GrowJourney Terms of Service
Welcome to GrowJourney, www.GrowJourney.com (the “Site”). The Site is a copyrighted work belonging to GrowJourney, LLC (“Company”, “us”, “our”, and “we”). The Company provides a subscription seed service that delivers seed packets directly to consumers via mail (in addition to all other services provided through the Site, the “Services” or the “Service”). Certain features of the Service or Site may be subject to additional guidelines, terms, or rules, which will be posted on the Service or Site in connection with such features, where applicable. All such additional terms, guidelines, and rules are incorporated by reference into this Agreement.
By accessing or using the Site or Services, you are accepting these Terms and you represent and warrant that you have the right, authority, and capacity to enter into this Agreement. You may not access or use the Site or Services or accept the Agreement if you are not at least 18 years old. If you do not agree with all of the provisions of this Agreement, do not access and/or use the Site or Services.
1. Account Creation.
In order to use certain features of the Site (e.g., to use the Services), you must register for an account with the Company (“Company Account” or “Account”) and provide certain information about yourself as prompted by the Site registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate, and (b) you will maintain the accuracy of such information. You may delete your Company Account at any time and for any reason by following the instructions on the Site, subject to the financial terms and conditions in this Agreement. The Company may suspend and/or terminate your Account in accordance with this Agreement.
2. Account Responsibilities.
You are responsible for maintaining the confidentiality of your Company Account (“Account”) login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify the Company of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. The Company cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
3. Registration and Passwords.
4. Email Correspondence.
As a GrowJourney member, you agree to receive emails and newsletters from the Company (including seed growing information and important account information) in addition to occasional promotional emails from the Company. Your email information will be kept confidential and will not knowingly be sold to third party companies unless you have authorized the Company to do so.
You are responsible for providing us with your current e-mail address. In the event that an e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you important notifications, our dispatch of the e-mail containing such notifications will nonetheless constitute us providing you with effective notice. Continued use of our Site or Services following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by any and all terms and conditions of such changes.
II. PAYMENT AND USAGE TERMS
1. Ordering Services.
You may subscribe and/or order the Service by following the directions on the Site. Once you order the Service as a Monthly Subscriber, your subscription to the Service will automatically renew every month until you cancel your Service by following the directions on the Site. Once you order the Service as a Six Month Subscriber, your subscription to the Service will automatically renew every six months until you cancel your Service by following the directions on the Site. Once you order the Service as an Annual Subscriber, your subscription to the Service will automatically renew every year until you cancel your Service by following the directions on the Site. Gift Memberships will not automatically renew; prior to account cancellation, members who received a Gift Membership will be notified to update their account and payment information in order to continue their membership.
The Company may change the pricing for the Services (any time at its sole discretion) by updating the Site and without any additional notice to you, provided that any changes will not take effect until your subscription renews. Company may send you additional gifts, inclusive of your costs of the Service.
2. Payments, Non-Payments, and Cancellation.
If you order the Service, you agree to pay the then-current applicable Service fee(s) listed on the Site’s Membership Subscription page. After the conclusion of any applicable trial periods for personal subscriptions, the Company will automatically bill the credit card you submitted when ordering the Service on the date the Service each month (for monthly subscription plans) or on the date that the service term ends for long-term subscription plans, until such time as you cancel your Service. Cancellation of service can be handled by email correspondence with a Company customer support representative at firstname.lastname@example.org, by directly contacting a Company customer service representative through the Company’s website’s live chat feature, or by logging into your account and canceling your subscription through your user dashboard. If you cancel a gift membership and/or a 3, 6 or 12 month personal membership prior to the completion of the agreement, the remaining balance is non-refundable and will not be prorated. You hereby authorize Company to bill your credit card as described above for Services provided by the Company. If any fee cannot be charged to your credit card for any reason, the Company may provide you, via email or other contact information you have provided to the Company, notice of such non-payment and a link for you to update your payment information. If such non-payment is not remedied within seven (7) days after receiving such notice of non-payment, then the Company may terminate Service at its sole discretion.
