the payment method you provide, and you authorize the charge shown at checkout.

If something is wrong with your order, contact us before raising a chargeback. A chargeback brought without first giving us a chance to resolve the matter is a breach of these terms, and we may recover the resulting fees and suspend the account.

We deliver within Florida on our own vehicles, or direct from the partner nursery holding the stock. Plants are not boxed and are not handed to a freight carrier.

THE DELIVERY DATE SHOWN AT CHECKOUT IS AN ESTIMATE, NOT A COMMITMENT. NOTHING IS BOOKED WHEN YOU PAY. A MEMBER OF STAFF AGREES THE ACTUAL DATE AND WINDOW WITH YOU AFTERWARDS. TIME IS NOT OF THE ESSENCE, AND WE ARE NOT LIABLE FOR ANY LOSS, COST OR INCONVENIENCE ARISING FROM A DELAYED OR RESCHEDULED DELIVERY, INCLUDING CONTRACTOR OR INSTALLER TIME BOOKED AROUND IT.

You are responsible for making sure delivery can actually happen. That means:

• Giving a correct address, a working phone number and any gate, guardhouse or access code we need.
• Providing safe, lawful and unobstructed vehicle access, including any permission needed from a community, association or property manager.
• Making sure someone aged 18 or over is available to receive and check the order, unless you have authorized us to leave it.
• Telling us in advance about anything on the route that a loaded vehicle, or a person carrying a container plant, needs to know about.

We place plants at an accessible ground-level location at the property. We do not carry stock through a dwelling, over walls or fences, up or down stairs, onto roofs, balconies or decks, or across surfaces likely to be damaged, unless separately agreed in writing.

If you authorize us to leave an order unattended, risk of loss and damage passes to you when it is placed at the property, and we are not responsible for what happens to it afterwards. Otherwise risk passes on delivery. Title passes on delivery or on payment in full, whichever is later.

If a delivery fails because nobody is available, access is refused or obstructed, the address is wrong, or conditions are unsafe, we may charge a redelivery fee, and we are not responsible for plants that deteriorate as a result. If you cancel a confirmed delivery at short notice, we may charge the delivery fee.

Inspect your order on arrival and tell the driver, or us, about anything visibly wrong.

Where you buy our planting service, we place the plants into the ground at a location you designate. It is a placement service and nothing more. It is not landscape design, landscape architecture, horticultural consultancy, irrigation design or installation, drainage work, grading, hardscaping, tree surgery or removal, and it does not include follow-up care, soil amendment, fertilization or maintenance.

BEFORE WE DIG, YOU MUST IDENTIFY AND MARK EVERY PRIVATE UNDERGROUND FACILITY ON THE PROPERTY. THAT INCLUDES IRRIGATION AND SPRINKLER LINES, SEPTIC TANKS AND DRAIN FIELDS, WELLS, DRAINAGE AND FRENCH DRAINS, POOL AND SPA PLUMBING, PROPANE AND GAS LINES BEYOND THE METER, PRIVATE ELECTRICAL RUNS TO LIGHTING, GATES, PUMPS AND OUTBUILDINGS, LOW-VOLTAGE AND DATA CABLING, AND INVISIBLE PET FENCING. WE ARE NOT LIABLE FOR DAMAGE TO ANY UNDERGROUND FACILITY OR STRUCTURE THAT YOU HAVE NOT IDENTIFIED AND MARKED, OR FOR ANY CONSEQUENTIAL DAMAGE ARISING FROM IT.

Where Florida's Underground Facility Damage Prevention and Safety Act (Chapter 556, Florida Statutes) requires notification to Sunshine 811 before excavation, that notification will be made. A Sunshine 811 locate marks member-operator facilities only. It does not locate private lines on your side of the meter, which is why the paragraph above is your responsibility and not ours.

You are also responsible for confirming that what you are planting, and where you are planting it, is permitted: property lines, setbacks, easements, rights of way, drainage and utility easements, community or association rules, deed restrictions, and any municipal or county permit, tree ordinance or landscape code that applies. By directing us where to plant, you confirm you have the right to have it planted there, and you accept responsibility for the choice of location.

