What personal information we collect and how we collect it
When you use our services or website, or otherwise contact us, we collect, process, manage and use a limited amount of Personal Information—in particular, your name, email address and other contact information that you provide. Your company, association or other group of which you may be a member may also provide this information to us. Information about a company or association rather than an individual is not Personal Information.
We also process, manage and use IP addresses, “cookies” data, and other usage and device data that is collected automatically when you access and use our website and services. This information may not identify an individual.
What other information may be linked to a customer
Some transactional information, such as the products purchased, prices, quantities sold and dates of sale, may be associated with our commercial customer or someone doing business with our commercial customer, who may be an individual.
The table below, prepared to comply with applicable state privacy laws, describes our collection sharing and use of Personal Information in greater detail.
|Personal Information Category||Whether Category is Collected and the Source of Collection||Retention Period||Business or Commercial Purpose for Sharing or Use||Whether This Category is Sold||Whether This Category is Shared for Cross-Context Behavioral Advertising and Categories of Third Party Recipients|
|A. Identifiers (including government-issued identifiers).|
Examples: A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol (IP) address, or email address.
|B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).|
Examples: A name, address, or telephone number.
|D. Commercial information.|
Examples: Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
|F. Internet or other similar network activity.|
Examples: Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement.
|G. Geolocation data. |
Examples: Physical location or movements.
How we use your personal information
We control, process and use your personal information –
- to provide our services to you and perform our contracts with you.
- to provide information about our services and activities, including marketing information, to you.
- to allow financial institution partners to offer and provide financing for product purchases to you.
- to allow manufacturers of certain products to offer and provide information about their products to you
- to allow manufactures of certain products to connect you with their authorized resellers, distributors, wholesalers, agents and the like
- to operate, tailor, maintain and improve our services, apps and website.
- to comply with legal and regulatory requirements.
- for other related lawful and legitimate interests.
Anonymized or aggregated data
We may send you materials about products and services that may be of interest to you. You may opt-out from receiving such marketing materials by sending an email to firstname.lastname@example.org with the reply line “Unsubscribe.” We offer newsletters that provide information about our products and services as well as sales advice to our clients and prospective clients. You may subscribe to our newsletters by https://growers.ag/elevate-newsletter/
Correcting or limiting the sharing of personal information
If you wish to correct your Personal Information with us, have us delete or anonymize your Personal Information, or limit our sharing of your Personal Information, please email us at email@example.com.
Who may receive your personal information
We control, process and use Personal Information internally, and we give some third parties access to such data to help us process the data and provide certain aspects of our services
We may transfer Personal Information in our possession to a new owner of our business or in connection with a corporate transaction, such as a merger, asset sale, joint venture, bankruptcy or other reorganization or dissolution, so long as the acquirer is legally bound to protect and use your Personal Information only under the terms of this policy and our contract with you. We also reserve the right to maintain, use or disclose Personal Information if required to do so by law, or in the good faith belief that such action is reasonably necessary to comply with legal process, respond to claims or protect the rights, property or safety of our company, employees, customers or the public. We will not transfer or sell your Personal Information except as described in this policy or with your consent.
How we protect your personal information
We use appropriate security safeguards to protect your Personal Information against loss or destruction and unauthorized access, use, disclosure, transfer, or alteration. In the event of a data breach, we will promptly take steps to mitigate the breach and if required will notify relevant organizations, individuals and/or authorities. You understand, however, that no data transmission over the internet or stored on a server can be guaranteed to be 100% secure, and we cannot guarantee or warrant the security of any data you disclose or transmit to us and cannot be responsible for the theft, loss, destruction or inadvertent disclosure of Personal Information.
Safety of minors and COPPA
Our Services are not intended for and may not be used by minors. “Minors” are individuals under the age of majority in their place of residence. This age varies by jurisdiction, but generally includes those under 16 years old. We do not knowingly collect Personal Information from minors or allow them to register as users. If it comes to our attention that we have collected Personal Information from a minor, we may delete this information without notice. If you have reason to believe that we may have any information for or about a child under the age of 16, please contact us at firstname.lastname@example.org.
