These Terms apply to the plantedgrowing.com website (“Site”) and all Site visitors who access and make use of the Site at any time (“your “or “you”). You agree that by using this Site, subscribing to our newsletter or registering for an account, you are 18 years of age and agree to the terms of Service set out at that time. You should not access this Site or use our services until you have carefully read these terms and conditions of use (the “Terms”). It is your responsibility to review these Terms of Service periodically as we may revise these Terms of Service at any time without notice to you. Should you access this Site again you will be agreeing to the then current Terms of Service.
The website, www.plantedgrowing.com, (“Site”) is owned and operated by Grow Radicle, Inc (which we will refer to as “GR”, “we”, “and us”).
We grant you a limited license to access and use the Site for your personal use, and to copy, distribute, transmit and print the content of this Site only to the extent that such copying, distribution and transmission is automatically done through your browser software incidentally to using the Site for your personal use. This license does not include any resale or commercial use of this Site or its contents; any collection and use of any product listings or descriptions; any derivative use of this Site or its contents; any downloading or copying of account information for the benefit of any merchant; or any making use of any data mining, robots or data gathering and extraction tools.
Except as permitted above, 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 GR. You may not use any meta tags or any other "hidden text" utilizing the GR name or trademarks without the express written consent of GR. Any unauthorized use terminates the permission or license granted by GR and could subject you to legal consequences.
We reserve the right to change any information, features and functions of the Site without prior notice. We may refuse service, cancel orders, terminate accounts and/or deny access to any or all parts of this Site if you engage in any conduct or activities that we determine, in our sole discretion, violate these Terms of Service, our rights or the rights of any third party. Use of the Site for any illegal or unauthorized purpose is strictly prohibited. We reserve the right to cancel orders due to suspected deceptive trade practices, phishing, spamming, counterfeiting, identity theft or fraud. The sale or linking of this Site or our products on or to any third party e-commerce site, marketplace or mobile application without our specific written consent is prohibited.
It is however permitted to make any non-commercial, non-disparaging mentioning, tagging, pointing, influencing, opinion, or reporting about our Site.
POSTED AND SUBMITTED CONTENT
For any content (e.g. words, text, documents, images, photographs, audio, audiovisuals, pictorial, graphic or sculptural works, code, plans, digital works) which you post on the Site at any location or which you submit to us - we have the right to make any usage of such content and to remove any such content for any reason or no reason at all. Examples of removal include but are not limited to content which violates, or may violate, any applicable law in any country or jurisdiction, or our Terms of Service, or the removal of such content facilitates, improves or insures the protection of you or us or any other person or government from injury to a right of privacy, publicity, property, intellectual property, personal rights, or the removal of which minimizes eliminates or insures against our liability or risk of liability to you or another person or government. This includes any such action we initiate unilaterally or action which results from notice complaint warning action lawsuit or prosecution of any kind or character anywhere in the world by another. Furthermore, you agree that we shall have no liability to you of any kind or character for such actions including for damages, lost profits, disgorgement of profits, attorney fees or costs.
Any content posted or otherwise submitted to GR by any means whether on the plantedgrowing.com website, through a mobile application, blog or via any form of social media (including by submitting an image to your social media using #PLANTEDGROWING or other GR branded hashtag), will be treated as not private and non-proprietary to you. By submitting content to GR, you grant GR a royalty-free, worldwide, perpetual, irrevocable and transferable right to use, copy, distribute, publish perform and modify such submissions with the right to use your username, real name, image, likeness, identifier, hashtag, and other personal attributes as were used in connection with any use of such content submissions. In addition, when you post photographs, reviews or comments to GR or on any of GR’s social media networks, you also grant us the right to use the name that you submit, if any, in connection with that submission. Anything you submit must not violate any right of any third party and must not contain any libelous, abusive, obscene or otherwise unlawful material. You represent and warrant that you own or have obtained appropriate rights and permissions from any and all other persons and/or entities who own, manage or otherwise claim any rights with respect to any content submitted to GR. If you have any questions about this, you may submit them to email@example.com. You may also contact us by mail at:
11 Cornwall Road
INTELLECTUAL PROPERTY RIGHTS
All content, trademarks, interface features, code and functionality on the plantedgrowing.com website, blog and mobile application belong exclusively to GR, or its affiliates or is licensed by GR from others. The use of any content or GR trademarks or service marks, or any marks confusingly similar to the trademark or service marks without GR’s express written consent is strictly prohibited. Such prohibition includes usage of any of GR’s trademarks or service marks in meta tags, handles, advertising or searchable content without GR’s explicit prior consent.
