Please read these terms and conditions carefully before accessing, using, or obtaining any materials, information, or products. By accessing the GrowOp websites, mobile or tablet application, or any other feature of the GrowOp platform (collectively the “Website”), you agree to be bound by these terms and conditions (the “Terms”). If you do not accept these Terms, then you may not use the Website. All orders and purchases made on the Website are also governed by these Terms.
We may modify these Terms, and any other agreement incorporated herein, for any reason and at any time by posting a new version on the Website. Modifications will be effective immediately upon such posting, regardless of notice. Said changes do not affect rights and obligations that arose prior to such changes. Your continued use of the Website following the posting of the modified Terms will be subject to the Terms in effect at the time of your use. Please review these Terms periodically for changes. If you object to any provision of these Terms or any modification hereto or in anyway become dissatisfied with the Website in any way, you acknowledge that your only recourse is to immediately terminate the use of the Website. Each time you use this Website will constitute and will be deemed your unconditional acceptance of the Terms and all other agreements incorporated herein.
In these Terms, the following words shall have the meanings ascribed:
· “Seller”, “Us”, and/or “We” are references to the owner of the Website, Grow Op, LLC (“GrowOp”) with a principal office address located at 702-2 Gary Lane Stateline, NV 89449.
· “Purchaser”, “You”, and “Your” are references to any party that purchases a product from GrowOp and/or uses the Website.
· “Product” shall mean the HarvestPro.
Legal Use and Age Restriction
You agree not to import or export the Product or use the Website in violation in any applicable laws or regulations of the United State of America. The Product is intended for legal use only and may not be used in a manner that is illegal. As the Purchaser and end user it is your responsibility to know your local and state laws before making your purchase. Any governmental employee, agency, or agent must identify themselves to GrowOp upon entering and/or using the Website, and when ordering the Product from the Website. [SH2]
You must be 21 years old to purchase the Product. By agreeing to these Terms, you represent and warrant to us that you are at least 21 years old. GrowOp reserves the right to request an image of the Purchaser’s photo identification for age verification purposes prior to shipping an order. No Reliance
You acknowledge that it is your responsibility to determine whether your use of the Product complies with local laws, regulations, and ordinances. GrowOp does not endorse the Product for any particular use. You may request information about the Product from GrowOp to assist you in determining whether the use of the Product meets the requirements of the laws of your jurisdiction, but GrowOp will not be liable for errors in that information, for your reliance on any information provided by GrowOp, or for any decision that you make with respect to the Product and/or use of the Product. You hereby represent to GrowOp that you will only use the Product in accordance with any applicable laws, rules, and regulations.
Nothing in these Terms or any information on this Website or provided to you by GrowOp is intended to be or constitutes legal advice. We strongly encourage you to consult with a legal professional to determine whether your intended use of the Product complies with the laws and regulations in your jurisdiction.
GrowOp is not liable to you in anyway whatsoever for (i) the actions of any governmental authorities; or (ii) your failure to comply with any local, state, and/or federal rules and regulations. You shall indemnify, defend, and hold GrowOp harmless against all claims, damages, or liability resulting from a breach of the foregoing.
All content included on the Website is and shall continue to be our property or the property of our suppliers and is protected under applicable copyright, patent, trademark, and other proprietary rights. Trademark, service marks, logos, designs, graphics, icons, scripts, trade names, service names, trade dress, and copyrighted work appearing on the Website or on the Product are GrowOp’s property or the property of the party that provided such intellectual property to GrowOp. You agree that all materials, products (including, but not limited to the Product), and services provided by us, including those provided on this Website, are the property of GrowOp, its affiliates, directors, officers, employees, agents, suppliers, or licensors including all copyrights, trade secrets, trademarks, patents, and other intellectual property. You acknowledge that we are not granting you any rights to patents, copyrights, trademarks, or other intellectual property rights other than the limited, non-exclusive and non-transferable license to use the Product and Website in compliance with these Terms and all other agreements incorporated herein. You also agree that you will not use in an authorized manner, modify, reverse engineer, decompile, disassemble, “unlock”, decode, create derivative works of, attempt in any manner to reconstruct or discover any source code or underlying algorithms of, rent, lease, distribute, sublicense, reproduce, or redistribute GrowOp’s intellectual property (or any intellectual property of third parties provided to GrowOp and used by GrowOp in the Website, Product, and other services provided by GrowOp) in any way, including electronic, digital, or new trademark registrations or assist anyone in performing such prohibited acts. You further agree that you will not remove any trademark, logo, copyright, or other proprietary notices, legends, symbols, or labels on, or embedded in the Product, Website, or other materials provided by GrowOp.