Supplemental Notice to Data Subjects for Residents of Certain US States
Residents of certain states (including California) may have certain rights regarding your Personal Information under state law. This section describes privacy rights applicable to residents of certain states and explains how to exercise those rights. These rights apply only where applicable by law.
You have the right to request that we disclose certain information to you about our collection and use of your Personal Information over the past 12 months (the “right to know”). Once we receive your request and confirm your identity, we will disclose to you:
- The categories of Personal Information we collected about you.
- The categories of sources for the Personal Information we collected about you.
- Our business or commercial purpose for collecting or selling that Personal Information.
- The categories of third parties with whom we share that Personal Information.
- If we sold or disclosed your Personal Information for a business purpose, two separate lists disclosing:
- sales, identifying the Personal Information categories that each category of recipient purchased; and
- disclosures for a business purpose, identifying the Personal Information categories that each category of recipient obtained.
- The specific pieces of Personal Information we collected about you (also called a data portability request).
You have the right to request that we delete any of your Personal Information that we collected from you and retained, subject to certain exceptions (the “right to delete”). Once we receive your request and confirm your identity, we will review your request to see if an exception allowing us to retain the information applies. We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:
- Complete the transaction for which we collected the Personal Information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, or otherwise perform our contract with you.
- Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
- Debug products to identify and repair errors that impair existing intended functionality.
- Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
- Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).
- Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent.
- Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
- Comply with a legal obligation.
- Make other internal and lawful uses of that information that are compatible with the context in which you provided it.
We will delete or deidentify Personal Information not subject to one of these exceptions from our records and will direct our service providers to take similar action. If you choose to exercise these rights, we ask you to provide sufficient information, including the services you have used in the past, your state and country of residence, and contact information, in order for us to verify your identity and process your request. Depending on the types of requests, additional information may be requested. We will only use Personal Information provided in this context to verify the requestor’s identity or authority to make it.
You may use an authorized agent to submit a request on your behalf related to your Personal Information. If you choose to use an authorized agent, you should supply your agent with written permission to act on your behalf in relation to your request, and your agent must provide us with proof of such authorization before we process your request. To exercise a right related to your Personal Information, please contact us by email to email@example.com.
We will confirm receipt of your request within ten (10) business days. If you do not receive confirmation within the 10-day timeframe, please contact: firstname.lastname@example.org We endeavor to substantively respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to another 45 days), we will inform you of the reason and extension period in writing. If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option. Any disclosures we provide will only cover the 12-month period preceding our receipt of your request. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your Personal Information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance. We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.
We will not discriminate against you for exercising any of your state-specific privacy rights. Unless permitted by law, we will not:
- Deny you goods or services.
- Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
- Provide you a different level or quality of goods or services.
- Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.
However, we may offer you certain financial incentives permitted by applicable law that can result in different prices, rates, or quality levels. Any permitted financial incentive we offer will reasonably relate to your Personal Information’s value and contain written terms that describe the program’s material aspects. Participation in a financial incentive program requires your prior opt-in consent, which you may revoke at any time.
Browser Do Not Track Signals
At this point, our website does not respond to browser “do not track” or similar signals.
From time to time we may need to change some of the terms of this policy in order to conform with changes to legal requirements or our services. We reserve the right to make such changes at any time, subject to notice and posting of the new policy terms on our website. You may opt-out of any subsequent use of your Personal Information at any time.
How to contact us
You can contact us with requests, inquiries or complaints related to this policy at email@example.com.
Effective as of: April, 19th 2023
THESE TERMS REQUIRE THE USE OF ARBITRATION (SEE SECTION 10.2 BELOW) ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE. PLEASE REVIEW ALL OF THE TERMS CAREFULLY.
