TERMS OF SERVICE

last updated 05/25/2022

PLEASE CAREFULLY READ THE FOLLOWING TERMS OF SERVICE AGREEMENT. BY ACCESSING OR USING OUR WEBSITE, SITE, OR OUR SERVICES, YOU HEREBY AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. IT IS THE RESPONSIBILITY OF YOU, THE USER, CUSTOMER, OR PROSPECTIVE CUSTOMER TO READ THE TERMS OF SERVICE BEFORE PROCEEDING TO USE THIS SITE. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS AND CONDITIONS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Agreement To Terms and Termination

These Terms of Service constitute a legally binding agreement made between you and GrowGoods LLC DBA GrowGoods Garden Supply, concerning your access to and use of the growgoods.com website as well as all information, tools and services available from this Site to you. We are a company duly organized and validly existing with our registered office at 8350 Bee Ridge Rd STE 302, Sarasota, FL 34241. You agree that by accessing the Site, you have read, understood, and agreed to be bound by all terms, conditions, and policies detailed here.

Occasionally, additional terms and conditions may be added to the Site and are listed below for reference. At our sole discretion, at any time, and for any reason, we reserve the right to make changes or modifications to these Terms and Conditions by posting updates or changes to our Site. You can review the most current version of the Terms at any time on this page and you waive all rights to receive specific notice of any such change. It is your responsibility to check this page for any changes before each use. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes.

You may not use our products, services, or Site for any illegal and/or unauthorized purposes or use our products, services, or Site to violate any laws in your jurisdiction. The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so at their own discretion and are solely responsible for compliance with applicable local laws. 

The Site is intended for users who are at least 18 years old or the age of majority in your state or area of residence and you have given us your consent to allow any of your minor dependents to use this Site. Persons under the age of 18 are not permitted to register for the Site.

A breach or violation of any of these Terms will result in an immediate termination of your account and the right to use our Site or Services.

We have the right, but not the obligation, to take any of the following actions, at any time, for any reason, and at our sole discretion without sending any prior notice:

• Suspend or terminate your access to our Site or Services.
• Change, suspend or discontinue all or any part of our Products, Services or Site.
• Refuse to or remove any content that is available on our Site.
• Deactivate and/or delete your accounts.
• Create limits relating to use of our Site.

You agree that we will not be liable to you or any third party for taking any of these actions. These Terms of Service will continue in full force and effect while using the Site.

As a user of growgoods.com, you may cancel or terminate your account, associated email address, and/or access to our Services by submitting a cancellation or termination request to support@growgoods.com.

As a user, you agree that we reserve the right to and without any prior notice or liability, immediately deny access to or use of the Site and/ or Services. At our sole discretion, we may suspend or terminate your account and any information associated with your account for breach of our Terms of Service, violation of any applicable laws or regulations, extended account inactivity, security issues, or nonpayment of funds relating to our Services.

Upon suspension or termination of your account, you are prohibited from creating and/or registering a new account whether under your name, alias, third party, or any other false pretenses. We also reserve the right to take reasonable legal action.

Intellectual Property Rights and Copyright Infringement

Except for what is expressly permitted by applicable law or as authorized by GrowGoods LLC or licensor, the Site is our propriety property and all Content such as source code, databases, software, website designs, and graphics on the Site and the Marks including Trademarks, Service Marks, Copyright, Trade Names, and Logos that are owned or controlled by us or licensed to us, and are protected by applicable intellectual property rights and other laws. The Content and Marks are provided on the Site for your information and personal use only. No part of the Site, Content, or Marks, in whole or part, may be altered, copied, reproduced, uploaded, publicly displayed, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Provided that you are eligible to use the Site, you are granted limited, personal, non-transferable and non-exclusive license to access the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you and to the Site, the Content, and the Marks. You also agree not to access or attempt to access our Services through any means other than through the interface which is provided by growgoods.com for use in accessing our Services.

GrowGoods Garden Supply respects the intellectual property rights of others and we also ask all of our users to do the same. If you feel that any material available on or through the Site has been replicated in such a way that it infringes upon any copyright you own, control, or otherwise believe your intellectual property rights have been violated, please send a Notification directly to us by using the contact information provided below. Please provide pertinent information such as authorization by the owner of the copyright or intellectual property interest, a description of the alleged infringement, location, contact info, a statement detailing unauthorized use of the work, and a sworn statement, made under penalty of perjury, that the information provided is honest, accurate, and you are authorized to act on the copyright. Be advised about following all applicable laws, you may be held liable for damages for any misstatements or materially false Notifications.

 

Account Creations and User Representations

Once you create an account with us, you are registered on the Site. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove or change a selected username if we determine, at our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

By using the Site, you acknowledge, understand and agree to:

• All registration information you submit will be factual, accurate, current, and complete.
• Maintain the accuracy of such information by promptly updating your registration and profile information as necessary.
• Comply with these Terms of Service.
• Be of legal age and mental capacity.
• Not access the Site through automated or non-human means.
• Not use the Site for any illegal or unauthorized purpose.
• Your use of the Site will not violate any applicable law or regulations.