Our crew may decline to plant, in whole or part, where they judge the conditions unsafe, the ground unsuitable, or the location likely to cause damage. In that case we place the plants at an accessible location and refund the planting fee for the plants not put in the ground.

This section has two halves, because we sell two different kinds of thing. Plants and growing supplies are living or perishable stock we deliver ourselves, and they carry a live arrival guarantee rather than a right of return. Outdoor Living products are manufactured goods shipped to you by a supplier, and they carry an ordinary 30-day right of return. Which one applies is shown on the product page.

PLANTS AND GROWING SUPPLIES.

Every plant carries our live arrival guarantee for 30 days from delivery. If a plant arrives dead, or arrives so damaged that it will not recover, tell us within that period with your order number and photographs, and we will replace it or, at our option, refund it. You do not need to return anything. Do not ship a plant back to us.

Otherwise all sales on plants and growing supplies are final. We do not accept returns for change of mind, for a plant that is healthy but not what you pictured, for the natural variation described in section 3, or because a site turned out to be unsuitable.

The guarantee does not cover a plant that fails for any of the following reasons:

• Improper planting, planting depth or spacing, or planting in unsuitable soil or light.
• Under-watering, over-watering, or a failure to establish an appropriate watering routine after delivery.
• Neglect, or failure to follow reasonable care guidance for the species.
• Pests, disease, fungal infection or animal damage arising after delivery.
• Weather and natural events, including freeze, heat, drought, wind, hail, flood, saltwater intrusion, storm surge, tropical storms and hurricanes.
• Herbicides, pesticides, fertilisers, pool chemicals, or any other chemical applied at or near the site.
• Work by you or a third party, including moving, transplanting, root pruning, hard pruning or replanting the plant after delivery.
• Ordinary transplant shock, seasonal dieback, leaf drop and the settling-in period, which can look severe and is not plant failure.

A replacement carries the unexpired balance of the original 30 days; it does not start a new guarantee period. The guarantee runs to the original purchaser and is not transferable. Our maximum obligation under it is one replacement or one refund per item ordered.

OUTDOOR LIVING PRODUCTS.

You may return an Outdoor Living product within 30 days of delivery. It must be unused and in its original packaging. Tell us first — send your order number and we will confirm where to send it and how. You pay the return postage where you have simply changed your mind, and we refund the price you paid, to the original payment method, once the item reaches the supplier. We charge no restocking fee.

If an Outdoor Living product arrives broken, faulty, or is not what you ordered, tell us within 14 days of delivery with your order number and photographs. We will replace it or refund it in full, including any shipping you paid, and we pay every cost of putting it right. You do not need to send it back.

For lower-value items we will not ask you to return anything at all, including where you have changed your mind. Return postage on a small parcel usually costs more than the item is worth to anybody once it comes back, so where that is the case we refund you and you keep the item. We will tell you when this applies; you do not have to ask.

After 30 days an Outdoor Living product is covered by the manufacturer's warranty, if it has one, and not by us. We will tell you who to contact and give you what we hold about your order to support a claim. Ordinary outdoor wear is not a fault: finishes fade, solar cells lose capacity over their life, and metal placed outdoors weathers.

We do not accept a return of an Outdoor Living product that has been installed, assembled beyond what is needed to inspect it, modified, or used outdoors, unless it is faulty.

This section is the whole of our returns policy for both kinds of product, and is the same policy summarized on the refunds and returns page. Where the two differ, this section governs.

Many ornamental plants are poisonous to people and animals if any part of them is eaten, and some are dangerous in very small quantities. Sap, thorns, spines and fibres can cause burns, rashes, allergic reactions and eye injuries. Sago palm, oleander and a number of other common Florida landscape plants fall into this category.

YOU ARE RESPONSIBLE FOR DECIDING WHETHER A PLANT IS SAFE AND SUITABLE FOR YOUR PROPERTY, YOUR HOUSEHOLD, YOUR CHILDREN, YOUR PETS AND YOUR LIVESTOCK. WE DO NOT PROVIDE TOXICITY, VETERINARY, MEDICAL OR ALLERGY ADVICE, AND OUR LISTINGS ARE NOT A SAFETY ASSESSMENT. IF YOU HAVE ANY DOUBT, CHECK THE SPECIES WITH A VETERINARIAN, A DOCTOR OR POISON CONTROL BEFORE YOU BUY.

