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Terms and Conditions

Revision Date: October 25, 2017

 

 

Growmigo Terms and Conditions

 

Welcome, and thank you for using Growmigo.com. When you use our products and services, you're agreeing to our terms and conditions, which is a legally binding agreement.  Please take the time to read these terms of use carefully because they describe your rights and responsibilities:

We are an online platform and social network for gardeners and gardening professionals.  When you use our site and its services you are entering into a legal agreement and you agree to all of these terms including our Privacy Policy. You agree that by clicking “Join Now” or “Sign Up” or similar, registering, accessing or using our services you are entering into a legally binding agreement.  If you do not agree to this Agreement, do NOT click “Join Now” or “Sign Up” (or similar).  Registered users of our site and services are “Members” and unregistered users are “Visitors”. This Agreement applies to both.

Obligations:

  • You state and agree that you are eligible to enter into this Agreement and that you are at least our “Minimum Age”. “Minimum Age” means (a) 18 years old for the People's Republic of China, (b) 16 years old for the Netherlands, (c) 14 years old for the United States, Canada, Germany, Spain, Australia and South Korea, and (d) 13 years old for all other countries. However, if law requires that you must be older in order for Growmigo to lawfully provide the Services to you (including the collection, storage and use of your information) then the Minimum Age is such older age. The Services are not for use by anyone under the age of 13.
  • You agree to keep your password a secret and will not share it or will not share an account with anyone else. You agree that you will follow our rules and the law. Between you and others, your account belongs to you. You agree to try to choose a strong and secure password, keep your password secure and confidential, that you will not transfer any part of your and that you will follow rules and regulations of the site.  You are responsible for anything that happens through your account unless you close it or report misuse.
  • Growmigo reserves the right at any time, and without cost, charge or liability, to terminate this Agreement at its sole discretion for any reason, including, but not limited to, a failure to comply with the terms of this Agreement. In addition, Growmigo may, in its sole discretion, at any time, temporarily or permanently suspend access to your account, Subscription or Services for any violation or suspected violation of this Agreement. Growmigo also reserves the right to deny access to anyone, including, but not limited to those users who use proxy servers and/or IP addresses residing in certain geographical areas outside of Canada and the United States. Retyp reserves the right to terminate any portion of the Site at any time, for any reason, with or without notice.
  • You agree to let us use our website, mobile apps, and email to provide you with important notices. This Agreement applies to mobile applications as well. If the contact information you provided is not updated, there is a chance that you may miss out on the notices that we may send now and then. You agree that we may send notices to you in the following ways: (a) a banner notice or (b) an email sent to the email address you provided or (c) other means including mobile number, telephone, or mail.
  • When you share information, others can see, copy and use that information. Our site will allow sharing of information in many ways so keep in mind that information and content that you share or post may be seen by other Members or, if public, by Visitors. Where settings are available, we will honor the choices you make regarding content. We are not obligated to publish any information or content on our site and can remove it at our discretion without notice.

Fees:

  • You'll honor your payment obligations and you are okay with us storing your payment information. Also, there may be fees and taxes that are added to our prices. We don't guarantee refunds. If you purchase any of our paid Services, you agree to pay us the applicable fees and taxes. Failure to pay these fees may result in the termination of your subscription. Your purchase may be subject to foreign exchange fees or differences in prices based on location (e.g. exchange rates).  You authorize us to store and continue billing your payment method (e.g. credit card) even after it has expired. You must pay us for applicable fees and taxes unless you cancel payment, in which case you agree to still pay these fees through the end of the applicable subscription period.
  • You shall pay all fees specified in any subscription to Services or use of the Site (“Subscription”). We will charge you a periodic fee based on the Subscription you choose. Such fees shall be billed in advance for each period and are non-refundable. Except for refunds provided for cancellation of Subscriptions within the first fourteen (14) days, there will be no refunds or credits for partial months of service or for periods in which your Subscription remains active but you do not use the Services.
  • For our Seed Price Comparison Reports for Home Gardeners and Businesses there are no refunds.
  • We reserve the right to modify our billing rates at any time upon thirty (30) days written notice by posting such fee changes to the Services or on the Site.
  • At our discretion, we may offer free or discounted pricing for use of the Services (a “Trial Program”). Once the terms of any Trial Program have expired, you agree that our normal billing rates shall apply. You agree to comply with any additional terms, restrictions or limitations (including limitations on the total amount of usage) we impose in connection with any Trial Program. You may not sign-up for multiple Accounts in order to receive additional benefits under any Trial Programs.
  • If you wish to cancel your Subscription, you can do so by contacting us through our available contact options in the website or contact Support and they can assist you with the cancellation process. You will remain liable for all charges accrued on your account up to the time that you downgrade or cancel your Subscription, including full monthly fees for the month in which you cancelled, provided however that if you cancel your Subscription within the first fourteen (14) days of opening your Growmigo Account, you will receive a refund of your Subscription fee.
  • Upon cancellation of your Subscription, Growmigo is under no obligation to maintain or store your account information or Content. Growmigo may, at its option, either delete your information and Content immediately or retain it (in full or in part) in accordance with Growmigo processes and practices.

 

Your Rights and Limits

  • You own all of the content, feedback, and personal information you provide to us, but you also grant us a non-exclusive license to it. We'll honor the choices you make about who gets to see your information and content. You promise to provide information and content that you have the right to share. You own the content and information that you submit or post to the Site but you are granting Growmigo this non-exclusive right to a worldwide, transferable and licensable right to use, copy, modify, distribute, publish, and process, information and content that you provide through our site without any further consent, notice and/or compensation to you or others. You agree that we may access, store and use any information that you provide in accordance with the terms of the Privacy Policy and your privacy settings.
  • We may change or discontinue any of our Services. We may change, suspend or end any Service, or change and modify prices prospectively in our discretion. To the extent allowed under law, these changes may be effective upon notice provided to you. Growmigo has no obligation to store, maintain or provide you a copy of any content or information that you or others provide
  • When you see or use other people’s information posted on our site, it's at your own risk. You may encounter content or information that may be inaccurate, incomplete, misleading, illegal, offensive or otherwise harmful. Growmigo generally does not review content provided by our Members. You agree that we are not responsible for third parties' (including other Members') content or information or for any damages as result of your use of or reliance on it. You are responsible for deciding to use or access third party websites or apps that link from our site. Third party websites and apps and have their own legal information of terms and conditions and privacy policies and it’s your responsibility to read those terms and conditions in those sites.  Growmigo is not responsible for any of those third party sites, so please use them judiciously at your own risk.
  • We have the right to limit how you connect and interact on our site – notice about our intellectual property rights. Growmigo reserves the right to limit your use of the site, including your ability to contact other Members. Growmigo reserves the right to restrict, suspend, or terminate your account if it believes that you may be in breach of this Agreement or law or misusing the site. Growmigo reserves all of its intellectual property rights in the site.

Disclaimer and Limit of Liability

  • This is our disclaimer of legal liability for the quality, safety, or reliability of our site.

TO THE EXTENT ALLOWED UNDER LAW, GROWMIGO (AND THOSE THAT GROWMIGO WORK WITH TO PROVIDE THE SERVICE) (A) DISCLAIM ALL IMPLIED WARRANTIES AND REPRESENTATIONS (E.G. WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF DATA, AND NONINFRINGEMENT); (B) DO NOT GUARANTEE THAT THE SERVICES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS, AND (C) PROVIDE THE SERVICE (INCLUDING CONTENT AND INFORMATION) ON AN “AS IS” AND “AS AVAILABLE” BASIS.