By accessing or using the Site, you are accepting these Terms, and you represent and warrant that you have the right, authority, and capacity to enter into these Terms.
IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THESE TERMS, DO NOT ACCESS AND/OR USE THE SITE.
1. Access To The Site
1.1 Access. Subject to these Terms, Company grants you non-transferable, non-exclusive, revocable, limited permission to use and access the Site solely for your own personal, noncommercial use. You are responsible for making all arrangements necessary for you to have access to the Site and ensuring that all persons who access the Site through your internet connection are aware of these Terms and comply with them.
1.3 Certain Restrictions. The permission granted to you in these Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site, whether in whole or in part, or any content displayed on the Site; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site; (c) you shall not access the Site in order to build a similar or competitive website, product, or service; and (d) except as expressly stated herein, no part of the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Unless otherwise indicated, any future release, update, or other addition to functionality of the Site shall be subject to these Terms. All copyright and other proprietary notices on the Site (or on any content displayed on the Site) must be retained on all copies thereof. The information presented on or through the Site is made available solely for general information purposes; and we do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents.
1.4 Modification. We reserve the right, at any time and in our sole discretion, to modify, suspend, or discontinue the Site (in whole or in part), with or without notice to you. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Site or any part thereof.
1.5 No Support or Maintenance. We have no obligation to provide you with any support or maintenance in connection with the Site.
1.6 Ownership. Excluding any User Content (defined below) that you may provide, you agree that the Site and its entire contents, features, and functionality (including all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. Neither these Terms (nor your access to the Site) transfers to you or to any third party any rights, title or interest in or to such intellectual property rights, except for the limited access rights expressly set forth in Section 1.1. Company and its suppliers reserve all rights not granted in these Terms. There are no implied licenses granted under these Terms.
2. User Content
2.1 User Content. “User Content” means any information and content that a user submits to, or uses with, the Site (e.g., content in the user’s profile or postings). You are solely responsible for your User Content, and you represent that you own or control your User Contributions and have the rights to submit User Contributions to the Site pursuant to these Terms. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that personally identifies you or any third party. You represent and warrant that your User Content does not violate our Acceptable Use Policy (defined in Section 2.3). You may not represent or imply to others that your User Content is in any way provided, sponsored or endorsed by Company. Because you alone are responsible for your User Content, you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy. We are not obligated to backup any User Content, and your User Content may be deleted at any time without prior notice. You are solely responsible for creating and maintaining your own backup copies of your User Content if you desire.
2.2 License. You hereby grant (and you represent and warrant that you have the right to grant) to Company an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Content, and to grant sublicenses of the foregoing rights, solely for the purposes of including your User Content in the Site. You hereby irrevocably waive (and agree to cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.
2.3 Acceptable Use Policy. The following terms constitute our “Acceptable Use Policy”:
- (a) You agree not to use the Site to collect, upload, transmit, display, or distribute any User Content (i) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable; (iii) that is harmful to minors in any way; or (iv) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.
- (b) In addition, you agree not to: (i) upload, transmit, or distribute to or through the Site any computer viruses, worms, or any software intended to damage or alter a computer system or data; (ii) send through the Site unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (iii) use the Site to harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Site, or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to the Site (or to other computer systems or networks connected to or used together with the Site), whether through password mining or any other means; (vi) harass or interfere with any other user’s use and enjoyment of the Site; or (vi) use software or automated agents or scripts to produce multiple accounts on the Site, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the Site (provided, however, that we conditionally grant to the operators of public search engines revocable permission to use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials, subject to the parameters set forth in our robots.txt file).
2.4 Enforcement. We may (but are not required to) review any User Content, and investigate and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of these Terms, or if you otherwise create liability for us or any other person. Such action may include removing or modifying your User Content, terminating your Account in accordance with Section 8, and/or reporting you to law enforcement authorities..