Keep new plants away from small children and animals, handle them with gloves, and wash your hands afterwards. In an emergency, contact Poison Control or a veterinarian immediately.

Any care instruction, planting guide or growing note we publish is general horticultural information for zone 10b. It is not professional advice, it is not tailored to your site, and you rely on it at your own risk.

Some species are restricted, prohibited or subject to permit in particular counties, municipalities, water management districts or communities, and Florida maintains noxious weed and invasive species rules that change over time. Some communities also mandate or forbid specific plantings.

You are responsible for confirming that a species may lawfully be planted at your address, and for complying with any association rule, deed restriction, ordinance, tree code or permit requirement. We are not responsible for removal costs, replanting costs, fines or penalties arising from what you chose to buy or where you chose to put it.

When you give us a phone number at checkout or on your account, you agree that we, our drivers and our delivery partners may call and text you about your order — to confirm a delivery date, give an arrival window, tell you the driver is on the way, and resolve an access problem. These are transactional messages about a transaction you started. You agree they may be sent using an automatic telephone dialling system or a prerecorded or artificial voice.

Consent to marketing calls or texts is not a condition of buying anything from us.

Message and data rates may apply, and message frequency varies with your order. Reply STOP to any text to stop receiving them, and HELP for help. Stopping delivery texts may delay your delivery, because it removes the way the driver reaches you. Carriers are not liable for delayed or undelivered messages.

Order confirmations, delivery notices, guarantee correspondence and receipts are transactional emails, sent for as long as you have an order with us; they are not marketing and cannot be unsubscribed from while an order is open. Marketing email is sent only if you asked for it, and every marketing email carries an unsubscribe link.

If you submit a review, rating, photograph, comment, question or suggestion, you grant us a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, fully paid, transferable and sublicensable license to use, store, reproduce, adapt, publish, translate, distribute and display it in any medium, in connection with our business, without payment or attribution.

You confirm that the content is yours to give, that it is accurate, that it does not infringe anyone's rights, and that it is not unlawful, defamatory, obscene, threatening, deceptive or an invasion of privacy. Do not include other people's personal information, and do not submit content depicting an identifiable person without their permission.

We may edit, refuse to publish, or remove any submission at any time and for any reason, and we do not undertake to monitor submissions. We do not accept confidential or proprietary ideas; anything you send us unsolicited is treated as non-confidential and we may use it freely.

The site and its contents — text, photography, illustrations, catalog and horticultural data, layout, design, code, and the LeafLine and LeafLine Landscapes names, logos and marks — are owned by us or our licensors and protected by copyright, trade mark and other laws.

We grant you a limited, revocable, non-exclusive, non-transferable license to view and use the site for your own personal, non-commercial purposes and to place orders. Everything else is reserved. You may not:

• Copy, reproduce, republish, sell, license or redistribute any part of the site or the catalog data.
• Scrape, crawl, harvest, index or extract content by any automated means, or use it to build, populate or train any dataset, model or competing catalog.
• Frame or mirror the site, or remove any proprietary notice.
• Interfere with the site or its security, probe or test its vulnerabilities, access any part of it you are not authorized to access, or place unreasonable load on it.
• Use the site unlawfully, place fraudulent or speculative orders, manipulate pricing or promotions, or misrepresent who you are.

We rely on third parties to run this business, including our payment processor, email provider, hosting and database providers, and the partner nurseries that grow and sometimes deliver the stock. Their services are governed by their own terms, and we are not responsible for their acts or omissions beyond our own obligations to you under these terms.

Links to other sites are provided for convenience. We do not control them, do not endorse them, and are not responsible for their content, products or privacy practices.

We are not liable for any delay in or failure of performance caused by events beyond our reasonable control. In Florida that most often means hurricanes, tropical storms, flooding, storm surge, tornadoes, freeze events, wildfire and drought, but it also includes crop failure, plant disease, agricultural quarantine, pest interdiction, supplier or nursery failure, labor disputes, fuel or vehicle shortage, carrier failure, utility, network or payment-processor outage, cyber attack, epidemic, civil unrest, and act of government.

