Terms & Conditions
Growterra Terms and Conditions
Welcome to Growterra’s website. Growterra provides website features and other products and services to you when you visit or shop at Growterra, use Growterra products or services, use Growterra applications for mobile, or use software provided by Growterra in connection with any of the foregoing (collectively, “Growterra Services”). Growterra provides the Growterra Services subject to the following conditions.
By using Growterra Services, you agree to these conditions. Please read them carefully.
We offer a wide range of Growterra Services, and sometimes additional terms may apply. When you use a Growterra Service (for example, Your Profile, Gift Cards, etc.) you also will be subject to the guidelines, terms and agreements applicable to that Growterra Service (“Service Terms”). If these Conditions of Use are inconsistent with the Service Terms, those Service Terms will control.
When you use Growterra Services, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other Growterra Services, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included in or made available through any Growterra Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of Growterra or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any Growterra Service is the exclusive property of Growterra and protected by U.S. and international copyright laws.
Click here to see a non-exhaustive list of Growterra trademarks. In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Growterra Service are trademarks or trade dress of Growterra in the U.S. and other countries. Growterra's trademarks and trade dress may not be used in connection with any product or service that is not Growterra's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Growterra. All other trademarks not owned by Growterra that appear in any Growterra Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Growterra.
LICENSE AND ACCESS
Subject to your compliance with these Terms and Conditions, Growterra or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Growterra Services. This license does not include any resale or commercial use of any Growterra Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Growterra Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Terms and Conditions are reserved and retained by Growterra or its licensors, rightsholders, or other content providers. No Growterra Service, nor any part of any Growterra Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Growterra. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Growterra without express written consent. You may not use any meta tags or any other "hidden text" utilizing Growterra's name or trademarks without the express written consent of Growterra. You may not misuse the Growterra Services. You may use the Growterra Services only as permitted by law. The licenses granted by Growterra terminate if you do not comply with these Terms and Conditions.
You need your own Growterra account to use certain Growterra Services. Don’t share your account password, don’t reuse your account password with other sites, and log out of your account and any Growterra Service that requires your password when you’re done. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. Growterra does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. Growterra reserves the right to refuse service, terminate accounts, terminate your rights to use Growterra Services, remove or edit content, or cancel orders in its sole discretion.
In addition to these Terms and Conditions, your ability to write reviews and the terms governing reviews are subject to the Growterra Community Rules.
INTELLECTUAL PROPERTY COMPLAINTS
Growterra respects the intellectual property rights of others. If you believe that an item in a Growterra Service violates your copyright, please follow our Notice and Procedure for Making Claims of Copyright Infringement.
RISK OF LOSS
All purchases of physical items from Growterra are made pursuant to shipment contracts. As a result, the risk of loss and title for items purchased from Growterra pass to you upon our delivery to the carrier.
Growterra attempts to be as accurate as possible. However, Growterra does not warrant that product descriptions or other content of any Growterra Service is accurate, complete, reliable, current, or error-free. If a product offered by Growterra itself is not as described, your sole remedy is to return it in unused condition.
"List Price" means the suggested retail price of a product as provided by a manufacturer, supplier, or seller. With respect to items sold by Growterra, we cannot confirm the price paid by other retailers, including offline retailers, for the same item. Offers good while supplies last. Prices and availability may vary by region. Unless otherwise noted, prices posted on the Site are quoted in U.S. dollars. Price and availability information is subject to change without notice.
The recipient of the goods and services is responsible for any taxes under applicable state or local law. To the extent permitted by applicable law, taxes may be charged at checkout and collected by third parties on behalf of the taxing authorities. Orders shipped outside of the state of North Carolina or the U.S. may have additional taxes or duties levied against them that we are unable to pre-collect or calculate. Although Growterra may display estimates of applicable taxes at checkout, the actual taxes charged may differ from the displayed estimates. The recipient is responsible for payment of all taxes.
RESERVATION OF RIGHTS
We reserve the right to limit quantities available for purchase and to reject, correct, cancel or terminate any order, or revoke any special status, including "Top Reviewer" status, at any time in our sole discretion even after you have received a confirmation or shipping notice from us. If we cancel your order after you have been charged, we will refund or credit back your account for the full amount of your order.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE GROWTERRA SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE GROWTERRA SERVICES ARE PROVIDED BY GROWTERRA ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. GROWTERRA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE GROWTERRA SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE GROWTERRA SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE GROWTERRA SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, GROWTERRA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. GROWTERRA DOES NOT WARRANT THAT THE GROWTERRA SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE GROWTERRA SERVICES, GROWTERRA’S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM GROWTERRA ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMITTED BY LAW, GROWTERRA WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY GROWTERRA SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY GROWTERRA SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
Any dispute or claim relating in any way to your use of any Growterra Service, or to any products or services sold or distributed by Growterra will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent Corporation Service Company, 300 Deschutes Way SW, Suite 208, Tumwater, WA 98501. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, Growterra will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
By using any Growterra Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of North Carolina, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Growterra.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, such as our pricing policy, posted on this site. These policies also govern your use of Growterra Services. We reserve the right to make changes to our site, policies, Service Terms, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
1300 South Blvd Suite D
Charlotte, NC 28203
HUMAN RIGHTS POLICY
Growterra maintains and supports a human rights policy that prohibits forced or child labor, human trafficking and slavery. Growterra complies with laws regarding the environment, fair chance hiring, working hours and minimum wages in the markets where we operate.
These Conditions of Use do not apply to business customers with separate agreements. Business customers may not purchase products through Growterra’s retail stores for resale. Growterra reserves the right to limit quantities sold to business customers. If your business has a separate agreement with Growterra governing your use of Growterra Services then that agreement, and not these Conditions of Use, governs your use of the Growterra Services.