Website Terms and Conditions
This website poweredbygrow.com (the “Website”) is the exclusive property of Grow Technologies Inc. (“Grow”).
For the purposes hereof, the term “Grow Group” includes Grow, its affiliated and related companies (including all subsidiaries), its divisions and other companies that are members of its corporate group, its suppliers and licensors, as well as its employees, directors, administrators, shareholders, agents, subcontractors and other representatives.
This document constitutes an Agreement between you, Grow and the other members of Grow Group that sets out the terms and conditions by which Grow allows you to visit the Website and to view the information that is contained therein. By visiting the Website, you accept the terms set forth in this Agreement. Please read this document carefully and in its entirety. If for whatever reason you are not in agreement with the terms contained in this Agreement, please end your visit to the Website.
BY VISITING THIS WEBSITE, YOU AGREE TO BE BOUND BY THE PROVISIONS OF THIS AGREEMENT WITHOUT LIMITATIONS OR RESERVATIONS, AND BY ANY APPLICABLE LAWS.
- Compliance with this Agreement and Applicable Laws
Your use of this Website shall be in compliance with this Agreement and any applicable laws, most notably but without limiting the generality of the foregoing, those laws pertaining to copyrights and trademarks.
- Intellectual Property
You acknowledge that any and all information, content, documents, images, trademarks, trade names, trade dress, products, reports, data, graphics, interfaces, web pages, text, files, software, product names, company names, logos and any other elements incorporated into or published on the Website (collectively, the “Content”), including the manner in which the Content is presented or appears and all information relating thereto, are the property of Grow (or its licensors, as the case may be). Content published by Grow on the Website may belong to third parties and may be published by Grow under a licence.
- Restrictions on Use of Content
Subject to your compliance with the terms and conditions of this Agreement, Grow grants you a non-exclusive, personal, non-assignable and non-sublicensable, licence to access (remotely via an Internet connection provided by you) the Website and the Content, the whole solely for informational purposes.
Grow hereby authorizes you to copy Content published on its Website for your personal use only or for internal use within your organization. This authorization does not grant you to right to distribute the content to third parties. In consideration of this authorization, you agree that any copy of this Content which you make shall retain all copyright and other proprietary notices contained herein.
Except as specifically provided above, no Content from the Website may be copied, reproduced, republished, uploaded, posted, transmitted, downloaded or distributed by you in any way without the prior written consent of Grow.
Except as expressly provided herein or in the case where Grow has specifically granted written permission to use the Content, no licence or right, express or implied, is granted to any person or user of the Website. More specifically, no right, title or interest in any Content, including without limitation any logos or other marks of Grow, is transferred to you as a result of your use of the Website, and Grow reserves complete title and full intellectual property rights in and to such Content.
- Purpose of Website and Limitation on Warranty
The primary goal of this Website is to provide information on Grow and where applicable, on the products and services offered by the other members of Grow Group. The information contained on the Website is provided for information purposes only and should only be used with this goal in mind.
While Grow shall make all reasonable efforts to ensure that the information on the Website is accurate and up to date, it is possible that, at any given time, this information may be incomplete, contain errors or be out of date or inaccurate. Before making a decision based on the said information, you should validate the information with another source or contact Grow.
Changes may be periodically made to the Website Content; these changes will be incorporated in new editions of the Website. For example, Grow may make improvements and/or changes in the products and/or the programs described in the Website at any time without notice and the Content will be updated accordingly.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, THIS WEBSITE AND ITS CONTENT ARE PROVIDED “AS IS” WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO THE GENERAL QUALITY, THE UNINTERRUPTED OR ERROR-FREE OPERATION, AVAILABILITY, ACCURACY, COMPLETENESS, LEGALITY, TITLE, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTIES BASED ON PREVIOUS CONDUCT OR ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE.
- Limitation of Liability
GROW GROUP ASSUMES NO LIABILITY PERTAINING TO THE USE OF THE WEBSITE AND/OR THE CONTENT OR FOR ANY DAMAGE OR PROBLEM, WHATEVER ITS NATURE OR ORIGIN, THAT MAY ARISE IN THE USE OF THIS WEBSITE AND/OR CONTENT OR FOLLOWING THE USE THEREOF.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, IT IS UNDERSTOOD THAT GROW GROUP WILL NOT ASSUME ANY RESPONSIBILITY FOR:
- ANY INDIRECT, PUNITIVE OR EXEMPLARY, DAMAGES FOR LOSS OF PROFITS, LOSS OF SAVINGS, LOSS OF OPPORTUNITY, LOSS OF DATA OR COST OF DATA RECOVERY, HOWSOEVER CAUSED, EVEN IF THERE WAS A NOTICE OF THE POSSIBILITY OF SUCH DAMAGES OR EVEN IF SUCH DAMAGES WERE REASONABLY FORESEEABLE; OR
- DAMAGES OR LOSSES RESULTING FROM: (A) VIRUSES, DATA CORRUPTION, FAILED MESSAGES, TRANSMISSION ERRORS OR PROBLEMS; (B) TELECOMMUNICATIONS SERVICE PROVIDERS; (C) THE INTERNET BACKBONE; (D) THIRD-PARTY CONTENT, PRODUCTS OR SERVICES; (E) DAMAGES OR LOSSES CAUSED BY YOU, OR YOUR EMPLOYEES, AGENTS OR SUBCONTRACTORS; (F) LOSS OF USE OR LACK OF AVAILABILITY OF FACILITIES INCLUDING COMPUTER RESOURCES, ROUTERS AND STORED DATA; (G) THE USE OR INABILITY TO USE THIS WEBSITE OR THE CONTENT; (H) ANY OTHER WEBSITE ACCESSED TO OR FROM THIS WEBSITE; (I) OR EVENTS BEYOND THE REASONABLE CONTROL OF MEMBERS OF GROW GROUP, EVEN IF THERE WAS A NOTICE OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIMS OR EVEN IF SUCH DAMAGES OR CLAIMS WERE REASONABLY FORESEEABLE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO CASE WILL GROW GROUP’S, TOTAL CUMULATIVE AGGREGATE LIABILITY ARISING UNDER ANY CAUSE WHATSOEVER (INCLUDING, WITHOUT LIMITATION, BREACH OF CONTRACT, EXTRA-CONTRACTUAL LIABILITY, TORT, NEGLIGENCE, GROSS NEGLIGENCE, OR OTHERWISE) BE FOR MORE THAN ONE HUNDRED CANADIAN DOLLARS (CND $100).