REGISTRATION AND MEMBERSHIP
To register and create an account on our Site, complete the registration form by providing information such as your valid email address and creating a password. You may also login or create an account using Facebook, Google, or Instagram. If at any time you no longer want to access the Site via your Facebook, Google or Instagram account, please go to your permissions in your personal profile on our Site and edit your preferences. Facebook, Google, and Instagram are considered third party sites per the definition outlined in this agreement. Personal information you provided to that third party, such as your name, email address and other information and your privacy settings on that service which you allow us to access, will be used to create your account.
Each time you use your password or identification, you will be deemed to be authorized to access and use the Site in a manner consistent with these Terms of Service and GR has no obligation to investigate the authorization or source of any such access or use of the Site.
YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THIS SITE BY ANYONE USING YOUR PASSWORD AND IDENTIFICATION WHETHER OR NOT SUCH ACCESS TO AND USE OF THIS SITE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING, WITHOUT LIMITATION, FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE.
You are solely responsible for protecting the security and confidentiality of your password and identification. You shall immediately notify us of any unauthorized use of your password or identification or any other breach or threatened breach of this Site's security.
As a subscriber and/or registered user of the Site, we may send you emails promoting any special offer(s), including third party offers, as well as monthly newsletters, unless you opt-out at any time either in your account settings, by using unsubscribe buttons in emails you receive from us or by emailing us at firstname.lastname@example.org indicating that you would like to unsubscribe from marketing emails.
Customers who access and use the Site from outside of the United States are responsible for complying with their local laws and regulations. Occasionally we will restrict the sale of certain product(s) to certain countries due to their local laws or regulations.
ORDERING AND PRODUCT AVAILABILITY, PAYMENTS, BILLING
By placing an order on the Site, you are (i) offering to purchase a product, (ii) representing that you are of legal age to form a binding contract, and (iii) representing that all information you provide to us in connection with such order is true and accurate and you are an authorized user of the payment method provided. The receipt by you of an order confirmation does not constitute GR’s acceptance of an order. We retain the right to refuse any request made by you.
Prior to GR’s acceptance of an order, verification of information may be required. GR reserves the right at any time after receipt of your order to accept or decline your order, or any portion thereof, even after your receipt of an order confirmation from GR, for any reason whatsoever. GR reserves the right to limit the number of items ordered and to refuse service to you without prior notification. If GR refuses an order, it will refund any payments received.
All features, specifications, products, prices of products and services, discounts, promotions and offers described on our Site are subject to change at any time, and we reserve the right to make changes to them without notice to you. We have made every effort to display as accurately as possible the colors of our products that appear on the Site; however, the actual color you see when you view the item for purchase depends on many factors, including your eyesight, your computer, its resolution and screen size and view settings, and we cannot guarantee that your computer will accurately display our colors. Products are available while supplies last. All prices and products advertised are subject to change.
Please see our FAQ and all related webpages for other terms of sale, including information on shipping, delivery and tracking, the ordering and payment process, returns, refunds and exchanges, pricing, product availability, no resale policy, and other helpful information. GR reserves the right to restrict delivery to addresses within or outside of the United States. Shipping and handling fees and applicable sales/use tax will be added by GR as necessary
The risk of loss and title for product(s) purchased by you pass to you upon our delivery of the product(s) to the carrier.
INTERNATIONAL PAYMENT PROCESSING
GR does not support international payment processing or shipping at this time. You will be notified by email if and when this changes.
RETURNS AND EXCHANGES
Before you make a purchase, please review our current Return Policy.
GR monitors returns to identify potential misuse or abuse of our return policies. We flag customers who meet our criteria for excessive returns. Customers who are flagged may be subject to our review, and revocation of standard customer return policies. We reserve the right to refuse service to anyone.
EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED, THE SITE AND THE PRODUCTS OFFERED ON THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, UNLESS SPECIFICALLY SET FORTH OTHERWISE. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, GR DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. GR DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED ON THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE DEFECTS WILL BE CORRECTED OR THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. GR DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE.
LIMITATION OF LIABILITY
GR SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE OR MATERIALS ON THE SITE, EVEN IF GR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, we have the right to refuse or cancel any orders placed for product listed at the incorrect price, whether or not the order has been confirmed and your bank or credit card charged. If your bank or credit card has already been charged for the purchase and your order is canceled, we will immediately issue a credit to your bank or credit card account in the amount of the charge.