SOME LAWS DO NOT ALLOW CERTAIN DISCLAIMERS, SO SOME OR ALL OF THESE DISCLAIMERS MAY NOT APPLY TO YOU.

  • These are the limits of legal liability we may have.TO THE EXTENT PERMITTED UNDER LAW (AND UNLESS GROWMIGO HAS ENTERED INTO A SEPARATE WRITTEN AGREEMENT THAT SUPERSEDES THIS AGREEMENT), GROWMIGO (AND THOSE THAT GROWMIGO WORKS WITH TO PROVIDE THE SERVICE) SHALL NOT BE LIABLE TO YOU OR OTHERS FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, OPPORTUNITIES, REPUTATION, PROFITS OR REVENUES, RELATED TO THE SERVICES (E.G. OFFENSIVE OR DEFAMATORY STATEMENTS, DOWN TIME OR LOSS, USE OR CHANGES TO YOUR INFORMATION OR CONTENT).

IN NO EVENT SHALL THE LIABILITY OF GROWMIGO (AND THOSE THAT GROWMIGO WORKS WITH TO PROVIDE THE SERVICES) EXCEED, IN THE AGGREGATE FOR ALL CLAIMS, AN AMOUNT THAT IS THE LESSER OF (A) 2 TIMES THE MOST RECENT MONTHLY OR YEARLY FEE THAT YOU PAID FOR A PREMIUM SERVICE, IF ANY, OR (B) US $200.

THIS LIMITATION OF LIABILITY IS PART OF THE BASIS OF THE BARGAIN BETWEEN YOU AND GROWMIGO AND SHALL APPLY TO ALL CLAIMS OF LIABILITY (E.G. WARRANTY, TORT, NEGLIGENCE, CONTRACT, LAW) AND EVEN IF GROWMIGO HAS BEEN TOLD OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF THESE REMEDIES FAIL THEIR ESSENTIAL PURPOSE.

SOME LAWS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, SO THESE LIMITS MAY NOT APPLY TO YOU.

Termination

We can each end this Agreement anytime we want.  Growmigo or you may terminate this Agreement at any time with notice to the other. On termination, you lose the right to access or use the Services. The following shall survive termination: (a) Our rights to use and disclose your feedback (b) Members' and/or Visitors' rights to use and share content and information you shared through the site (c) sections 4, 6 and 7 of this agreement (d) Any outstanding payments or invoices that are still owed after termination

Growmigo’s “DOs” and “DON’Ts.”

Our Do’s:

  • You must comply with all applicable laws
  • You must provide accurate information to the best of your ability
  • Use real information on the site including name and profile and also real growing information you provided on the site.
  • Be courteous and professional

Our Don'ts. You agree that you will not:

  • Act unprofessionally
  • Act dishonestly
  • Intentionally add content or information that is wrong or inaccurate
  • Create a false identity
  • Harass or abuse other persons
  • Send spam or unwelcomed communications to others
  • Scrape or copy information
  • Act in an unlawful, libelous, abusive, obscene, discriminatory or otherwise objectionable manner;
  • Disclose information that you do not have the right to disclose
  • Violate intellectual property rights of others, including patents, trademarks, trade secrets, copyrights or other proprietary rights
  • Violate the intellectual property or other rights of Growmigo
  • Post anything that contains software viruses, worms or harmful code
  • Copy or use the information, content or data of others available on the Services (except as expressly authorized);
  • Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Services or any related technology, or any part thereof.
  • Imply or state that you are affiliated with or endorsed by Growmigo without our express consent
  • Sell, sponsor, or otherwise monetize any feature of the Services, without Growmigo's consent
  • Collect, use, copy, or transfer any information obtained from Growmigo without its consent

General Terms

This Agreement and your use of the site and its services are governed by, construed and enforced in accordance with the internal substantive laws of the State of Massachusetts applicable to contracts made, executed and wholly performed in Massachusetts, and, for the purposes of any and all legal or equitable actions, you specifically agree and submit to the exclusive jurisdiction and venue of the State and Federal Courts situated in the State and County of Massachusetts and agree you will not object to such jurisdiction or venue on the grounds of lack of personal jurisdiction, forum or otherwise. To the extent it may be applicable, you agree to opt out from and expressly exclude any applicability of the Uniform Computer Information Transactions Act. IN ANY ACTION OR PROCEEDING COMMENCED TO ENFORCE ANY RIGHT OR OBLIGATION OF THE PARTIES UNDER THIS AGREEMENT, YOUR USE OF THE SERVICES OR WITH RESPECT TO THE SUBJECT MATTER HEREOF, YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY.

You agree that Growmigo may assign or delegate this Agreement, the Privacy Policy and any Additional Terms or Rules, in whole or in part, to any person or entity at any time without your consent.  You may not assign or delegate any rights or obligations under this Agreement, the Privacy Policy and any Additional Terms or Rules to any person or entity without Growmigo’s prior written consent, and any unauthorized assignment or delegation by you is void and ineffective.

The failure of Growmigo to require or enforce strict performance by you of any provision of this Agreement, the Privacy Policy or any Additional Terms or Rules, or failure to exercise any right thereunder, shall not be construed as a waiver of Growmigo’s right to assert or rely upon any such provision or right in that or any other instance.  The express waiver by Growmigo of any provision, condition or requirement of this Agreement, the Privacy Policy or any Additional Terms or Rules shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.  Except as set forth in this Agreement, no consents or waivers or other acts or omissions by Growmigo shall be deemed a modification of this Agreement, the Privacy Policy or any Additional Terms or Rules, nor be legally binding, unless documented in writing and signed by a duly authorized officer of Growmigo.

 

 

Important Copyrights & Disclaimer Information Regarding the Seed Price Comparison Report

Growmigo Disclaimer

While we have made every attempt to ensure that the information contained in the 2017/18 Growmigo Seed Price Comparison Report has been obtained from reliable sources, aggregated and analyzed properly, Growmigo LLC is not responsible for any errors or omissions, or for the results obtained from the use of this information. All information in this report is provided "as is", with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of this information, and without warranty of any kind, express or implied, including, but not limited to warranties of performance, merchantability and fitness for a particular purpose. Nothing herein shall to any extent substitute for the independent investigations and the sound technical and business judgment of the reader. In no event will Growmigo LLC or its partners, employees or agents, be liable to you or anyone else for any decision made or action taken in reliance on the information in this report or for any consequential, special or similar damages, even if advised of the possibility of such damages. All the featured suppliers in the report were randomly selected.

The information in this report is provided with the understanding that the authors and publishers are not herein engaged in rendering professional advice or services on the related subject matter.

Growmigo accepts no responsibility for any loss or damage occasioned by use of this report and the information contained in it.

Growmigo was not hired by or paid by any supplier examined in this report, and is an independent company, and has no stake or ownership in any of the suppliers examined in this report.

There are additional factors that may affect pricing which were not examined by Growmigo LLC in this report and are not factored into the price comparison analysis. The list below is an example and not a complete and exhaustive list:

  • Shipping costs
  • Additional discounts or coupons given
  • Pre-sale customer service
  • Post-sale customer service
  • Seed characteristics (ex. organic, hybrid, open pollinated, etc’)

There were instances where data was not found or not factored into our calculations for reason beyond our control or ability to enable us to perform analysis. The reasons below are a partial list and not an exhaustive list of some of those reasons:

  • Supplier provides seed amount in weights and not in number of units
  • Information on number of seeds in packet was not listed
  • Pricing information was missing because item was out of stock
  • Supplier does not sell item at all

Growmigo Copyright

The 2017/18 Seed Price Comparison Report and its content are subject to copyright under the laws of the United States and other countries. All data contained in these reports are copyright of Growmigo LLC, a US Limited Liability Corporation.