If you knowingly provide any information that is untrue, inaccurate, or incomplete in nature, we will have sufficient grounds to suspend or terminate your account and refuse any and all current or future use of the Site or Services.

Conduct and Prohibited Activities

As a user or member of the Site, you may not access or use this Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us. Users are solely responsible for any and all content posted, uploaded, emailed, transmitted or otherwise made available by way of the Services, and as such, we do not guarantee the accuracy, integrity or quality of such content.

As a user of the Site, you agree not to:

• Retrieve data or other content from the Site to create or gather, a collection, database, or directory without written permission from us.
• Misrepresent, impersonate, defraud, or mislead us and other users, especially in an attempt to learn sensitive account information such as user passwords.
• Circumvent, disable, or otherwise interfere with security-related features of the Site.
• Disparage, tarnish, or otherwise harm, in our opinion, us or the Site.
• Use any information obtained from the Site or upload, post, email, transmit, or otherwise make available any content that shall be deemed unlawful, threatening, abusive, defamatory, vulgar, obscene, libelous, or invasive of another's privacy in order to harass, abuse, harm, or otherwise be objectionable to others.
• Make improper use of our support services or submit false reports of abuse or conduct.
• Intentionally or unintentionally use the Site in a manner inconsistent with any applicable laws or infringe upon any patent, copyright, trademark, or any other proprietary or intellectual rights of any other party.
• Engage in linking to the Site or offering any unsolicited, unauthorized advertising, promotional flyers, junk mail, spam, or any other form of solicitation.
• Upload, transmit, post, email, or otherwise offer any source that may contain a software virus, Trojan Horse, or other computer code, files, or programs that could interfere with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operations, or maintenance of the Site.
• Engage in any automated use of the system, such as scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools that disrupt the normal flow of communications, or otherwise acting in any manner that would negatively affect other users.
• Delete the copyright or other propriety rights notice from any Content.
• Upload or transmit or attempt to upload or transmit any software, unauthorized script, or other material that acts as an information collection or transmission mechanism.
• Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
• Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
• Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
• Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
• Use of the Site as part of any effort to compete with us or otherwise use the Site and/ or the Content for any revenue-generating endeavor or commercial enterprise.

We reserve the right to pre-screen, refuse, and/or delete any content currently available through our Services. In addition, we reserve the right to remove and/or delete any such content that would violate the Terms of Service or which would otherwise be considered offensive to other visitors or users. GrowGoods Garden Supply herein reserves the right to access, preserve, and/or disclose member account information and/or content if it is requested to do so by law or in good faith belief that any such action is deemed reasonably necessary.

Submitted Content, Contributions, and Submissions

The Site may allow you to contribute to or participate in, blogs, message boards, forums, and other publicly accessible areas, and may provide you with an opportunity to submit, post, display, publish, distribute, or transmit content and materials to us or on the Site. These Contributions may include but are not limited to text, photo, video, audio, photographs, graphics, or other personal information or material. Contributions may be viewable by other visitors or users of the Site and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. You also acknowledge and agree that any Submissions such as questions, comments, feedback, suggestions, or other information regarding the site provided by you is non-confidential and will become our property. You understand there will be no recourse against us for any alleged or actual breach of any proprietary right of your Submissions or Contributions.

When you post or make available any Contributions, you agree and recognize that:

• The creation, distribution, public display, downloading, or copying of your Contributions do not and will not infringe on any applicable intellectual property rights or other laws, including but not limited to copyright, patent, trademark, trade secret, or moral rights of any third party.
• You are the owner of or have necessary rights, consents, and permissions to use and to authorize us, the Site, and other users of the Site to use your Contributions in any manner intended by the Site and these Terms of Service including but not limited to unrestricted, perpetual, royalty-free, and license to host, use, reproduce, disclose, sell, publish, publicly display, transmit, and/or distribute such Contributions.
• You have obtained the written consent and/or permissions of every recognizable person in your Contributions to use their name or likeness and to enable inclusion and use of your Contributions in any manner intended by the Site and these Terms of Service.
• Your Contributions are not untrue, inaccurate, or misleading.
• Your Contributions are not unsolicited or unauthorized advertising or other forms of solicitation.
• Your Contributions are not obscene, lewd, violent, harassing, slanderous, or otherwise objectionable as determined by us.
• Your Contributions do not include offensive comments or ridicule, mock, disparage, intimidate, or abuse anyone.
• Your Contributions are not used to harass or threaten any other person and to promote violence against anyone.
• Your Contributions do not violate or link material that violates any provision of these Terms of Service or any applicable law, rule, or regulation.
• Your Contributions do not violate the privacy or publicity rights of any third party.

