FloraFlex Terms of Use

These Terms of Use ("Terms") are entered into between you and Cresthaven Agricultural Corp., a Florida corporation ("Cresthaven," "Company," "we," "us," or "our").

Cresthaven operates the FloraFlex-branded website located at www.floraflex.com, together with related webpages, customer portals, online tools, calculators, applications, content, and services that link to these Terms (collectively, the "Site").

By accessing or using the Site, creating an account, submitting information, requesting a quote, or otherwise interacting with the Site, you agree to these Terms and our Privacy Policy, Cookie Policy, and any other policies expressly incorporated into these Terms.

If you do not agree, do not use the Site.

1. Cresthaven Agricultural Corp. and the FloraFlex Brand

The Site and current FloraFlex-branded business operations are operated by Cresthaven Agricultural Corp.

Cresthaven is a separate legal entity from any former entity that previously operated, distributed, manufactured, marketed, or sold products under or in connection with the FloraFlex name.

References on the Site to FloraFlex products, trademarks, historical product information, product specifications, photographs, customer information, educational material, or other brand assets are not intended to state or imply that Cresthaven has assumed the debts, liabilities, contracts, warranties, credits, account balances, obligations, or other responsibilities of any prior entity.

Any obligation relating to a transaction occurring before Cresthaven's operation of the applicable FloraFlex-branded business will be binding on Cresthaven only to the extent Cresthaven expressly assumed or subsequently accepted that specific obligation in writing.

Nothing on the Site constitutes an admission or assumption of any liability of another person or entity.

2. Business and Commercial Use

The Site is primarily intended for commercial and business customers, including cultivators, farms, agricultural businesses, distributors, resellers, retailers, contractors, consultants, and other commercial purchasers.

When you access the Site or place an order on behalf of a company or other organization, you represent that you have authority to bind that organization.

You must be at least 18 years old to create an account or purchase products from Cresthaven.

3. Changes to These Terms

We may modify these Terms from time to time.

Changes become effective when posted unless otherwise stated. Material changes will apply prospectively to the extent required by law.

The Effective Date above identifies the most recent revision.

4. Accounts and Account Security

Certain portions of the Site may require an account.

You agree to provide accurate, current, and complete information and to promptly update it when necessary.

You are responsible for maintaining the confidentiality of usernames, passwords, authentication credentials, and other account information and for activity occurring through your account.

You must promptly notify us if you believe an account has been accessed without authorization.

We may suspend, restrict, or terminate an account where reasonably necessary to prevent fraud, protect our systems, enforce our agreements, address nonpayment, or protect Cresthaven, our customers, or third parties.

5. Website Content

We attempt to provide accurate product descriptions, specifications, photographs, inventory information, pricing, availability, calculators, educational material, and other content.

However, product specifications, packaging, formulations, dimensions, colors, component sourcing, availability, and other information may change.

We may correct typographical errors, pricing errors, inventory discrepancies, technical errors, or other inaccuracies at any time.

Displaying a product or price does not constitute an irrevocable offer to sell that product.

6. Agricultural and Cultivation Information

The Site may provide cultivation information, nutrient schedules, irrigation strategies, calculators, substrate recommendations, lighting information, environmental recommendations, facility planning information, or similar educational materials.

Such information is provided for general informational purposes.

Agricultural results depend on numerous variables outside Cresthaven's control, including cultivar, genetics, climate, irrigation, water quality, growing media, environmental conditions, equipment, operator practices, pests, pathogens, regulatory requirements, and other factors.

Cresthaven does not guarantee crop yield, harvest quality, plant performance, production volume, profitability, or any particular agricultural result.

Customers are responsible for evaluating whether a product, application rate, irrigation strategy, nutrient program, or other recommendation is appropriate for their particular operation.

Always follow applicable product labels, guaranteed analyses, safety data sheets, instructions, laws, and regulations.

7. Lawful Use

FloraFlex-branded agricultural and horticultural products are intended only for lawful uses.

You are solely responsible for ensuring that your purchase, possession, resale, installation, application, and use of products complies with applicable federal, state, local, and international law.

Nothing on the Site should be interpreted as encouraging or facilitating unlawful cultivation, production, possession, distribution, or other unlawful activity.

8. Intellectual Property

The Site and its content, including text, graphics, photographs, videos, software, product designs, trademarks, trade dress, logos, illustrations, databases, and other materials, are owned by Cresthaven, licensed to Cresthaven, or used with permission.

