Terms of Service
Grow World, Inc.
Section 1 — Accuracy, Completeness and Timeliness of Information
We are not responsible if information or Content made available on this Site is not accurate, complete or current. The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information.
Any reliance on the material on this Site is at your own risk. We reserve the right to modify the contents of this Site at any time, but we have no obligation to update any information on our Site.
Section 2 — Modifications to the Service
Grow World reserves discretionary authority to modify or discontinue services without advance notice, accepting no liability for such changes. Prices for our products are subject to change without notice.
Section 3 — Your Account with Grow World
To access certain features of the Services, you must register for an account. When you register, you must provide your full legal name (or legal entity name), business address, phone number, a valid email address, and any other information requested during the registration process.
You must be at least 21 years old or the age of majority in your jurisdiction, whichever is greater, to use our Services. You are responsible for keeping your password secure. Grow World cannot and will not be liable for any loss or damage from your failure to maintain the security of your account and password.
Section 4 — Grow World Rights and Responsibilities
GW does not pre-screen Materials and it is in our sole discretion to refuse or remove any Materials from any part of the Services. The platform reserves the right to request documentation confirming account ownership.
We reserve the right to provide our Services to your competitors and make no promise of exclusivity in any particular market segment. We also reserve the right to refuse service to anyone for any reason at any time.
Section 5 — Member Responsibilities
Members acknowledge that the Services are not a marketplace; contracts for goods and services occur directly between users. You are the seller of record for all items you sell through the Services. GW will not be the seller or merchant of record.
You are solely responsible for the goods or services that you may sell through the Services, including compliance with all applicable laws. This includes Federal Cannabis Law and any state or local regulations that may apply to your activities.
Section 6 — Errors, Inaccuracies and Omissions
Occasionally there may be information on our Site or in the Service that contains typographical errors, inaccuracies or omissions. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information if any information in the Service or on any related website is inaccurate at any time without prior notice.
Section 7 — Optional Tools
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations or conditions of any kind and without any endorsement.
We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Section 8 — Payment of Fees and Taxes
Members must maintain valid payment methods for applicable fees. If GW is unable to successfully process payment of Fees using an Authorized Payment Method within thirty (30) days of our initial attempt, we may suspend and revoke access to the Services.
All fees exclude governmental taxes, and members bear responsibility for determining and self-remitting applicable taxes. You are responsible for paying all fees and applicable taxes associated with your use of the Services in a timely manner.
Section 9 — Third-Party Links
Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this Site may direct you to third-party websites that are not affiliated with us.
We are not responsible for examining or evaluating the Content or accuracy of any third-party materials or websites. We do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
Section 10 — User Comments, Feedback and Other Submissions
If you send certain specific submissions or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, you grant to GW an unrestricted, irrevocable license to edit, copy, reproduce, publish, upload, post, transmit, distribute, publicly display, perform, modify, create derivative works from, and otherwise freely use, such comments without compensation.
Grow World acts as a technological intermediary under 47 U.S.C. § 230, accepting no liability for user-generated content. We take no responsibility and assume no liability for any content posted by you or any third party.
Section 11 — Personal Information
Your submission of personal information through the store is governed by our Privacy Policy, available at growworld.com/privacy-policy.
Content in Grow Journals may become available to third parties unless specifically opted out in your account settings.
Section 12 — Prohibited Uses
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Site or its content:
- For any unlawful purpose
- To solicit others to perform or participate in any unlawful acts
- To violate any international, federal, provincial or state regulations, rules, laws, or local ordinances
- To infringe upon or violate our intellectual property rights or the intellectual property rights of others
- To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate
- To submit false or misleading information
- To upload or transmit viruses or any other type of malicious code
- To collect or track the personal information of others
- To spam, phish, pharm, pretext, spider, crawl, or scrape
- To interfere with or circumvent the security features of the Service
- To attempt to circumvent the Site or its communications process by any means
We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
Section 13 — Disclaimer of Warranties; Limitation of Liability
We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you. You expressly agree that your use of, or inability to use, the Service is at your sole risk.