2.5 Feedback. If you provide us with any feedback or suggestions regarding the Site (“Feedback”), you hereby assign to us all rights in such Feedback and agree that we shall have the right to use and fully exploit such Feedback and related information in any manner we deem appropriate. We will treat any Feedback you provide to us as non-confidential and non-proprietary. You agree that you will not submit to us any information or ideas that you consider to be confidential or proprietary.
3.1 Account Creation. In order to use certain features of the Site, you must create login credentials and/or register for membership with us by starting an account (“Account”) and provide certain information about yourself as prompted by the account registration form. You represent and warrant that all required registration information you submit is truthful and accurate, and you agree to maintain the accuracy of such information. You may delete your Account at any time, for any reason, by following the instructions on the Site. Company may suspend or terminate your Account in accordance with Section 8.
3.2 Account Responsibilities. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify Company of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Site for any reconstruction of any lost data. Company cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
You agree to indemnify and hold Company (and its officers, employees, agents, and suppliers) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Site, (b) your violation of these Terms, (c) your violation of applicable laws or regulations or (d) your User Content. Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Company. Company will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
5. Products and Services Available Through the Site
5.2 Retailer Items.
- (a) Certain retailers and other businesses (collectively, “Retailers”) other than the Company may offer and sell goods and/or services through the Site. If you purchase products or services offered by Retailers (“Retailer Items”), the Retailer is the “retailer of record” and you are purchasing directly from the Retailer and not from Company. We are not responsible for (i) inspecting, evaluating or recommending any Retailer Items, (ii) specifications, ingredients, or performance claims with respect to Retailer Items, (iii) collection or payment of sale and use tax or other taxes and similar charges, (iv) order acceptance, fulfillment, shipping, pricing, payment processing, returns, and other terms and conditions of sale of any Retailer Items, and (v) service or support for any Retailer Items.
- (b) As indicated in Section 7 below, we do not warrant any Retailer Items and we do not assume any responsibility or liability for the actions, products, services, performance, descriptions and content of any Retailer Items or the Retailers that make, sell, or provide them. You should review the terms and conditions applicable to Retailer Items as provided by the applicable Retailer so that you are familiar with them, including any limitations on your rights imposed by that Retailer.
- (c) We may receive a commission or other revenue share from Retailers for sales of Retailer Items. You agree that we may, at any time and in our sole discretion, and without any notice to you, suspend, disable access to or remove any Retailer Items. Company is not liable for any such suspension, disabling or removal and any loss, expense or disruption you may incur or otherwise experience as a result.
6. Third-Party Links & Ads; Other Users
6.1 Third-Party Links & Ads. The Site may contain links to third-party websites and services, and/or display advertisements for third parties (collectively, “Third-Party Links & Ads”). Such Third-Party Links & Ads are not under our control, and we are not responsible for any Third-Party Links & Ads. We provide access to these Third-Party Links & Ads only as a convenience to you, and we do not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links & Ads. You use all Third-Party Links & Ads at your own risk, and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Links & Ads, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third-Party Links & Ads.
6.2 Other Users. Each Site user is solely responsible for any and all of its own User Content. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content, whether provided by you or by others. We make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content. Your interactions with other Site users are solely between you and such users. You agree that Company will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Site user, we are under no obligation to become involved.
