Welcome to Grow World! By signing up for a Grow World Account (as defined below) or by using any Grow World Services (as defined below), you are agreeing to be bound by the following terms and conditions (the “Terms of Service”).
The Grow World community market network (collectively called the “Site”) is operated by Grow World, LLC (“GW”) on the CircleCo, Inc. platform. Throughout the Site, the terms “we”, “us” and “our” refer to GW. GW offers this Site, including all information, tools and services available from this Site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our Site and engaging in any Grow World community Site activity, you engage in our “Service” and agree to be bound by these Terms of Service, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the Site, including without limitation users who are members, browsers, vendors, customers, merchants, ambassadors, and/or contributors of Content.
Please read these Terms of Service carefully before accessing or using our Site. By accessing or using any part of the Site, you agree to be bound by these Terms of Service. If you do not agree to these Terms of Service, then you may not access the Site or use any aspect of the Service. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Please note that Section 23 contains an arbitration clause and class action waiver, applicable to users in North and South America, and explains how to opt out of arbitration. Unless you validly opt out, you agree to resolve any disputes with GW exclusively through binding individual arbitration, with only limited exceptions. This means you and GW are waiving the right to sue in court, or have a trial by jury. Please read this Section carefully, as it affects your rights.
GW does not guarantee that the Content of this Site and/or the Service is appropriate for all jurisdictions. You acknowledge that access to the Content on the Site and use of the Service may not be legal by certain persons or in certain jurisdictions.
You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our Site. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes.
For the purposes of these Terms of Service, “Content” means information, materials and other content, including, but not limited to, video, sounds, images, text, data and designs.
SECTION 1 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information or Content made available on this Site is not accurate, complete or current. The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Site is at your own risk.
This Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of the Site at any time, but we have no obligation to update any information on our Site. You agree that it is your responsibility to monitor changes to our Site.
SECTION 2 - MODIFICATIONS TO THE SERVICE
We reserve the right to modify or discontinue the Service (or any part or Content thereof) without notice at any time.We shall not be liable to you or to any third-party for any modification, suspension or discontinuance of the Service.
SECTION 3 –YOUR ACCOUNT WITH GROW WORLD
To access and use the Services, you must register for a Grow World Account (“Account”). To complete your Account registration, you must provide us with your full legal name (or legal entity name), business address, phone number, a valid email address, and any other information indicated as required. GW may reject your application for an Account, or cancel an existing Account, for any reason, in our sole discretion.
You must be the older of: (i) 21 years, or (ii) at least the age of majority in the jurisdiction where you reside and from which you use the Services to open an Account. If any specific licensure or certification is required by your home jurisdiction or the jurisdiction of any other member with whom you engage in any commercial transactions, you agree to obtain such licensure or certification.
You acknowledge that GW will use the email address you provide on opening an Account or as updated by you from time to time as the primary method for communication with you (“Primary Email Address”). You must monitor the Primary Email Address you provide to GW and your Primary Email Address must be capable of both sending and receiving messages. Your email communications with GW can only be authenticated if they come from your Primary Email Address or are provided directly within the Site.
You are responsible for keeping your password secure. GW cannot and will not be liable for any loss or damage from your failure to maintain the security of your Account and password. We may request additional security measures at any time and reserve the right to adjust these requirements at our discretion.
Technical support in respect of the Services is only provided to GW Members. Questions about the Terms of Service should be sent to Grow World Support at team@growworld.com.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Services, or access to the Services without the express written permission of GW.
You agree not to work around, bypass, or circumvent any of the technical limitations of the Services, including to engage in commercial transactions with other GW Members outside GW’s Site, use any tool to enable features or functionalities that are otherwise disabled in the Services, or decompile, disassemble or otherwise reverse engineer the Services.
You agree not to access the Services or monitor any material or information from the Services using any robot, spider, scraper, or other automated means.
You may not engage in any activity that would violate the terms of use or terms of service with any software platform provider of GW, specifically including CircleCo., Inc. CircleCo., Inc.’s terms of service can be found here https://login.circle.so/terms
You understand that your Materials may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. “Materials” means your trademarks, copyrights, Content, any products or services you sell through the Services (including description and price), and any photos, images, videos, graphics, written content, audio files, code, information, or other data provided or made available by you or your affiliates to GW or other GW Members.
We reserve the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the Site and in the provision of the Service to you. We do not assume any responsibility or liability for any information you submit, or your or third parties’ use or misuse of information transmitted or received using the Site.