The work includes works that are licensed to GR. All rights reserved.
All trademarks, service marks and trade names of GR on the Site are trademarks of GR or their respective owners. Our trademarks may not be used in any manner for any purpose without our express written consent.
You agree to indemnify, defend and hold harmless GR, its officers, directors, employees, agents, licensors and suppliers from and against all losses, liabilities, expenses, damages and costs, including reasonable attorney fees, resulting from any violation of these Terms of Service, or any activity related to use of the Site (including negligent or wrongful conduct) by you or any other person accessing the Site using your identification or password.
THIRD PARTY LINKS AND SITES
This Site may link to other websites operated by third parties. We have no control over these linked sites, each of which have separate privacy and data collection practices independent of GR. We are not responsible for and do not endorse or accept any responsibility for the availability, contents, products, services or use of any third party site, any website accessed from a third party site or any changes or updates to such sites. These linked sites are only for your convenience and therefore you access them at your own risk. You acknowledge that you bear all risks associated with access to and use of content provided on a third party site and agree that we are not responsible for any loss or damage you may incur from dealing with such a third party site. You should contact the site administrator for the applicable third party site if you have any concerns regarding such links or the content located on any such third party site.
Your use of the Site shall be governed in all respects by the laws of the state of Delaware, U.S.A., without regard to choice of law provisions.
If any current or future provision of these Terms of Service is found invalid, void or for any reason unenforceable, that provision is severable and does not affect the validity and enforceability of any remaining provisions of these Terms.
BINDING ARBITRATION AND DISPUTE RESOLUTIONS
In the United States.
Any dispute or claim relating in any way to:
- your registration on our plantedgrowing.com website (“website”),
- your use of our website,
- your purchase of goods from our website,
- any other access you make to our website,
- your relationship with us or our website, or
- the subject of a purported class action litigation in which you are not a member of a certified class;
will be resolved by binding arbitration or in a small claims court as you choose. The Federal Arbitration Act and federal arbitration law will control and apply to this agreement.
There is no judge or jury in arbitration, and court review of a binding arbitration award is usually final. However, an arbitrator can award on an individual basis the same damages and relief as a court. Of course any matter you wish to bring to the attention of any governmental agency, may be pursued.
To begin a disputed claims, you must first send a letter/email to us describing your claim to our registered agent Grow Radicle Co. c/o Customer Support, 11 Cornwall, Warren, CT, 06754, email@example.com. If we are unable to resolve it then you may then proceed to file a petition to arbitrate (or initiate a small claims action in court). The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org. At its conclusion the Arbitrator will issue a written finding. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. We will reimburse you for those fees you incur if you are successful in your claim. Otherwise neither party will recover its attorney fees and costs in arbitration or small claims court. You may choose to have the arbitration conducted by telephone, written submission, or in person, either in the county where you live, or in New Castle, Delaware as you choose.
We each agree that we waive any right to a jury trial, and that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action, and that you will not act as a plaintiff or class member in any purported class or representative proceeding or act as a private attorney general. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
In Canada. To begin a disputed claim arising between the Parties relating to the application, interpretation, implementation or validity of this agreement, or the relationship of the Parties, you must first send a letter/email to us describing your claim to our registered agent Grow Radicle Co. c/o Customer Support, 11 Cornwall, Warren, CT, 06754, firstname.lastname@example.org. If we are unable to resolve it then you may proceed solely by filing a petition to arbitrate using the Canadian Arbitration Association Expedited Arbitration Rules, to be held in a location of claimant’s choosing, before a single arbitrator, in the English language, and based solely on written submissions and documents.
In the European Union. To begin a disputed claim arising between the Parties relating to the application, interpretation, implementation or validity of this agreement, or the relationship of the Parties, you must first send a letter/email to us describing your claim to our registered agent Grow Radicle Co. c/o Customer Support, 11 Cornwall, Warren, CT, 06754, email@example.com. If we are unable to resolve it then you may proceed solely by filing a petition to subject to determination by a sole arbitrator selected and appointed by the European Court of Arbitration being part of the European Centre of Arbitration having its seat in Strasbourg in accordance with the Documents Only Arbitration Rules of the Court in force at the time the application for arbitration is filed. It shall be conducted in the English language.
These Terms of Service are applicable as stated in all of the provisions above, and shall survive any expiration or termination of these Terms of Service.