The Service and all products and services delivered to you through the Service are provided "as is" and "as available" for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Grow World, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind.
Our liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to the Site for the Service, but in no case will the Site's liability to you exceed $100.
Section 14 — Indemnification
You agree to indemnify, defend and hold harmless Grow World and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
Section 15 — Intellectual Property and Your Content
We do not claim ownership of the Content you provide to GW; however, we do require a license. You grant to GW a non-exclusive, transferable, sub-licensable, royalty-free, worldwide right and license to use, host, store, cache, reproduce, publish, display, distribute, modify, create derivative works from, and adapt any Content that you post, upload, or otherwise make available through the Services.
All trademarks, service marks, trade names, trade dress, product names and logos appearing on the Site are the property of their respective owners. You may not use any of our trademarks without our prior written permission.
Section 16 — Copyright Infringement
If you believe that any Content violates your copyright, please send a notice of claimed copyright infringement to team@growworld.com.
Your notice must include the information specified in 17 U.S.C. §512(c)(3), including:
- A physical or electronic signature of the copyright owner
- Identification of the copyrighted work claimed to have been infringed
- Identification of the material that is claimed to be infringing
- Your contact information
- A statement that you have a good faith belief that the use is not authorized
- A statement that the information in the notice is accurate
GW reserves the right to terminate any infringer, particularly repeat infringers, for any reason in its sole discretion.
Section 17 — Trademark Infringement
Similar notice procedures apply for trademark claims, with contact at team@growworld.com.
Section 18 — Acknowledgement of Law
You acknowledge that cannabis legislation varies by jurisdiction. Under Federal Cannabis Laws, the cultivation, harvesting, production, processing, marketing, distribution, sale, transfer, possession, and use of cannabis are illegal.
By using this Site, you acknowledge that you are aware of and accept the risks associated with participating in a cannabis-related industry, including the risk of federal prosecution.
Section 19 — Waiver of Illegality Defense
YOU EXPRESSLY WAIVE THE RIGHT TO PRESENT ANY DEFENSE RELATED TO THE FEDERAL ILLEGALITY OF CANNABIS and agree that such defense shall not be asserted in any proceeding arising out of or relating to these Terms of Service or your use of the Services.
Section 20 — Your Privacy
Your privacy is important to us. Please review our Privacy Policy, which governs the collection and use of personal information and is incorporated by reference into these Terms of Service.
Section 21 — Governing Law
These Terms of Service, and your use of the Site and the Service, shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions.
Section 22 — General
These Terms of Service and any policies or operating rules posted by us on this Site or in respect to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us.
We may update these Terms of Service from time to time with written notice. Your continued use of the Services following such notice indicates your acceptance of the updated terms. Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. If any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service.
Section 23 — Dispute Resolution; Binding Arbitration
READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM GW.
For any dispute with Grow World, you agree to first contact us at team@growworld.com and attempt to resolve the dispute with us informally for at least 60 days.
If we are not able to resolve any dispute after 60 days, either party may initiate binding arbitration as the sole means to resolve claims, subject to the terms set forth below. Any arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Consumer Arbitration Rules then in effect.
Any arbitration hearing will take place in Tucson, Arizona, unless we agree otherwise.
Opt-Out: New users may opt out of this arbitration agreement within thirty (30) days of accepting these Terms of Service by emailing team@growworld.com with the subject line "Arbitration Opt-Out."
Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction. Claims filed in small claims court are also exempt from this arbitration requirement.
Section 24 — Contact Information
Questions about the Terms of Service should be sent to us at team@growworld.com.
Section 25 — Trial Program Participants
If you participate in any trial program offered through the Services, you agree to the Trial & Content License Agreement available at growworld.com/trial-agreement.