SECTION 4 – GROW WORLD RIGHTS AND RESPONSIBILITIES
The Services have a range of features and functionalities. Not all Services or features will be available to all GW Members at all times, and we are under no obligation to make any Services or features available in any jurisdiction. Except where prohibited in these Terms of Service or by applicable law, we reserve the right to modify the Services or any part thereof for any reason, without notice and at any time.
GW does not pre-screen Materials and it is in our sole discretion to refuse or remove any Materials from any part of the Services, including if we determine in our sole discretion that the goods or services that you offer through the Services, or the Materials uploaded or posted to the Services, violate any applicable law or these Terms of Service.
We reserve the right to provide our Services to your competitors and make no promise of exclusivity.
In the event of a dispute regarding Account ownership, we reserve the right to request documentation to determine or confirm Account ownership. Documentation may include, but is not limited to, a scanned copy of your business license, government issued photo ID, the last four digits of the credit card on file, or confirmation of your status as an employee of an entity.
GW reserves the right to determine, in our sole discretion, rightful Account ownership and transfer an Account to the rightful Account owner. If we are unable to reasonably determine the rightful Account owner, without prejudice to our other rights and remedies, GW reserves the right to temporarily suspend or disable an Account until resolution has been determined between the disputing parties.
SECTION 5 – MEMBER RESPONSIBILITIES
You acknowledge and agree that the Services are not a marketplace, and any contract of sale made through the Services is directly between you and the other GW Member(s). You are the seller of record for all items you sell through the Services. You are responsible for the operation of your business, your Materials, the goods and services that you may sell through the Services, and all aspects of the transactions between you and your GW Members. This includes, but is not limited to, authorizing the charge to the customer in respect of the customer’s purchase, refunds, returns, fulfilling any sales or customer service, fraudulent transactions, required legal disclosures, regulatory compliance, alleged or actual violation of applicable laws (including but not limited to Federal Cannabis Law in any jurisdiction where you offer products or services for sale), or your breach of these Terms of Service. You represent and warrant that your business, your Materials and the goods and services you sell through the Services will be true, accurate, and complete, and will not violate any applicable laws, regulations or rights of third parties. For the avoidance of doubt, GW will not be the seller or merchant or record and will have no responsibility for your business or items sold to customers through the Services.
For purposes of this Agreement: “Federal Cannabis Law” means any U.S. federal law, civil, criminal, or otherwise, that is directly or indirectly related to the cultivation, harvesting, production, processing, marketing, distribution, sale, transfer, possession, and use of marijuana, or related substances or products containing cannabis, marijuana, or related substances, including without limitation the prohibition on drug trafficking under the Controlled Substances Act (21 U.S.C. § 801, et seq.), the conspiracy statute under 18 U.S.C. § 846, the bar against aiding and abetting the conduct of an offense under 18 U.S.C. § 2, the bar against misprision of a felony (concealing another’s felonious conduct) under 18 U.S.C.§ 4, the bar against being an accessory after the fact to criminal conduct under 18 U.S.C. § 3, and federal money laundering statutes under 18 U.S.C. §§ 1956, 1957 and 1960.
You are solely responsible for the goods or services that you may sell through the Services (including description, price, fees, tax that you calculate, defects, required legal disclosures, regulatory compliance, testing or other certifications, offers or promotional Content), including compliance with any applicable laws or regulations.
You may not use the GW Services for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction, or the laws applicable to you in your customer’s jurisdiction. You will comply with all applicable laws, rules and regulations (including but not limited to obtaining and complying with the requirements of any license or permit that may be necessary to operate your store or that may be held by you) in your use of the Service and your performance of obligations under the Terms of Service.
SECTION 6 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our Site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, or other such information. We reserve the right to correct any errors, inaccuracies or omissions if posted by GW, and to change or update information if any information in the Service or on any related website is inaccurate at any time without prior notice. Third party Members of the Site may do the same.
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, except as required by law. No specified update or refresh date supplied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools and Content over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. GW shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the Site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).We may also, in the future, offer new services and/or features through the Site (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 – PAYMENT OF FEES AND TAXES
You will pay the Fees applicable to your Membership Plan pursuant to the Master Services Agreement, and any other applicable fees, including but not limited to any Marketing Commission Fees relating to the value of sales made through the GW market network (collectively, “Fees”).
Each Member must keep a valid payment method on file with us to pay for all incurred and recurring Fees. GW will charge applicable Fees to any valid payment method that you authorize (“Authorized Payment Method”)
If GW is not able to process payment of Fees using an Authorized Payment Method, GW may make subsequent attempts to process payment using any Authorized Payment Method. If GW is unable to successfully process payment of Fees using an Authorized Payment Method within thirty (30) days of our initial attempt, we may suspend and revoke access to your Account and the Services. Your Account will be reactivated upon your payment of any outstanding Fees. You may not be able to access your Account or the GW community during any period of suspension. If the outstanding Fees remain unpaid for 60 days following the date of suspension, GW reserves the right to terminate your Account.