If such an event prevents or materially delays an order, we may reschedule it, or cancel it and refund you in full, and that refund is your sole remedy.

You may stop using the site at any time and ask us to close your account. We may suspend or terminate your access, your account or any pending order at any time, with or without notice, where you have breached these terms or where we reasonably believe suspension is necessary to protect our business, our staff or other customers.

Termination does not affect an order already accepted and paid for, and does not affect any provision that by its nature should survive — including sections 9 to 14 and 18 to 22.

EXCEPT FOR THE EXPRESS LIVE ARRIVAL GUARANTEE AND THE EXPRESS RIGHT OF RETURN IN SECTION 9, THE SITE, THE PLANTS, THE SUPPLIES, THE OUTDOOR LIVING PRODUCTS AND ALL SERVICES ARE PROVIDED AS IS AND AS AVAILABLE, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED AND STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE.

WE DO NOT WARRANT THAT ANY PLANT WILL SURVIVE, ESTABLISH, THRIVE, REACH ANY PARTICULAR SIZE OR AGE, GROW AT ANY PARTICULAR RATE, FLOWER OR FRUIT, RESIST PESTS, DISEASE, SALT, WIND OR COLD, FORM A SCREEN OR HEDGE, OR BE SUITABLE FOR YOUR SOIL, SITE, CLIMATE, IRRIGATION OR PURPOSE. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT ANY CATALOG, HORTICULTURAL, AVAILABILITY OR DELIVERY INFORMATION IS ACCURATE, COMPLETE OR CURRENT.

Some jurisdictions do not allow the exclusion of certain warranties. Where that is the case, the exclusions above apply to the fullest extent the law permits, and nothing in these terms excludes a warranty or right that cannot lawfully be excluded.

TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER WE NOR OUR MEMBERS, OFFICERS, EMPLOYEES, DRIVERS, CONTRACTORS, AGENTS OR SUPPLIERS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST BUSINESS, LOSS OF USE OR ENJOYMENT, LOSS OF GOODWILL, LOSS OF DATA, DIMINUTION IN PROPERTY VALUE, COST OF SUBSTITUTE PLANTS, MATERIALS OR LABOR, OR THE COST OF REMOVING, REPLACING OR REPLANTING ANY PLANT, ARISING OUT OF OR RELATING TO THE SITE, ANY ORDER, ANY PLANT OR ANY SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY.

OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS, THE SITE, AN ORDER, A PLANT OR A SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU ACTUALLY PAID US FOR THE ITEMS OR SERVICE GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED US DOLLARS ($100). THIS LIMIT APPLIES REGARDLESS OF THE THEORY OF LIABILITY, WHETHER CONTRACT, WARRANTY, TORT, NEGLIGENCE, STRICT LIABILITY, STATUTE OR OTHERWISE, AND SURVIVES ANY FAILURE OF AN EXCLUSIVE REMEDY.

These limitations are an essential basis of the bargain between us; without them the prices on this site would be different. They do not apply to liability that cannot be excluded or limited under Florida law, including liability for our own gross negligence, willful misconduct or fraud, or for personal injury or death caused by our negligence where the law prohibits limitation.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so parts of the above may not apply to you.

You will indemnify, defend and hold harmless LeafLine and its members, officers, employees, drivers, contractors and agents from and against any claim, demand, action, loss, liability, damage, cost or expense, including reasonable legal fees, arising out of or relating to: your use of the site; your breach of these terms; any content you submit; your choice of plant, planting location or planting method; injury, illness or death to any person or animal from contact with or ingestion of a plant you bought; damage to any property, underground facility or structure at a site you directed us to; your violation of any law, ordinance, permit requirement, association rule or deed restriction; or your violation of any third party's rights.

THIS SECTION LIMITS HOW YOU CAN BRING A CLAIM AGAINST US. IT REQUIRES INDIVIDUAL ARBITRATION AND WAIVES YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION. YOU MAY OPT OUT WITHIN 30 DAYS UNDER 21.6 WITHOUT AFFECTING ANY OTHER PART OF THESE TERMS.