"FloraFlex" and associated brand names, product names, logos, designs, and marks may be trademarks or other proprietary assets of Cresthaven or its licensors.

No right or license is granted except the limited right to use the Site for lawful business purposes in accordance with these Terms.

You may not reproduce, distribute, modify, reverse engineer, scrape, systematically extract, create derivative works from, or commercially exploit Site content without authorization.

Nothing in these Terms transfers ownership of any intellectual-property rights to you.

9. Product Images and Specifications

Product photographs and renderings are illustrative.

Actual products may vary in appearance, packaging, labeling, manufacturing location, component configuration, or other non-material respects.

Cresthaven may improve or modify products without prior notice, provided that any product supplied materially conforms to the applicable order or specifications.

10. Prohibited Uses

You may not use the Site to commit fraud; impersonate another person; interfere with Site security; introduce malware; scrape or harvest information through unauthorized automated means; attempt unauthorized access; violate intellectual-property rights; transmit unlawful content; manipulate reviews; submit false credit information; or otherwise violate applicable law or these Terms.

We may take reasonable measures to investigate and prevent abuse.

11. Reviews and User-Submitted Content

If you submit reviews, photographs, testimonials, comments, suggestions, or other content, you represent that you have the right to submit it.

Unless otherwise agreed in writing, you grant Cresthaven a nonexclusive, worldwide, royalty-free license to reproduce, display, distribute, adapt, and use that content for business and marketing purposes.

We may remove content that we reasonably believe is unlawful, misleading, infringing, fraudulent, abusive, or inappropriate.

12. Third-Party Services and Authorized Distribution Partners

The Site may integrate with or link to third-party services, including payment processors, financing providers, carriers, freight providers, analytics providers, customer-support providers, and authorized FloraFlex distribution partners.

Cresthaven may also connect customers with authorized distribution partners where a customer's quantity, location, delivery requirement, or other needs are more appropriately fulfilled through that channel.

Unless expressly stated otherwise, a transaction directly between you and an independent third party is subject to that third party's terms.

Cresthaven does not control independent third-party websites or services.

13. Purchases

Purchases from Cresthaven are additionally governed by the Terms & Conditions of Sale, Shipping & Delivery Policy, and Returns, Refunds & Warranty Policy.

If a conflict exists between these Terms of Use and the Terms & Conditions of Sale regarding a purchase, the Terms & Conditions of Sale control.

14. Privacy and Cookies

Our collection and use of personal information are governed by our Privacy Policy.

Our use of cookies, pixels, local storage, analytics technologies, and similar technologies is described in our Cookie Policy.

15. Disclaimer of Website Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SITE AND SITE CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE."

CRESTHAVEN DISCLAIMS WARRANTIES REGARDING THE AVAILABILITY, ACCURACY, COMPLETENESS, SECURITY, RELIABILITY, OR FITNESS OF THE SITE OR ITS CONTENT EXCEPT TO THE EXTENT SUCH WARRANTIES CANNOT LEGALLY BE DISCLAIMED.

16. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CRESTHAVEN AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AND AGENTS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM USE OF THE SITE.

THIS SITE-USE LIMITATION DOES NOT MODIFY ANY EXPRESS PRODUCT WARRANTY OR OTHER LIABILITY THAT CANNOT LAWFULLY BE LIMITED.

17. Indemnification

You agree to defend, indemnify, and hold harmless Cresthaven and its affiliates, officers, directors, employees, contractors, and agents from third-party claims arising from your unlawful use of the Site, violation of these Terms, infringement of third-party rights, or material submitted by you.

18. Governing Law and Venue

These Terms are governed by the laws of the State of Florida, without regard to conflict-of-law principles.

To the extent a dispute is not subject to another written agreement between the parties, the parties consent to exclusive jurisdiction and venue in the state and federal courts having jurisdiction in Pinellas County, Florida.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, EACH PARTY KNOWINGLY AND VOLUNTARILY WAIVES TRIAL BY JURY IN ANY ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR THE SITE.

19. Severability and Waiver

If any provision is held unenforceable, it will be enforced to the maximum lawful extent and the remaining provisions will remain effective.

Failure to enforce a provision is not a waiver.

20. Entire Agreement

These Terms, together with the Privacy Policy, Cookie Policy, Terms & Conditions of Sale, and other policies expressly incorporated herein, constitute the agreement governing use of the Site unless a separate written agreement applies.

21. Contact

Cresthaven Agricultural Corp.
7901 4th St N, Suite 300
St. Petersburg, Florida 33702
United States

Website: www.floraflex.com