3. Recurring Payments
All non-gift and/or non-redemption personal subscription products are set up on a recurring payment basis. By purchasing one of these subscriptions products, you understand that you are agreeing to a recurring subscription service, and that your designated credit card will be charged again at the end of your initial payment term, whether that be monthly, 3 month, 6 month, or 12 month. You may pause or cancel your subscription at any time and for any reason if you wish to discontinue your subscription and not be charged on a recurring basis. You may cancel your account by: a) contacting the Company via email at email@example.com, b) by notifying a customer service representative through our website’s live chat feature, or c) by logging into your account and canceling your subscription through your user dashboard. If you do not cancel your account prior to the end of your renewal period, you agree to be charged on a recurring basis for the original subscription product you purchased at the then-current rate until such time as you cancel your subscription using a cancellation method described herein.
Upon termination of this Agreement, your Account and right to access and use the Site and Services will terminate immediately. You understand that any termination of your Company Account involves deletion of any content associated with the account from our live databases. Company will not have any liability to you in the event of termination of this Agreement, including for termination of your Account or content associated with your Account.
III. Site & Services
You may only use this Site and Services for your own noncommercial personal use as outlined herein. You are responsible for any and all correspondence, communication, sharing of information and/or uploaded files and the resulting consequences. You may not distribute, modify, copy or utilize the content on this site, or content attained through the Services, including derivative works, for commercial purposes without express written permission by the Company. All intellectual property rights, including trade marks, patents, copyrights, trade secrets and other proprietary notices associated and/or belonging to the Site, Service or Company are owned by the Company or Company’s licensors and will be strictly enforced by the Company or the Company’s licensors.
2. Modification and Support.
The Company reserves the right to, at any time, modify, suspend, or terminate the Site or Service or any part thereof with or without notice. By using the Service, you agree that Company will not be liable to you or any third party should modification, suspension or termination of Service, in part or in whole, be carried out at any time and for any reason at the sole discretion of the Company.
By using this Site, you agree to assume all risk and responsibility in association with use of this Site. The Site and Services are provided on an “as is” and “as available” basis without warranty of any kind, either express or implied. The Company does not warrant that (a) the information on this site is correct, accurate or reliable, (b) all features and functionality contained on this Site or Services connected with this site will be uninterrupted or error-free; (c) defects will be corrected, (d) the Site or the technology that makes it available is without viruses or other harmful components. The Company makes no representation or warranty of safety, suitability or accuracy of any third-party sites linked or referenced in any way by the Site or Services.
4. Risk Of Loss
Any merchandise purchased from our Site will be shipped by a third party carrier. Risk of loss for such merchandise will pass to you upon our delivery to the carrier and we will have no obligation, financially or legal, to replace or refund such loss under any circumstances after our delivery to the carrier.
If you submit Feedback, including testimonials and/or Service suggestions regarding the Site or Services (“Feedback”) to the Company, you hereby agree that (a) your Feedback will be treated as non-confidential and non-proprietary by the Company; (b) you are expressly assigning all rights to the Feedback to the Company and granting the Company the right to use the Feedback in any manner it deems appropriate at its sole discretion. You agree that you will not submit any Feedback that you consider to be proprietary or confidential to the Company.
The GrowJourney website contains articles, product reviews, and an affiliate product store (“the store”) that may host Amazon affiliate products and product links as part of the Company’s participation in Amazon.com’s Affiliate Program. GrowJourney may earn a small commission on any sales that are generated via the affiliate links; such sales do not impact the purchase price of the product. By using the site and/or purchasing items through our Amazon affiliate links, you acknowledge that you are aware that these are affiliate links; that all sales that take place off-site via Amazon or other affiliates are not administered or fulfilled by GrowJourney; that Amazon and/or the product manufacturer(s) are solely responsible for all returns, guarantees, or warrantees of any products purchased.