Non-GrowOp product, service, or company designations on the Website belong to those respective third parties and may be mentioned on the Website for identification purposes only. You should contact the appropriate third party for more complete information regarding such designations and their registration status.
If you would like to contact GrowOp about using or licensing our trademarks, service marks, or other intellectual property, you may contact us as email@example.com.
User Accounts and Orders
As a user of this Website and/or Purchaser of the Product, you may be asked to register with us and provide private information. You are responsible for ensuring the accuracy of this information, and you are responsible for maintaining the safety and security of your identifying information. You are also responsible for all activities that occur under your account or password.
When placing an order, you will be required to provide your payment details. You represent and warrant that you are the individual referred to in the payment details and that the information that you provide is accurate and valid. When you place an order online, the order confirmation does not constitute acceptance of your order by us. We reserve the right to check for any discrepancies. We will process an order once the information is verified by us. All orders are subject to acceptance and availability.
If you think there are any possible issues regarding the security of your account on the Website, inform us immediately at firstname.lastname@example.org we may address it accordingly.
We reserve all rights to terminate accounts, edit or remove content, and cancel orders in our sole discretion.
All prices and payments made and to be made hereunder are in U.S. dollars. The price of the Product is $999 (the “Purchase Price”) plus the costs of shipping and handling which shall be a flat rate of $99.
The Product is available for pre-order. To pre-order the Product, Purchaser shall be required to pay an initial payment of $99 using the payment method(s) specified by the Seller (the “Pre-order Payment”). The Pre-order Payment shall be credited towards the Purchase Price. Purchaser acknowledges that within 120 days from the date that the Pre-order Payment is remitted by Purchaser that the balance of the Purchase Price shall be due (the “Pre-order Period”). In the event that the Purchaser elects to cancel his or her pre-order of the Product, Seller shall credit back the Pre-Order Payment in full. Prior to the expiration of the Pre-Order Period, Seller shall contact Purchaser via email with instructions for remitting the remaining balance of the Purchase Price plus applicable sales taxes and shipping and handling costs. In the event that Purchaser fails to remit payment as specified therein, Seller shall have the right to cancel Purchaser’s order and retain the Pre-order Payment as damages.
Upon payment of the balance of the Purchase Price the Seller will provide Purchaser with an estimated delivery date, which will be within 120 days from the date that the Purchaser pays the balance of the Purchase Price.
The Purchaser must inspect the Product immediately upon delivery and contact the Seller as soon as reasonably possible if there are any problems or material defects with the Product. The Purchaser’s signature shall be required upon delivery. The Seller will not be liable for any loss, damages, or penalty resulting from delay in delivery of the Product when such delay is due to causes beyond the reasonable control of the Seller, including without limitation, supplier delay, force majeure, an act of God, labor unrest, or fire. In any such event, the delivery date will be deemed extended for a period equal to the delay.
Cancellation, Return, and Exchange
The Seller’s primary objective is ensuring that the Purchaser is fully satisfied with the Product. Purchaser shall have seven (7) days from the date of the receipt of the Product to request a full refund provided the Product is still in its original packaging (the “Cancellation Period”). If the Product has been opened and/or used, Purchaser shall have seven (7) days from the date of the receipt of the Product to request a full refund less a $100 restocking fee and a $100 cleaning fee, if applicable and as determined by Seller in its sole discretion. After the said seven (7) day period, Purchaser shall not be entitled to request a refund. Any defects with the Product, however, are subject to the provisions of Seller’s Limited Manufacturer’s Warranty.
In order to request a full refund, Purchaser must send an email to GrowOp support at email@example.com within the Cancellation Period to obtain a Merchandise Return number. Seller will provide Purchaser with a pre-paid shipping label and return address. Purchaser must return the Product to Seller, at Purchaser’s risk of loss, within seven (7) days from the date that the Merchandise Return number was issued to Purchaser.
The Website may contain links that allow access to other web pages not controlled by us. These links are provided for convenience only and are not endorsed by us. We assume no responsibility or liability for any material that may be contained on such web pages, nor do we make any representations regarding their quality or the quality of products or serviced contained within.
