Welcome to the GrowLife, Inc. (“GrowLife”), corporate website (the “Site”). This Site is intended to provide you with information about our company and subsidiary companies, including our horticulture and lifestyle products, press releases, investor information, and more.
These Terms of Use identify what users of the Site (“Users”) can expect from GrowLife and the Site, and what we expect from Users. Your use of our Site constitutes your unconditional agreement to follow and be bound by these Terms of Use. If you do not agree to these terms you are not authorized to access this Site. By visiting any area of the Site, Users are deemed to have accepted these Terms of Use. GrowLife reserves the right to update or modify these Terms of Use at any time without prior notice, effective immediately upon posting on the Site. Your use of the Site following any such change constitutes your unconditional agreement to follow and be bound by the Terms of Use as changed.
I. — USE OF THE SITE
All materials on this Site, including, all of the page headers, images, text, illustrations, formats, logos, designs, icons, photographs, programs, and video or audio clips (collectively, the “Content”), are intended solely for personal, non-commercial use. As a User of the Site, you may access, view, download, print or copy the Content and other materials displayed on the Site for your personal, non-commercial use only. The User agrees that it shall not:
- Modify, download, reproduce, copy, or resell the Site, the Content or any portion or derivative thereof;
- Commercially use the Site, the Content or any portion derivative thereof;
- Enable high volume, automated, electronic processes that apply to the Site or its systems, the Content or any portion or derivative thereof;
- Use any robot, spider, data miner, crawler, scraper or other automated means to access or index the Site or its systems, the Content or any portion or derivative thereof for any purpose;
- Interfere or attempt to interfere with the proper working of the Site;
- Bypass any GrowLife measures used to prevent or restrict access to any portion of the Site, the Content or any portion or derivative thereof;
- Frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of GrowLife;
- Use the GrowLife name, trademarks, services marks or logos in any meta tags or any other “hidden text” or
- Compile, repackage, disseminate or otherwise use data extracted from the Site.
The foregoing are expressly prohibited; the right to do any of the foregoing shall require GrowLife’s express written consent (which may include a written agreement signed by an authorized GrowLife representative). Any unauthorized use of the Site, the Content or any portion or derivative thereof shall terminate any license or permission granted by GrowLife.
II. TRADEMARKS
GrowLife or its subsidiaries, or affiliates, or third parties from whom GrowLife has permission, own the trademarks or service marks that are used on the Site. All rights are reserved. These and other graphics, logos, service marks, trademarks and trade dress of GrowLife and its licensors may not be used without prior written consent of GrowLife or its licensor, as the case may be. Without limiting the foregoing, no GrowLife trademark or trade dress may be used in connection with any product or service that is not GrowLife’s, in any manner that is likely to cause confusion among Users, or in any manner that disparages or discredits GrowLife.
III. TERMINATION OF USAGE
GrowLife may suspend or terminate any User’s access to all or any part of the Site without notice for any reason in GrowLife’s sole discretion, including without limitation GrowLife’s belief that such access would violate any applicable law or would be harmful to the interests of GrowLife or another User.
IV. PRIVACY POLICY
GrowLife respects the privacy of its Users. These Terms of Use include and hereby incorporate by reference GrowLife’s Privacy Policy.
V. INDEMNIFICATION
You agree to defend, indemnify and hold harmless GrowLife and its subsidiaries and affiliates and their respective employees, directors, officers, agents, vendors or suppliers from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the Site.
VI. DISCLAIMERS AND LIMITATION OF LIABILITY
THE SITE IS PROVIDED BY GROWLIFE ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, GROWLIFE DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
WITHOUT LIMITING THE FOREGOING, GROWLIFE MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: (I) AS TO THE OPERATION OF THE SITE, OR THE INFORMATION, CONTENT, OR MATERIALS INCLUDED ON THIS SITE; (II) THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; (III) AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION, CONTENT, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE SITE; OR (IV) THAT THE SITE, ITS SERVERS, OR E-MAIL SENT FROM OR ON BEHALF OF GROWLIFE ARE FREE OF VIR– USES OR OTHER HARMFUL COMPONENTS.
GROWLIFE DOES NOT GUARANTEE THE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE SITE OR ANY RELATED SERVICES. THE OPERATION OF THE SITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE THE CONTROL OF GROWLIFE.
UNDER NO CIRCUMSTANCES SHALL GROWLIFE , ITS SUBSIDIARIES AND AFFILIATES AND THEIR RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE — USE OF OR INABILITY TO — USE THE SITE, INCLUDING, BUT NOT LIMITED TO, RELIANCE BY A — USER ON ANY INFORMATION OBTAINED FROM THE SITE OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIR– USES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO GROWLIFE’S RECORDS, PROGRAMS, OR SERVICES.
NEITHER GROWLIFE NOR ANY OF ITS EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR OTHER DAMAGES, AS WELL AS DAMAGES FOR LOST PROFITS, BUSINESS INTERRUPTION OR THE LOSS OF DATA OR INFORMATION ARISING FROM THE — USE OF THE SITE EVEN IF AN AUTHORIZED REPRESENTATIVE OF GROWLIFE HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO A — USER, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO SUCH — USER, AND SUCH — USER MAY HAVE ADDITIONAL RIGHTS.
VII. SEVERABILITY; WAIVER
The provisions of these Terms of Use are intended to be severable. If for any reason any provision of these Terms of Use shall be held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction. The failure of GrowLife to act with respect to a breach of these Terms of Use by User or others does not constitute a waiver and shall not limit GrowLife’s rights with respect to such breach or any subsequent breaches.
VIII. APPLICABLE LAW; JURISDICTION
This site is created and controlled by GrowLife, Inc. in the State of California. As such, the laws of the State of California will govern these Terms of Use, without giving effect to any principles of conflicts of laws. User agrees to submit to the nonexclusive personal jurisdiction of the courts located within Los Angeles County, California, and waives any objection to the laying of venue of any litigation in said courts.
IX. DISPUTE RESOLUTION
Any controversy or claim arising out of or relating to these Terms of Use (including any breach thereof), or the Site shall be settled by confidential arbitration in Los Angeles, California, administered by the American Arbitration Association under its Commercial Arbitration Rules (including without limitation the Supplementary Procedures for Consumer-Related Disputes), and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated with any claim or controversy of any other party. The foregoing shall not preclude GrowLife from seeking any injunctive relief in State or Federal courts located in the State of California for protection of GrowLife’s or GrowLife licensor’s intellectual property rights, and you consent to exclusive jurisdiction and venue in such courts.
X. ACKNOWLEDGMENT
These Terms of Use represent the entire understanding between User and GrowLife regarding User’s relationship with GrowLife and supersedes any prior statements or representations. When using the Site, User agrees to be bound by these Terms of Use.
XI. MODIFICATION
GrowLife, Inc. reserves the right to make changes to the Site and these Terms of Use at any time without notice. These Terms of Use were last revised on September 15, 2015.