IV. Indemnification & Release
You agree to indemnify, defend, and hold the Company (including its officers, employees, contractors and agents) harmless from any and all third party claims, demands, liabilities, damages, costs and expenses of defense, including attorneys’ fees, resulting in any way from (a) your violation of any laws or regulations; (b) your use of the Site, (c) information you provide to the Site, (d) your violation of this Agreement.
You understand that the Company will not be held liable should any seeds obtained through the Service fail to germinate, grow, produce, or allow for the preservation of future seeds. You recognize that these factors are outside of the Company’s control and the Company makes no claims and can not be held liable for your use of their Services or the failure of those Services to yield any particular result. Furthermore, you agree that the Company has no obligation to provide you with any support or remedy in connection with the Site or Services.
You understand that the Company will not be held liable should you or any third party experience an allergic reaction, sickness, death and/or any other medical reaction (“Medical Emergency”) resulting from, or thought to be resulting from, handling, consuming or contacting any seeds, foods and/or plant matter associated with our Service and/or instructions provided in association with our Services. You agree to indemnify, defend and hold the Company (including its officers, employees, contractors and agents) harmless from any and all third party claims, demands, liabilities, damages, costs and expenses of defense, including attorneys’ fees or medical fees, resulting from any such Medical Emergency.
2. Third Party Links.
The Site and/or Services may at any time and for any reason link to or promote third party websites, services and advertisements (“Links”). These Links are not controlled by or warrantied by the Company and the Company is not responsible for reviewing, regulating, maintaining or warrantying content on, terms and policies of, and/or products and services offered through these Links. By using these Links, you agree to use these Links at your own risk and discretion, and to indemnify the Company of any and all liability in association with such actions.
You hereby release and forever discharge us (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, any interactions with, or act or omission of, other Site or Service users or Third Party Sites & Ads. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
4. Limitation Of Liability.
In no event shall we, our subsidiaries or assigns, affiliates and/or any of their respective officers, directors, employees, agents, successors, suppliers or any third parties providing information on this site, directly or indirectly, be liable to you or any other person or entity for any direct, indirect, special, incidental, punitive, consequential or exemplary damages arising from or relating to this Agreement or your use of, or inability to use, the Site or Service, even if the Company has been advised or is aware of the possibility of such damages or losses. Access to, and use of, the Site and Services are at your own risk and discretion, and you will be solely responsible for any damages therefrom. In no event shall the total liability of the Company, its affiliates or any of their respective officers, directors, employees, agents, successors, assigns, subsidiaries, suppliers, affiliates or third parties references on or providing information through the Site exceed the amount you paid to the Company in connection with the event giving rise to such liability. The existence of more than one claim will not enlarge this limit. You further agree that our suppliers will have no liability of any kind arising from or relating to this Agreement.
Some jurisdictions may not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations or exclusions may not apply.
If any part of this Agreement shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of this Agreement, and in such event, such provision shall be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or applicable court decisions.
2. Entire Agreement.
This Agreement constitutes the entire agreement between you and us regarding the use of the Site and Services. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. This Agreement, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Company’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. The terms of this Agreement shall be binding upon assignees.
3. Governing Law.
The laws of the State of South Carolina shall govern these Terms. YOU HEREBY EXPRESSLY CONSENT TO EXCLUSIVE JURISDICTION AND VENUE IN THE COURTS LOCATED IN GREENVILLE COUNTY, SOUTH CAROLINA FOR ALL MATTERS ARISING IN CONNECTION WITH THESE TERMS AND CONDITIONS OR YOUR ACCESS OR USE OF THE SITE.
Should you have any questions regarding these Terms you may contact us at:
PO Box 15238
Greenville, SC 29610
Copyright 2017, GrowJourney, LLC. All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the Site or Service are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.