By visiting this Website and/or purchasing the Product, you agree that the laws of the State of Nevada[SH3] , without regard to principles of conflict laws, will govern these Terms and any dispute of any sort that might come between the you and GrowOp. You agree to be subject to personal jurisdiction in the state of Nevada for the purposes of enforcing the provisions of the Terms. You also agree that any dispute arising out of or relating to these Terms and any other dispute that may come between you and GrowOp must be litigated in the applicable state or federal court located in Douglas County, Nevada[SH4] , in the United States of America. YOU FURTHER AGREE, TO THE EXTENT PERMITTED BY APPLICABLE LAW, TO WAIVE ANY RIGHT TO TRIAL BY JURY WITH RESPECT TO ANY CLAIM, COUNTERCLAIM, OR ACTION ARISING FROM OR RELATING TO THE TERMS, WEBSITE, PRODUCT, AND ANY OTHER DEALINGS BETWEEN YOU AND GROWOP.
If any party herein commences any legal or equitable action or proceeding, including, without limitation, an action for declaratory relief or for any other form of relief to enforce, interpret, rescind, or in any other manner effect the provisions of the Terms, or for breach of the Terms, then the prevailing party shall be entitled to recover its reasonable attorneys’ fees, experts’ fees, and court costs (including, but not limited to attorneys’ fees and costs incurred in collecting on any judgment), which may be set by the court in the same action (including any appellate action which may be brought in connection with such action) or in any separate action brought for that purpose, in addition to any other relief to which the prevailing party may be entitled.
Indemnification by You
You agree to indemnify GrowOp and its affiliates, licensors, resellers, service providers, partners, employees, agents, officers, directors, and contractors and hold each of them harmless from and against liabilities, loss, claim, costs, damages, demands, and expenses (including settlement costs and reasonable attorneys’ fees) that may arise from or relate to your alleged or actual use or misuse of our services, the Website, and/or Product and any alleged or actual breach of applicable law or these Terms (including all policies, guidelines, rules, and other agreements incorporated herein). Your indemnification obligation includes the duty to indemnify Grow Op for all costs and expenses incurred with respect to such legal claims and demands, including but not limited to attorneys’ fees for counsel selected by GrowOp.
Indemnification by Us
We shall indemnify and defend, or at our option, settle any claim, suit, or proceeding brought against you based on an allegation that the Product or Website infringes upon any patent or copyright or violates any trademark or trade secret rights of any party (“IP Claims”), provided you promptly notify us in writing of any IP Claim and you provide all reasonable assistance to us with respect to such defense or settlement. We will have sole control over the defense or settlement of any IP Claim. Following notice of an IP Claim, we will, at our option, either procure for you the right to continue to use the Product and Website, replace or modify the Product and Website so that they become non-infringing, or terminate the Website and repurchase the Product from you at your original purchase price. [SH5] We shall have no liability or any obligation to you regarding any IP Claim (i) where such claim does not specifically state that the Product or Website is the basis for the IP Claim; (ii) where the IP Claim is based on any modification of the Product or Website by you or at your direction or your combination of the Product or Website with any non-Licensor programs, data, hardware, or other materials, if such IP Claim would have been avoided by the exclusive use of the Product and Website alone; (iii) which arises from your use of the Product or Website in the case that you did not pay for them; (iv) which arises from a modification of the Product or Website by anyone other than us; (v) which arises from your use of a version of the Website other than the then-current version if infringement would have been avoided by use of the then-current version; (vi) which you are required to indemnify us for; or (vii) arising from your content, software other than that which we have created, or your breach of the Terms or any other agreement incorporated into the Terms or related to the Product. THE FOREGOING STATES THE EXCLUSIVE REMEDY WITH RESPECT TO ANY IP CLAIM.
Limitation on Liability
GrowOp is not liable for any damages that may occur to you as a result of your misuse of our Website and/or Product.
Waiver of Class or Other Non-Individualized Relief
ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THE TERMS AND/OR YOUR USE OF THE WEBSITE OR PRODUCT MUST BE LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE. CLAIMS OF MORE THAN ONE PARTY CANNOT BE LITIGATED OR CONSOLIDATED WITH THOSE OF ANY OTHER PARTY.
No Competitor Use
GrowOp’s direct competitors are prohibited from accessing the Website or purchasing the Product, except with GrowOp’s prior written consent. In addition, the Website may not be accessed for purposes of monitoring its or the Products availability, performance, or functionality, or for any other benchmarking, or competitive purposes.
Assignment of Rights
You may not assign, delegate, or transfer your rights or obligations under these Terms. We may assign our rights and duties under these Terms without such assignment being considered a change to the Terms and without notice to you.
These Terms, together with those agreements made a part of these Terms by reference, make up the entire agreement between Purchaser and Seller relating to Purchaser’s use of the Website and/or Product, and replace any prior understandings or agreements (whether oral or written) regarding Purchaser’s use of the Website and/or Product.