Indemnity

All visitors, users, and/or members agree to defend and hold GrowGoods LLC, including our subsidiaries, affiliates, officers, agents, partners, and employees harmless or not liable for loss, damage, liability, claim or demand, which may include, but is not limited to, reasonable attorney fees and expenses made by any third party which may arise from any content, Contributions, use of the Site, breach of these Terms of Service, violation of third party rights, or any public harmful act toward any other user of the Site. We retain the rights to take over sole defense and control of such matters, at your expense, and with your cooperation.

Site Management and Modifications

We reserve the right, but not the obligation to monitor the Site for violations of these Terms and Conditions, take appropriate legal action against or report to law enforcement anyone who, at our sole discretion, violates these Terms of Service or applicable laws, limit or restrict access to any Contributions, or otherwise manage the Site as we see fit to protect our rights and maintain proper functioning of the Site. We cannot guarantee the Site will be accessible at all times due to software, hardware, or maintenance issues and we shall have no liability to you for any loss or corruption of any data.

We reserve the right at any time, with or without prior notice, to temporarily or permanently, amend or discontinue, our Service, or any part herein. In addition, we shall not be held liable to you or to any third party for any such alteration, modification, interruption and/or discontinuation of our Services, Site, or any part herein.

Governing Law and Governmental Requests

These Terms of Service and your use of the Site and/or Services are governed by and created in accordance with applicable laws of the State of Florida with agreements made and performed entirely within the state.

If required to cooperate with any governmental requests, subpoenas, court orders or to safeguard the integrity and operation of our business and services, we may access
and disclose any information we consider necessary or appropriate. Our right to disclose any such information is governed by the terms of our Privacy Policy.

Privacy Policy

Every visitor’s and/or user's data and other personal information are strictly protected by our Online Privacy Policy detailed at https://growgoods.com/pages/privacy-policy). Per the Terms of Service, you agree and consent to the collection and use of any information provided, including the transfer of information for storage or use by GrowGoods LLC and/or our affiliates.

Dispute Resolution and Forum

Any Disputes, related to the Terms of Service, and brought by the Parties; you and GrowGoods LLC, shall be governed by the laws of the state of Florida without regard to its conflict of law provisions. Parties agree that any and all disputes, causes of action, and/or claims, resulting from or relating to the Terms of Service, will first attempt informal negotiations by written notice at least 30 days before initiating arbitration or proceeding to court. If the Parties are unable to settle Dispute by informal negotiations, then court proceedings shall be filed and prosecuted within the state and federal courts located within the County of Sarasota, Florida. Parties agree to submit to the jurisdiction of the aforementioned venue and agree to waive all defenses and/or objections to the exercise of jurisdiction over the parties by such courts and venue, as permissible by law.

Disclaimer and Limitations of Liability

At any time, should GrowGoods Garden Supply fail to administer or enforce any rights or provisions of the Terms of Service, any failure shall not establish a waiver of such right or provision. If any part of these terms and conditions are found by a court of lawful jurisdiction to be invalid, that part is deemed severable and the parties still agree that the other provisions of the Terms of Service remain enforceable and in full effect.

You agree that your use of the Site, our Products, and/or Services will be at your sole risk. To the maximum extent permitted by law, we disclaim all warranties, expressed or implied, in connection with the Site and your use of it. We also cannot make any assurances about the accuracy of content or the content of anything linked to the Site. We assume no responsibility, liability, or obligation to update for any errors, inaccuracies, personal injury, property damage, unauthorized access to information stored on our secure servers, and transmission of viruses or other harmful software from any third party resulting from your access to and use of the Site. We also assume no responsibility for anything advertised or offered by any third party through the Site and will not be held accountable for monitoring any interaction between you and third-party providers. As with any purchase of products and services, be sure to exercise caution and use your best judgement.

Permitting state, federal, and international laws, GrowGoods LLC and its officers, employees, or agents cannot be held liable for any damages resulting from your use of the Site. Our liability to you for any cause at all and irrespective of any action, will always be limited to the amount paid by you to us during the six months prior to any Dispute. You may have additional rights since all or part of the Disclaimers or Limitations may not apply. You also agree to forgo any and all defenses based on the electronic form of these Terms of Service and we will execute these Terms of Service to the fullest extent permitted by law.

Violations and Statue of Limitations

Please report any and all violations of this Terms of Service to GrowGoods Garden Supply at the contact information listed below:

California users can also contact the Division of Consumer Services of the California Department of Consumer Affairs at 1625 N Market Blvd. Suite N112, Sacramento, CA 95834 or 800-952-5210.

This Terms of Service establishes the entire agreement between you and GrowGoods LLC and shall govern the use of our Site, Products, and/or Services. This Agreement replaces any prior version between you and us and you also may be subject to additional terms and conditions when you use or purchase other GrowGoods Garden Supply Products, Services, and third-party content or software. You recognize, comprehend, and agree that irrespective of any opposing statute or law, any claim or action arising out of or related to the use of our Services or the Terms of Service must be filed within 2 years after alleged Dispute or shall be permanently barred.