All Fees are exclusive of applicable federal, provincial, state, local or other governmental sales, goods and services, or other taxes, fees or charges now in force or enacted in the future (“Taxes”).
Each Member is responsible for all applicable Taxes that arise from or as a result of their subscription to the GW market network or purchase of products and services thereon. Members are responsible for determining if Taxes are payable, and if so, self-remitting Taxes to the appropriate tax authorities in your jurisdiction.
SECTION 9 - THIRD-PARTY LINKS
Certain Content, products and services available through the Service may include materials from third parties. Third-party links on the Site may direct you to third-party websites that are not affiliated with GW. We are not responsible for examining or evaluating the Content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, Content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 10 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions, or if, without a request from us, you post to your Grow Journal or send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, or otherwise (collectively, “Comments”), you grant to GW an unrestricted, irrevocable license to edit, copy, reproduce, publish, upload, post, transmit, distribute, publicly display, perform, modify, create derivative works from, and otherwise freely use, such comments without compensation or acknowledgment. For clarity, we are and shall be under no obligation to: (1) maintain any comments or posts in confidence; (2) pay compensation for any comments or posts; or (3) respond to any comments or posts.
You agree that your Comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or the Site. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead GW or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by any Member or any third party.
GW acts solely as a technological intermediary between users, pursuant to 47 U.S.C. § 230. GW does not produce, provide or control user Comments or Content. We may, but have no obligation to, monitor, edit or remove comments or other Comments or Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. However, we have no liability related to any comments, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise.
SECTION 11 - PERSONAL INFORMATION
Your optional submission of personal information through the Grow Journal or other functions within the Service or otherwise on the Site is governed by our Privacy Policy, found at growworld.com/privacy-policy, which is incorporated herein by reference. You may also have access to your Grow Journal. Unless specifically opted in by you, any Content in your Grow Journal may be made available to third parties. Any information or Content shared in any Spaces, Trading Posts or other community groups will not be anonymous and will not be deidentified for other members. However, any data generated through your use and engagement with the Spaces Grow Journals, Trading Posts or other Site functionality may be aggregated and deidentified for third party use.
SECTION 12 - PROHIBITED USES
You are prohibited from using the Site or its Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit worms, viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service, the Site, other webApps, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service the Site, other websites, or the Internet. We reserve the right to terminate your use of the Service or the Site for violating any of the prohibited uses.
You also agree, as a condition of accessing the Service, that you shall not: (i) attempt to circumvent the Site or its communications process by any means; (ii) make any effort to obtain unauthorized access to any portion of the Site that is not intended for users; or (iii) make any communication to other users related to any third-party economic interests, including, but not limited to, promotions of other websites, businesses or interests.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.
You will be responsible for any breach of the Terms of Service by your affiliates, agents or subcontractors and will be liable as if it were your own breach.
You expressly agree that your use of, or inability to use, the Service is at your sole risk and that you are solely responsible for any damages that may result, including loss of data or damage to your computer system. The Service and all products and services delivered to you through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall GW, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of the Service or any Content posted, transmitted, or otherwise made available via the Service, even if advised of their possibility.
Our liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to the Site for the Service, but in no case will the Site’s liability to you exceed $100. You acknowledge that if no Fees are paid to GW for the Service, you shall be limited to injunctive relief only, unless otherwise permitted by law, and shall not be entitled to damages of any kind from GW, regardless of the cause of action.
If your jurisdiction of residence does not allow the exclusion or the limitation of liability for consequential or incidental damages, our liability to you shall be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless GW and our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable solicitors’/attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the policies they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 – INTELLECTUAL PROPERTY AND YOUR CONTENT
We do not claim ownership of the Content you provide to GW; however, we do require a license to that Content. You grant GW a non-exclusive, transferable, sub-licensable, royalty-free, worldwide right and license to host, use, distribute, expose, modify, run, copy, store, publicly perform, communicate to the public (including by telecommunication), broadcast, reproduce, make available, display, and translate, and create derivative works of any Content provided by you in connection with the Services. We may use our rights under this license to operate, provide, and promote the Services and to perform our obligations and exercise our rights under the Terms of Service. You represent, warrant, and agree that you have all necessary rights in the Content to grant this license. You irrevocably waive any and all moral rights you may have in the Content in favor of GW and agree that this waiver may be invoked by anyone who obtains rights in the materials through GW, including anyone to whom GW may transfer or grant (including by way of license or sublicense) any rights in the Content.
If you owned the Content before providing them to GW then, despite uploading them to the GW marketplace or any Space, Trading Post or Grow Journal, they remain yours, subject to any rights or licenses granted in the Terms of Service or elsewhere. You can remove your Content at any time by deleting your Account. Removing your Content does not terminate any rights or licenses granted to the Content that GW requires to exercise any rights or perform any obligations that arose during the Term.
You grant GW a non-exclusive, transferable, sub-licensable, royalty-free, worldwide right and license to use the names, trademarks, service marks and logos associated with your Account to operate, provide, and promote the Services and to perform our obligations and exercise our rights under the Terms of Service. This license will survive any termination of the Terms of Service solely to the extent that GW requires the license to exercise any rights or perform any obligations that arose during the Term.
GROW WORLD INTELLECTUAL PROPERTY
You agree that you may not use any trademarks, logos, or service marks of GW, whether registered or unregistered, including but not limited to the word mark Grow World. You further agree not to use or adopt any marks that may be considered confusing with the Grow World trademarks.
SECTION 16 – COPYRIGHT INFRINGEMENT
GW prohibits copyright infringement on its Site. Pursuant to the Digital Millennium Copyright Act (“DMCA”), GW provides the following contact information for receipt of infringement notices: Grow World, LLC: team@growworld.com
Any notice of claimed infringement must be a written communication that includes the following under 17 U.S.C. §512(c)(3):
i. A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
ii. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works.
iii. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
iv. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
v. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
vi. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.Upon receipt of a notice of claimed infringement, GW will remove or disable access to the allegedly infringing material and promptly notify the alleged infringer of the claim. Subsequent proceedings after initial notification are governed by the DMCA. Pursuant to the DMCA and other applicable law, GW reserves the right to terminate any infringer, particularly repeat infringers, for any reason in its sole discretion.
SECTION 17 – TRADEMARK INFRINGEMENT
GW prohibits trademark infringement on its Site. GW provides the following contact information for receipt of infringement notices: Grow World, LLC: team@growworld.com
Any notice of claimed infringement must be a written communication that includes the following:
i. A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
ii. Identification of the trademark claimed to have been infringed, complete with registration number and issuing government authority.
iii. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
iv. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
Upon receipt of a notice of claimed infringement, GW will investigate the claim. GW reserves the right to terminate any infringer, particularly repeat infringers, for any reason in its sole discretion.
SECTION 18 – ACKNOWLEDGEMENT OF LAW.
You acknowledge and agrees that certain countries, states and territories have enacted certain legislation regulating the medical or recreational use of cannabis. The activities contemplated by this Agreement may be illegal under state law unless each party acts in compliance with applicable state and local law. Under Federal Cannabis Laws, the cultivation, harvesting, production, processing, marketing, distribution, sale, transfer, possession, and use of cannabis are illegal.
SECTION 19 - WAIVER OF ILLEGALITY DEFENSE.
YOU AGREE THAT THIS AGREEMENT'S INVALIDITY FOR PUBLIC POLICY REASONS AND/OR ITS
VIOLATION OF FEDERAL CANNABIS LAWS IS NOT A VALID DEFENSE TO ANY
DISPUTE OR CLAIM ARISING OUT OF THIS AGREEMENT. YOU EXPRESSLY WAIVE THE RIGHT TO PRESENT ANY DEFENSE RELATED TO THE FEDERAL ILLEGALITY OF CANNABIS AND AGREES THAT SUCH DEFENSE SHALL NOT BE ASSERTED, AND WILL NOT APPLY, IN ANY DISPUTE OR CLAIM ARISING OUT OF THIS AGREEMENT.
SECTION 20 – YOUR PRIVACY
We know your personal information is important to you, so it’s important to us. Our Privacy Policy (growworld.com/privacy-policy) details how your information is collected, used and shared when you use our Services. By using our Services, you're also agreeing that we can process your information in the ways set out in the Privacy Policy.
To the extent that GW processes personal information of your customers as a “data processor” or “service provider” under certain data privacy or protection laws, including the EU or UK General Data Protection Regulation and the California Consumer Privacy Act, GW’s collection and use of personal information is also subject to our Privacy Policy.
SECTION 21 - GOVERNING LAW
These Terms of Service, and your use of the Site and the Service, shall be governed by and construed in accordance with the laws of Delaware. GW does not guarantee that the Content of this Site and/or the Service is appropriate for all jurisdictions.
SECTION 22 - GENERAL
These Terms of Service and any policies or operating rules posted by us on this Site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). We may update these Terms of Service with written notice to you. Your continued use of the Service or the Site following notice shall constitute your acceptance to the same.
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
The headings used herein are included for convenience only and will not limit or otherwise affect these Terms of Service.
A breach or violation of any of these Terms of Service will result in an immediate termination of your use of the Service. GW further reserves the right, in its sole discretion, to suspend or terminate your use of the Service for any reason. The Site may similarly prohibit a User from accessing the Site or any portion of the Service at its sole discretion. GW reserves the right to cancel or disable accounts dormant for a period of 12 months or more in its sole and absolute discretion.
SECTION 23 – DISPUTE RESOLUTION; BINDING ARBITRATION
READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM GW. This Section (the “Arbitration Agreement”) applies to and governs any dispute, controversy, or claim between you and GW that arises out of or relates to, directly or indirectly: (a) these Terms, including the formation, existence, breach, termination, enforcement, interpretation, validity, or enforceability thereof; (b) access to or use of the Services, including receipt of any advertising, marketing, or other communications from us; (c) any transactions through, by, or using the Services; or (d) any other aspect of your relationship or transactions with us, directly or indirectly, as a user or consumer (“Claim” or collectively, “Claims”). The Arbitration Agreement shall apply, without limitation, to all Claims that arose or were asserted before or after your consent to these Terms.
If you are a new user, you can reject and opt-out of this Arbitration Agreement within thirty (30) days of accepting these Terms by emailing us at team@growworld.com your first and last name and stating your intent to opt-out of the Arbitration Agreement. Opting out of this Arbitration Agreement does not affect the binding nature of any other part of these Terms, including the provisions regarding controlling law or in which courts any disputes must be brought.For any Claim, you agree to first contact us at team@growworld.com and attempt to resolve the dispute with us informally. In the unlikely event that we have not been able to resolve a Claim after sixty (60) days, we each agree to resolve any Claim through binding arbitration by the American Arbitration Association, under the Optional Expedited Arbitration Procedures then in effect for AAA (the “Rules”), except as provided herein. In the event of any conflict between the Rules and this Arbitration Agreement, the Arbitration Agreement shall control. The arbitration will be conducted in Tucson, Arizona, unless you and we agree otherwise. If you are using the Services for commercial purposes, each party will be responsible for paying any filing, administrative and arbitrator fees in accordance with AAA rules, and the award rendered by the arbitrator will include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses. If you are an individual using the Services for non-commercial purposes: (i) AAA may require you to pay a fee for the initiation of your case, unless you apply for and successfully obtain a fee waiver from AAA; (ii) the award rendered by the arbitrator may include your costs of arbitration, your reasonable attorney’s fees, and your reasonable costs for expert and other witnesses; and (iii) you may sue in a small claims court of competent jurisdiction without first engaging in arbitration, but this does not absolve you of your commitment to engage in the informal dispute resolution process. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. You and we agree that the arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether these Terms, or any provision of these Terms, is unconscionable or illusory or any defense to arbitration, including waiver, delay, laches, unconscionability, or estoppel.
NOTHING IN THIS SECTION WILL BE DEEMED AS: PREVENTING US FROM SEEKING INJUNCTIVE OR OTHER EQUITABLE RELIEF FROM THE COURTS AS NECESSARY TO PREVENT THE ACTUAL OR THREATENED INFRINGEMENT, MISAPPROPRIATION, OR VIOLATION OF OUR DATA SECURITY, INTELLECTUAL PROPERTY RIGHTS OR OTHER PROPRIETARY RIGHTS; OR PREVENTING YOU FROM ASSERTING CLAIMS IN SMALL CLAIMS COURT, IF YOUR CLAIMS QUALIFY AND SO LONG AS THE MATTER REMAINS IN SUCH COURT AND ADVANCES ON ONLY AN INDIVIDUAL (NON-CLASS, NON-COLLECTIVE, AND NON-REPRESENTATIVE) BASIS.
If this Arbitration Agreement is found to be void, unenforceable, or unlawful, in whole or in part, the void, unenforceable, or unlawful provision, in whole or in part, shall be severed. Severance of the void, unenforceable, or unlawful provision, in whole or in part, shall have no impact on the remaining provisions of the Arbitration Agreement, which shall remain in force, or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration Agreement. All other claims for relief subject to arbitration under this Arbitration Agreement shall be arbitrated under its terms, and the parties agree that litigation of any dispute regarding the entitlement to public injunctive relief shall be stayed pending the outcome of any individual claims in arbitration.
SECTION 24 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at team@growworld.com. Similarly, any notice or other communication regarding these Terms of Service should be in writing and sent to us at team@growworld.com.