When using the Website and/or the Product, you agree to be subject to any posted policies, guidelines, or rules applicable thereto. All such policies, guidelines, and rules are hereby incorporated by reference and include, but are not limited to, these Terms, any applicable order forms, the Limited Manufacturer’s Warranty[SH6] , and any documents provided to you separately by us for the Product or Website, including those containing product or program terms, ordering, activation, and payment terms. In the event of any irreconcilable conflict or inconsistency among the foregoing documents, the order of precedence shall be (1) the Order Form, (2) the Terms, (3) the Limited Warranty Agreement, and (4) the other policies, guidelines, and documents associated therewith.
In the event any provision of these Terms is found to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of any of the remaining provisions shall not be in any way affected or impaired.
These Terms will not be interpreted for or against any party, but in accordance with their plain meaning.
Copyrights and Copyright Agent
Infringement Complaints. GrowOp respects the intellectual property of others and requests that others do the same. If you believe your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated, please provide a notice containing all of the following information to our Copyright Agent:
(a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
(b) A description of the copyrighted work that you claim has been infringed;
(c) A description of where the material that you claim is infringing is located on the Website;
(d) Your address, telephone number, and e-mail address;
(e) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(f) A statement by you, made under penalty of perjury, that the above information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Our Copyright Agent for Notice of claims of copyright infringement on the Website is Matthew J. Smith who can be reached as follows:
By Mail: GrowOp, LLC
Attn: DMCA Compliance
1025 Thomas Jefferson Street, NW
Washington, DC 20007
By Phone: 202.570.7380
By E-mail: firstname.lastname@example.org
Counter-Notice. If you believe that your content that has been removed (or access to such content was disabled) was not infringing, or that you have authorization from the copyright owner, the copyright owner’s agent, or pursuant to law, to upload and use the content on the Website, you may send a written counter-notice containing the following information to our Copyright Agent:
(a) Your physical or electronic signature;
(b) Identification of the content that has been removed or to which access has been disabled, and the location at which the content appeared before it was removed or disabled;
(c) A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or misidentification of content; and
(d) Your name, address, telephone number, and email address, and a statement that you consent to the jurisdiction of the federal court located within Maricopa County, Arizona, and an additional statement that you will accept service form the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, GrowOp will send a copy of the counter-notice to the original complaining party informing that person that we may replace the removed content or cease disabling it within ten (10) business days. Unless the copyright owner files an action seeking a court order against the content provider or user, the removed content may be replaced or access to it restored ten (10) days or more after receipt of the counter-notice, at GrowOp’s sole discretion.
Repeat Infringer Policy. In accordance with the Digital Millennium Copyright Act of 1998 and other applicable law, GrowOp has adopted a policy of terminating, in appropriate circumstances and at GrowOp’s sole discretion, users who are deemed to be repeat infringers. GrowOp may also at its sole discretion limit access to the Website and/or terminate any agreement with any user who infringes any intellectual property rights of others, whether or not there is any repeat infringement.
Section headings provided in the Terms are for convenience only and shall not affect the construction of any provision of the Terms.
The failure of GrowOp to exercise or enforce any right or provision of the Terms shall not operate as a waiver of such right or provision. Any waiver of the Terms by GrowOp must be in writing and signed by an authorized representative of GrowOp.
GrowOp may at any time, with or without notice, terminate or suspend your access to the Website effective immediately. Additionally, GrowOp reserves the right at any time and from time to time, to modify or discontinue, temporarily or permanently, the Website and any service provided by the Website (or any part thereof) with or without notice. You agree that GrowOp will not be liable to you or any third party for any modification, suspension, or discontinuance of the Website or any service.
Nothing contained in these terms or your use of the Website or Product shall be construed to constitute either a partner, joint venturer, employee, or agent of the other party, nor shall either party hold itself out as such. Neither party has any right or authority to incur, assume, or create, in writing or otherwise, any warranty, liability, or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each remain responsible for its own actions.
Additional Contact Information
If you have any questions regarding the Terms or any other agreements incorporated into the Terms, please contact us at:
702 Gary Lane
Stateline, NV 89449
Last Updated: April 19, 2021
[SH1]Will you be offering an app through the apple or google? If so, there is some language we need to include.
[SH2]I’m not sure that this is actually enforceable.
[SH3]Assume you want Nevada, if another state let me know.
[SH4]Is this where you want to litigate?
[SH5]Can modify this if you’d like [SH6]I recommend providing clickable links.