You agree at all times to indemnify, defend and hold harmless Grow Group against all actions, proceedings, costs, claims, damages, demands, liabilities and expenses whatsoever (including legal and other fees and disbursements) related to or resulting from, directly or indirectly:
- any information or Content which you send to Grow Group by e-mail or other correspondence; or
- subject to Section 6, your use or misuse of the Content or this Website, including, without limitation, intellectual property infringement claims.
- Hyperlinks and References
The Website contains links that allow you to access websites operated by third parties and containing information on the said parties (“Third Party Sites”). These links have been provided solely as a convenience for users of this Website and your access to Third Party Sites through links provided on the Website is at your own risk. Grow Group makes no representation and offers no warranty as to these Third Party Sites , the state of the said Third Party Sites or the information contained on or distributed by such Third Party Sites. Grow Group assumes no liability or responsibility concerning any damages that may arise from the use of links to Third Party Sites or information contained on or distributed by any Third Party Sites.
- Website Monitoring and Consent to Data Exchange
Grow reserves the right, at its sole discretion, to monitor your use of the Website as well as the use and access of all other users. By accepting to access this Website, you consent to such monitoring. However, you also acknowledge that Grow is not obligated to take action to control the users’ activities on the Website and therefore is not responsible for any users’ activities.
- Changes Without Prior Notice
Grow reserves the right to amend this Agreement at any time, and in its sole discretion, by posting the amendments on this Website. You are responsible for periodically reviewing the Website for any amendments to the Agreement. Access to the Website or use of this Website after any amendments have been posted shall be construed as your acknowledgement and acceptance of the amended Agreement.
In the event of litigation involving this Agreement, the version of this Agreement in effect at the time the disputed actions take place shall govern the dispute.
The Website contains trademarks that are the property of Grow Group or its third-party suppliers. Trademarks that are owned by third parties are used on the Website pursuant to a licence which only extends to Grow Group and not to you. You receive no licence to use the trademarks featured on the Website and any such use must be pre-approved by Grow.
- Entire Agreement
This Agreement, as it may be amended from time to time in accordance with Section 12, and any and all other legal notices and policies on this Website, constitute the entire Agreement between you and Grow Group with respect to the use of this Website and the Content.
Notwithstanding the foregoing, certain Content may be subject to different terms which will be disclosed to you at the time of accessing such Content. If terms different from those contained herein are disclosed to you in relation to specific Content, those terms will apply to such Content and take precedence over this Agreement. For clarity, the terms of any software licence agreement, which are available for download on the Website, will take precedence over the terms included in this Agreement.
Any provision of this Agreement that is deemed unlawful, void, or for any reason unenforceable shall be deemed to be ineffective to the extent of such illegality, invalidity or unenforceability and shall otherwise be enforced to the maximum extent permitted by law, all without affecting the remaining provisions of this Agreement or affecting the legality, validity or enforceability of such provision.
- Limitation of Access, Term and Termination
This Agreement is effective for the duration of your use of the Website. Grow reserves the right to prevent or limit your access to this Website at its sole discretion. The intellectual property, restrictions on use of Content, limitation on warranty, limitation on liability, and indemnity provisions contained herein shall survive the termination or expiration of this Agreement.
- Applicable Laws and Jurisdiction
Grow, this Website and the Content (excluding third party websites and their content) are physically located within the Province of British Columbia, Canada. This Agreement and your use of the Website will be governed by the laws of the Province of British Columbia and the federal laws of Canada applicable therein and shall be treated in all respects as a contract entered into and executed in the Province of British Columbia, without reference to conflict of laws principles.
Any dispute that may arise from your use of this Website is subject to the exclusive jurisdiction of the courts in the Province of British Columbia, judicial district of Vancouver. You agree to waive any right you may have to participate in any class action against Grow Group related to this Website, its Content or this Agreement and, where applicable, you also agree to opt out of any class proceedings against Grow Group.
- Disclaimer of Availability
The Website may list or refer to Grow and other third-party products, programs and services that are currently not available in your country. Any reference to such products in relation to a different jurisdiction does not obligate Grow Group to offer them in your country at any point.