Conditions of Use

Industrial Vegetation Management & IndustrialVM.com, Conditions of Use

Welcome to Industrial Vegetation Management and IndustrialVM.com. Industrial Vegetation Management and/or its affiliates provide website features to you subject to the following conditions. If you visit or shop at IndustrialVM.com, you accept these conditions. Please read them carefully. In addition, when you use any current or future Industrial Vegetation Management service or business you also will be subject to the guidelines, terms and agreements ("Terms") applicable to such service or business. If these conditions are inconsistent with such Terms, the Terms will control.

PRODUCT LEGALITY AND SUITABILITY OF USE

Many of the products sold by Industrial Vegetation Management carry varrying product use restrictions by federal, state and or locale. Product purchasers are responsible for determining the suitability and legality of the use of our manufacturers products in their state, locale or for their intended use.  Some of the products we distribute may not be registered for use or may be considered a "RESTRICTED USE PESTICIDE" in your state or locale i.e. NY, WA and CA. Check to be sure a product or specific use pattern is approved in your state or area before purchase or subsequent product use. Check current product labeling or your local state agency for more information. Most current product labels are available by visiting the product manufacturers website or at https://www.cdms.net . For more information regarding the purchase of "RESTRICTED USE PESTICIDES", please read our restricted use pesticide policy.

SHIPPING INFORMATION

We attempt to ship all in stock items within 24 to 48 hours. Most items ship from our warehouses in Longmont, CO., Denver, CO. or Cheyenne, WY. Specialty insect pheromone products may ship directly from our manufacturer in Vancouver, BC.  Most US and Canadian orders are shipped UPS, USPS or USPS Priority Mail. All liquids and many pesticides may only be shipped ground via UPS. You should receive your order within 5 to 7 business days from the date your order is shipped. Canadian orders must clear customs and may require 7 to 10 additional business days. For earlier delivery, we are happy to expedite your shipping for an additional charge. For overnight, two-day and three-day delivery, orders must be received by 11:00pm MST. Overnight deliveries received on Thursday after 11:00pm MST through Friday 11:00pm MST will arrive on the following Monday. Overnight delivery orders received on Friday after 11:00pm MST and over the weekend will arrive on the following Tuesday. During peak business times, ground orders my take up to 5 business days to process.

Unless otherwise noted, Industrial Vegetation Management and IndustrialVM.com ship orders via US Postal Service, UPS and FedEx. Pallets, 15, 30 & 55 gal. drums and totes must ship LTL. Please be aware, small packaged liquids including many pesticides will automatically ship UPS ground regardless of shipping option selected and shipping will be charged accordingly.

Please note that transit time is calculated in business days and does not include weekends or holidays.

RISK OF LOSS

All items purchased from Industrial Vegetation Management 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.

INTERNATIONAL AND OVERSEAS SHIPPING

For overseas shipping please call 1 (303) 747-6414 to confirm your order and verify payment information. Unconfirmed orders will be canceled within 72 hours.

Please Note: The customer is responsible for paying all additional shipping, tariff and duty charges on international orders.

RETURN "RMA" INFORMATION

All product returns must be accompanied by a Returned Materials Authorization or "RMA". An RMA can be obtained by calling Industrial Vegetation Management and IndustrialVM.com at (303)747-6414 or (800)414-2577 or by emailing returns@IndustrialVM.com. Opened bottles, pesticide containers, Verbenone, MCH and pheromone packaging cannot legally be shipped or returned. For defective products please contact us for instructions. Please see our full return policy for complete details.

PRIVACY

Please review our Privacy Notice, which also governs your visit to IndustrialVM.com, to understand our practices.

ELECTRONIC COMMUNICATIONS

When you visit IndustrialVM.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. 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 on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Industrial Vegetation Management or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Industrial Vegetation Management and protected by U.S. and international copyright laws. All software used on this site is the property of Industrial Vegetation Management or its software suppliers and protected by United States and international copyright laws.

TRADEMARKS

Industrial Vegetation Management and IndustrialVM.com graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of Industrial Vegetation Management in the U.S. and/or other countries. Industrial Vegetation Management trademarks and trade dress may not be used in connection with any product or service that is not Industrial Vegetation Management, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Industrial Vegetation Management. All other trademarks not owned by Industrial Vegetation Management that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Industrial Vegetation Management.

PATENTS

One or more patents owned by Industrial Vegetation Management apply to this site and to the features and services accessible via the site. Portions of this site operate under license of one or more patents.

LICENSE AND SITE ACCESS

Industrial Vegetation Management grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Industrial Vegetation Management. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Industrial Vegetation Management. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Industrial Vegetation Management without express written consent. You may not use any meta tags or any other "hidden text" utilizing Industrial Vegetation Management name or trademarks without the express written consent of Industrial Vegetation Management. Any unauthorized use terminates the permission or license granted by Industrial Vegetation Management. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of IndustrialVM.com so long as the link does not portray Industrial Vegetation Management, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Industrial Vegetation Management logo or other proprietary graphic or trademark as part of the link without express written permission.

YOUR ACCOUNT

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Industrial Vegetation Management does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use IndustrialVM.com only with involvement of a parent or guardian. Industrial Vegetation Management reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

Visitors may post reviews, comments, photos, and other content; send e-mails and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property 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." 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. Industrial Vegetation Management 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, and unless we indicate otherwise, you grant Industrial Vegetation Management a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Industrial Vegetation Management 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 Industrial Vegetation Management for all claims resulting from content you supply. Industrial Vegetation Management has the right but not the obligation to monitor and edit or remove any activity or content. Industrial Vegetation Management takes no responsibility and assumes no liability for any content posted by you or any third party.

PRICING

Except where noted otherwise, the List Price displayed for products on our website represents the full retail price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere. The List Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. For certain items that are offered as a set, the List Price may represent "open-stock" prices, which means the aggregate of the manufacturer's estimated or suggested retail price for each of the items included in the set. Where an item is offered for sale by one of our merchants, the List Price may be provided by the merchant.

With respect to items sold by Industrial Vegetation Management, we cannot confirm the price of an item until you order; however, we do NOT charge your credit card until after your order has entered the shipping process. Despite our best efforts, a small number of the items in our catalog may be mispriced. If an item's correct price 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.

Please note that this policy applies only to products sold and shipped by Industrial Vegetation Management. Your purchases from third-party sellers are charged at the time you place your order, and third-party sellers may follow different policies in the event of a mispriced item.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

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

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, INDUSTRIAL VEGETATION MANAGEMENT DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. INDUSTRIAL VEGETATION MANAGEMENT DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR E-MAIL SENT FROM INDUSTRIAL VEGETATION MANAGEMENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. INDUSTRIAL VEGETATION MANAGEMENT WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, 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.

APPLICABLE LAW

By visiting IndustrialVM.com, you agree that the laws of the state of Colorado, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Industrial Vegetation Management .

DISPUTES

Any dispute relating in any way to your visit to IndustrialVM.com or to products or services sold or distributed by Industrial Vegetation Management.  or through IndustrialVM.com in which the aggregate total claim for relief sought on behalf of one or more parties exceeds $7,500 shall be adjudicated in any state or federal court in Boulder County, Colorado, and you consent to exclusive jurisdiction and venue in such courts.

SITE POLICIES, MODIFICATION, AND SEVERABILITY

Please review our other policies, such as our pricing policy, posted on this site. These policies also govern your visit to IndustrialVM.com. We reserve the right to make changes to our site, policies, and these Conditions 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.