7. Warranty Disclaimer and Liability Limitation
THE SITE, AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE THROUGH THE SITE, OUR SOFTWARE-AS-A-SERVICE PLATFORMS, OR OUR OTHER SERVICES, ARE PROVIDED BY COMPANY ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT THE SITE, AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS, SOFTWARE-AS-A-SERVICE PLATFORMS, AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE THROUGH THE SITE, OUR PLATFORMS, OR OUR OTHER SERVICES, WILL ACHIEVE ANY PARTICULAR RESULT, WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. SUCH OTHER SERVICES MAY INCLUDE DATA MANAGEMENT, CONSULTING, REPORTING, AND TRAINING. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SITE OR ANY OF OUR SERVICES, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO THIRTY (30) DAYS FROM THE DATE OF YOUR FIRST USE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST OPPORTUNITIES, LOST PROFITS, LOST DATA, COSTS TO PROCURE SUBSTITUTE SERVICES, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SITE, AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND SERVICES (INCLUDING RETAILER ITEMS) INCLUDED ON OR OTHERWISE MADE AVAILABLE THROUGH THE SITE OR OUR OTHER SERVICES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SITE, AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND SERVICES (INCLUDING RETAILER ITEMS) INCLUDED ON OR OTHERWISE MADE AVAILABLE THROUGH THE SITE OR OUR OTHER SERVICES IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS RESULTING THEREFROM.
WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THESE TERMS (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF FIFTY US DOLLARS (U.S. $50). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THESE TERMS.
ALL RETAILER ITEMS ARE PROVIDED “AS IS” AND COMPANY MAKES NO REPRESENTATION, WARRANTY OR CONDITION WHATSOEVER, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT CONCERNING RETAILER ITEMS. ANY REPRESENTATION OR WARRANTY ABOUT OR CONCERNING ANY RETAILER ITEMS IS STRICTLY BETWEEN YOU AND THE RETAILER THAT SELLS YOU THE RETAILER ITEMS. COMPANY ASSUMES NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE, LIABILITY OR EXPENSE RELATED TO THE PURCHASE OR USE OF RETAILER ITEMS (INCLUDING, WITHOUT LIMITATION, CROP LOSS, RUNOFF, VIOLATION OF LAW, PROPERTY DAMAGE, AND BODILY INJURY).
THE FOREGOING DOES NOT AFFECT ANY WARRANTY OR LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
8. Term and Termination
These Terms (as amended from time to time) will remain in full force and effect while you use the Site. We may suspend or terminate your rights to use the Site (including your Account) at any time for any reason at our sole discretion, including for any use of the Site in violation of these Terms. Upon termination of your rights under these Terms, your Account and right to access and use the Site will terminate immediately. You understand that any termination of your Account may involve deletion of your User Content associated with your Account from our live databases. Company will not have any liability whatsoever to you for any termination of your rights under these Terms, including for termination of your Account or deletion of your User Content. Even after your rights under these Terms are terminated, provisions of these Terms that by their nature extend beyond termination will remain in effect.
9. Copyright Policy
We respect the intellectual property of others and ask that users of our Site do the same. In connection with our Site, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of our online Site who are repeat infringers of intellectual property rights, including copyrights. If you believe that one of our users is, through the use of our Site, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our designated Copyright Agent:
- your physical or electronic signature;
- identification of the copyrighted work(s) that you claim to have been infringed;
- identification of the material on our services that you claim is infringing and that you request us to remove;
- sufficient information to permit us to locate such material;
- your address, telephone number, and e-mail address;
- a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
- a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.
Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (i.e., a statement of fact, or failure to provide complete information, that is false or misleading and intended to deceive) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.
The designated Copyright Agent for Company is:
Designated Agent: Steven Valencsin
Address of Agent: 312 Blackwell Street, Suite 101, Durham, NC 27701
10.2 Arbitration and Dispute Resolution.
- Arbitration. Please read the provisions of this Section on Arbitration and Dispute Resolution (“Arbitration Agreement”) carefully. It is part of your contract with Company and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND (EXCEPT IN THE LIMITED INSTANCES EXPRESSLY SET FORTH BELOW) SHALL NOT HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY.
- (b) Applicability of Arbitration Agreement. All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with the Terms (including access to or use of any element of the Site) that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. Unless otherwise agreed to, all arbitration proceedings shall be held in English. This Arbitration Agreement applies to you and the Company, and to your subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as your authorized or unauthorized users or beneficiaries of the Site.