21.1 Talk to us first. Before starting an arbitration or a lawsuit, you agree to give us written notice of the dispute at the contact details in section 23, describing the claim and the relief you want, and to give us 60 days to resolve it. We will do the same for a claim against you. This is a condition precedent to bringing a claim, and the limitation period in 21.9 is paused while it runs.

21.2 Binding individual arbitration. If we cannot resolve it, any dispute, claim or controversy arising out of or relating to these terms, the site, an order, a plant, a service, or our advertising — including its formation, interpretation, breach, termination or validity, and including claims that arose before these terms took effect — will be resolved by final and binding arbitration rather than in court. The Federal Arbitration Act governs this section. The arbitration will be administered by the American Arbitration Association under its Consumer Arbitration Rules, by a single arbitrator, and judgment on the award may be entered in any court with jurisdiction. The arbitrator, and not any court, decides all questions of arbitrability, except as stated in 21.4.

21.3 What is carved out. Either of us may instead bring an individual claim in a Florida small claims court that has jurisdiction, so long as it stays in that court and on an individual basis. Either of us may also seek injunctive or equitable relief in court to stop actual or threatened infringement or misuse of intellectual property or confidential information. Nothing here stops you from reporting a matter to a government agency.

21.4 Class action waiver. ALL CLAIMS MUST BE BROUGHT IN AN INDIVIDUAL CAPACITY ONLY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL PROCEEDING. The arbitrator may not consolidate the claims of more than one person, and may not preside over any form of representative proceeding. The enforceability of this paragraph is decided by a court, not the arbitrator.

21.5 Jury trial waiver. TO THE EXTENT ANY CLAIM PROCEEDS IN COURT RATHER THAN ARBITRATION, EACH PARTY KNOWINGLY AND VOLUNTARILY WAIVES ANY RIGHT TO TRIAL BY JURY.

21.6 Your right to opt out. You may reject this arbitration section by sending us written notice within 30 days of first accepting these terms, stating your name, the email address on your account or order, and that you opt out of arbitration. Send it to the contact details in section 23. Opting out affects nothing else in these terms, and we will not treat it as a reason to refuse you service.

21.7 Where and how. Arbitration will be held in Palm Beach County, Florida, or in the Florida county where you live, or by telephone, video or documents only, at your election. Payment of filing, administration and arbitrator fees is governed by the AAA rules; where those rules would make the cost prohibitive for you compared with going to court, we will pay the excess on request.

21.8 Severability. If any part of 21.4 is found unenforceable as to a particular claim or request for relief, that claim or request will be severed and heard in a court of competent jurisdiction under section 22, and everything else stays in arbitration. If the whole of 21.2 is found unenforceable, section 22 governs.

21.9 One year to bring a claim. ANY CLAIM MUST BE FILED IN ARBITRATION OR IN COURT WITHIN ONE YEAR AFTER IT ACCRUES, OR IT IS PERMANENTLY BARRED, TO THE EXTENT THE LAW ALLOWS THE PARTIES TO AGREE A SHORTER PERIOD.

These terms, and any dispute arising from them, are governed by the laws of the State of Florida, without regard to its conflict of laws rules, and excluding the United Nations Convention on Contracts for the International Sale of Goods.

For any claim not subject to arbitration under section 21, you and we agree to the exclusive jurisdiction and venue of the state and federal courts sitting in Palm Beach County, Florida, and each of us waives any objection to that venue or to personal jurisdiction there.

These terms, together with the privacy policy, the accessibility statement and any order confirmation, are the entire agreement between us about their subject matter, and replace any earlier understanding. If any provision is held unenforceable, it is limited or severed to the minimum extent necessary and the rest remains in force. A failure to enforce any provision is not a waiver of it. We may assign these terms, in whole or part, to an affiliate or in connection with a merger, acquisition or sale of assets; you may not assign them without our written consent. There are no third-party beneficiaries. Headings are for convenience only.

You consent to receive communications from us electronically, and agree that electronic communications, agreements and records satisfy any legal requirement that they be in writing.

We may change these terms at any time. The revised version takes effect when posted, and the effective date at the top of this page changes with it. Your order is governed by the version in effect when you placed it. Continuing to use the site after a change means you accept the revised terms; if you do not, stop using the site.

Questions about these terms, notices under section 21.1, and arbitration opt-outs under section 21.6 go to: