CONDITIONS OF USE
The www.growingnaturals.com Web Site is available for your use conditioned on your acceptance, without modification, of the terms, conditions, and notices contained herein. By using this website, you agree to the following conditions of use without limitation or qualification. Please read these conditions carefully before using this website. These conditions may be revised at any time by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then-current conditions to which you are bound.
To the fullest extent permissible pursuant to applicable law, the materials on this website are provided as is and without any representations or warranties of any kind, either expressed or implied. Growing Naturals, LLC. and its subsidiaries and affiliates (collectively, “GN”) disclaim all representations and/or warranties, expressed or implied including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. GN does not warrant that the functions contained in the materials will be uninterrupted, non-infringing or error-free, that defects will be corrected, or that this website or the server that makes it available are free of viruses or other harmful components. GN does not warrant or make any representations regarding the use or the results of the use, of the materials on this website in terms of their correctness, accuracy, reliability, or otherwise, which may include inaccuracies or typographical errors. Changes may be periodically made to the content and functionality of the www.growingnaturals.com website without notice. You (and not GN) assume the entire cost of all necessary servicing, repair, or correction. The information and descriptions contained herein are not necessarily intended to be complete descriptions of all applicable terms, exclusions and conditions and are provided solely for general informational purposes. Please refer to your actual purchase order or the relevant product description. This website may be linked to other websites which are not maintained by GN. GN is not responsible for the content of such websites. The inclusion of any link to such websites does not imply GN’s approval or endorsement of such sites or the content thereof and has been provided to you solely for your convenience. The information contained herein should not be relied upon for professional, medical, heath or other advice and you should consult the appropriate professional for advice specifically intended to address your situation.
LIMITATION OF LIABILITY
While GN uses reasonable efforts to include accurate and up-to-date information on this website, errors or omissions sometimes occur. To the maximum extent permitted by applicable law, under no circumstances shall GN, its officer, directors, employees, subsidiaries, affiliates, any of its suppliers or any party involved in creating, producing, or delivering this website be liable for any direct, indirect, punitive, incidental, special, consequential or other damages including, but not limited to, damages for loss of use, data, or profits, arising out of or in any way connected with the use, inability to use or performance of the growingnaturals.com website, whether based on contract, tory, negligence, strict liability or otherwise, even if GN or a GN authorized representative has been advised of the possibility of such damages. In no event shall GN’ total liability to you for all damages, losses, and causes of action exceed the amount paid by you, if any, for accessing this website. GN also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property as a result of your access to, use of, or browsing in this website or your downloading of any materials, data, text, images, video, or audio from this website. Your sole and exclusive remedy in connection with these terms and your use of the growingnaturals.com website is your discontinuing of the website.
RESTRICTIONS ON USE OF MATERIALS
This website is owned and operated by GN. Except as otherwise expressly permitted by GN, no materials from this website or any website owned, operated, licensed or controlled by GN may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. You may download material displayed on this website for your use only; provided, that you also retain all copyright and other proprietary notices contained on the materials. You may not distribute, modify, transmit, reuse, repost, or use the content of this website for public or commercial purposes, including the text, images, audio, and video without GN’s prior written permission.
OWNERSHIP AND USE OF INFORMATION
Any information, other than personal data or information you transmit via this website, by electronic mail, use of the bulletin board or otherwise, including data, questions, comments, or suggestions, will be treated as non-confidential and non-proprietary and will become the property of GN. Such information, other than personal data or information, may be used for any purpose including, but not limited to, reproduction, solicitations, disclosure, transmission, publication, broadcast, and posting. GN is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to GN via this website or by any other means for any purpose whatsoever including, but not limited to, developing and marketing products using such information.
As a condition of your use of the growingnaturals.com web site, you specifically warrant and agree to GN that you will not use the growingnaturals.com web site for any purpose that is unlawful, improper or otherwise prohibited by these terms, conditions, and notices. You may not and agree that you will not use the growingnaturals.com web site in any manner which could damage, disable, overburden, or impair the growingnaturals.com web site or interfere with any other party’s use and enjoyment of the growingnaturals.com web site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through GN and/or its web sites.
USE OF COMMUNICATION SERVICES
The growingnaturals.com web site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities which enable you to communicate with other users of the website (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. Solely for the purposes of illustration and not as a limitation, you agree that when using a Communication Service, you will not:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
- Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
- Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
- Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
- Conduct or forward surveys, contests, pyramid schemes or chain letters.
- Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying the Communication Services.
- Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
- Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
- Violate any applicable laws or regulations.
GN has no obligation to monitor the Communication Services. However, it reserves the right to review materials posted to the Communication Service and to remove any materials for any reason, in its sole discretion. GN reserves the right at all times to disclose any information as necessary to satisfy any law, rule, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in GN’s sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. GN does not control or endorse the content, messages or information found in any Communication Service and, therefore, GN specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers, forum leaders, etc. are not authorized representatives or agents of GN, and their views do not necessarily reflect those of GN or growingnaturals.com.
GN does not claim ownership of the materials you provide to growingnaturals.com or post, upload, input or submit to any GN web site (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are irrevocably granting to GN and its affiliated companies any and all necessary licensees and/or permission to use your Submission including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. GN is under no obligation to post or use any Submission you may provide and may remove any Submission at any time, in GN’s sole discretion. By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions. Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
TRADEMARKS AND COPYRIGHTS
All trademarks, service marks, trade names, logos, and icons are proprietary to GN. Nothing contained on this website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on this website without the prior written permission of GN. Your use of the trademarks displayed on this website, or any other content on this website, except as provided herein, is strictly prohibited. Images displayed on this website are either the property of, or used with the permission by GN. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by GN. Any unauthorized use of images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. All contents of the www.growingnaturals.com web site are: Copyright 2010 by Growing Naturals, LLC and/or its suppliers. All rights reserved.
You acknowledge that any software which may be available or provided to you on this website may contain technology that is subject to strict controls pursuant to export control laws and regulations of the United States of America and other countries and jurisdictions. You hereby agree that you will not transfer or export such software in violation of such applicable export control laws and regulations. Chartis does not authorize the downloading or exportation of any software or technical data from this website to any jurisdiction where such activity is prohibited by export controls laws and regulations.
GN reserves the right to terminate your access to the growingnaturals.com web site, including any or all of the Communication Services at any time without notice for any reason whatsoever. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Arizona and you hereby consent to the exclusive jurisdiction and venue of the state and federal courts in Pima County, Phoenix, Arizona for all disputes arising out of or relating to the use of the growingnaturals.com web site. Use of the growingnaturals.com web site unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and GN as a result of this agreement or use of the growingnaturals.com web site. GN’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of GN’s right to comply with governmental, court and law enforcement requests or requirements or information provided to or gathered by GN with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and GN with respect to the growingnaturals.com web site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and GN with respect to the growingnaturals.com web site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.