- (c) Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief. A Notice to the Company should be sent to: Legal@growers.ag. After the Notice is received, you and the Company will attempt to resolve the claim or dispute informally. If the claim or dispute is not resolved within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator.
- (d) Arbitration Rules. Arbitration shall be initiated through and conducted by the American Arbitration Association (“AAA”). If AAA is not available to arbitrate, the parties shall agree to select a different alternative dispute resolution services provider. Except to the extent such rules are in conflict with the Terms, the AAA Consumer Arbitration Rules (“Arbitration Rules”) shall govern the arbitration (or the most comparable rules of the different alternative dispute resolution services provider) and are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration shall be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than US $10,000.00 may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is US $10,000.00 or more, the right to a hearing will be determined by the Arbitration Rules. Any hearing will be held in a location within 100 miles of your residence, unless you reside outside of the United States, and unless the parties agree otherwise. If you reside outside of the U.S., the arbitrator shall give the parties reasonable notice of the date, time and place of any oral hearings. Any judgment on the award rendered by the arbitrator is final and binding and may be entered in any court of competent jurisdiction. Each party shall bear its own costs (including attorney’s fees) and disbursements arising out of the arbitration and shall pay an equal share of the fees and costs of the AAA.
- (e) Time Limits. Any arbitration must be initiated and/or demanded within twelve (12) months after event or occurrence giving rise to the claim or dispute. Any claim or dispute first asserted after such 12-month period will be deemed barred and waived, the parties agreeing that such time period is a bargained for contractual shortening of any applicable statute of limitations.
- (f) Waiver of Class or Consolidated Actions. The arbitrator will decide the rights and liabilities, if any, of only you and the Company, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.
- (g) Confidentiality. Except as required to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief, including public injunctive relief, All aspects of the arbitration proceeding, including the award of the arbitrator and compliance therewith, shall be strictly confidential.
- (h) Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with Company.
- (i) Emergency Equitable Relief. Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.
- (j) Claims Not Subject to Arbitration. Notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark, trade secrets or other intellectual property rights, shall not be subject to this Arbitration Agreement. Also, either you or the Company may bring an individual action in any small claims court that has jurisdiction.(k) Governing Law. All matters relating to the Site and these Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Missouri and applicable United States federal law (including the Federal Arbitration Act), without giving effect to any choice or conflict of law provision or rule that would result in the law of any other jurisdiction governing.
10.3 Courts; Waiver of Jury Trial. In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal and exclusive jurisdiction of the courts located within St. Louis, Missouri, United States, for such purpose. You waive objections to the exercise of jurisdiction over you by such courts, and any objections based on inconvenient forum or venue in such courts. YOU AND THE COMPANY EACH HEREBY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN ANY LEGAL PROCEEDING DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THESE TERMS.
10.4 Governing Law. All matters relating to the Site and these Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Missouri and applicable United States federal law (including the Federal Arbitration Act), without giving effect to any choice or conflict of law provision or rule that would result in the law of any other jurisdiction governing.
10.5 Geographic Restrictions. The owner of this Site is based in the United States of America. We make no claims that the Site or any of its content is accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws. The Site may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, reexport, or transfer, directly or indirectly, any technical data acquired from Company, or any products utilizing such data, in violation of such export laws or regulations.
10.6 Disclosures. Company is located at the address in Section 10.10. If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Product of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
10.7 Electronic Communications. The communications between you and Company use electronic means, whether you use the Site or send us emails, or whether Company posts notices on the Site or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Company in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Company provides to you electronically satisfy any legal requirement that such communications would satisfy if it were be in a hardcopy writing. The foregoing does not affect your non-waivable rights.
10.9 Copyright/Trademark Information. Copyright © 2023 Growers Holdings, Inc All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the Site 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 that may own the Marks.
10.10 Contact Information:
Growers Holdings Inc
312 Blackwell St, Suite101
Durham, NC 27701