Please read the following carefully. By using this Site you are deemed to have read and agreed to these Terms of Use (alternately, “Terms and Conditions”).
Site Purpose | Products | Services
GrowNotes.com is an informational site dedicated to indoor gardening and hobby growing. GrowNotes.com offers or may offer information, articles, directories, product reviews, polls or surveys, newsletters, promotions, and/or links to third-party sites. As provided by GrowNotes.com these offerings are collectively referred to as the “Services”. GrowNotes.com may alter, augment or terminate the Services in whole or in part at any time and from time to time in its sole discretion and reserves the right to modify, deny or suspend the Services at any time with or without notice to you.
Membership | Registration
Membership is not required in order to use the GrowNotes.com site. However, registration may be required in order to view or use some Services. These Services may include, but are not limited to, posting comments to the site, viewing restricted pages or directories, and participating in or being eligible to participate in certain Web site promotions.
Third-Party Links | Advertisements
GrowNotes.com is an advertiser-supported Web site. You may be able to click through to third parties’ Web sites (“Third Party Sites”) from GrowNotes.com or via our newsletter or email promotions, if offered. Advertisements may be served remotely and/or without prior review by GrowNotes.com. GrowNotes.com does not control and is not responsible for any Third-Party Sites, links, or advertisements including without limitation, the content, availability, advertising, products or other materials of such Third-Party Sites, or any additional links contained therein. These links do not imply GrowNotes.com‘s endorsement of or association with the Third Party Sites. Additionally, this Site may contain affiliate links to merchants or products whereby a commission is paid for sales referred. GrowNotes.com does not accept or receive free products in exchange for endorsements or reviews. Any recommendations, reviews or endorsements of products on this Site are the result of editors’ or writers’ direct experience with such products and are not influenced by any affiliate or advertiser relationships.
GrowNotes.com makes no representations or warranties with regard to any Third-Party Site. Your use of any Third Party Site is solely at your own risk. Any promotions or offers contained within Third-Party advertisements on GrowNotes.com or in the newsletter or email promotions are the property of and responsibility of those Third-Party advertisers.
Purchases made through Third-Party advertisers as presented on this Site are governed by the policies of those third parties. Any disputes with third-party advertisers must be settled directly with those parties. GrowNotes.com is not responsible for purchases made through third-party Web sites.
Site Content, Copyright
This Site contains information, trademarks, service marks, logos, copyrights and other content (“Site Content”) owned by GrowNotes.com and third parties and is protected by the United States Copyright Act of 1976, as amended, and the copyright laws of other countries. Certain materials are used with permission of their respective owners. Certain informational materials and representations have been provided by manufacturers or store merchants. You may not download (other than caching) or save a copy of the Site Content or any portion thereof, for any purpose, except that you may print a copy of individual screens appearing as part of the Site solely for your personal, non-commercial use or records, provided that any marks, logos or other legends that appear on the copied screens remain on and are not removed from the printed or stored images of such screens. Except as expressly permitted in these Terms of Use you may not modify, copy, publish, display, transmit, adapt or in any way exploit the Site Content, without the express prior permission of GrowNotes.com and related third parties. Any other modification of Site Content or use of Site Content for any other purpose is a violation of the rights of GrowNotes.com or third parties. If you believe that any content on the Site has been copied in a way that constitutes copyright infringement, please notify us by sending an email to grownotes < at > grownotes < dot > com.
No License Granted
Nothing herein shall be construed as conferring by implication, estoppel, or otherwise, any license or right under any copyright, patent, trademark or other proprietary interest of GrowNotes.com or third parties.
No Resale of Services
You agree to use the Services solely for your own personal purposes and not to use or exploit any portion of the Site or the Services for commercial purposes.
Disclaimer of Warranties
This Site is provided as is and as available without warranty of any kind, either express or implied. Without limitation of the foregoing, GrowNotes.com specifically disclaims any and all warranties including but not limited to (i) any warranties concerning the availability, accuracy, appropriateness, reliability, timeliness, usefulness or otherwise of the Site or Site Content; and (ii any warranties of title, warranty of non-infringement and warranties of merchantability or fitness for a particular purpose. GrowNotes.com makes no warranty that the Services will meet your requirements, or will be uninterrupted, timely, secure, current, accurate, complete or error-free or that the results that may be obtained by use of the Services will be accurate or reliable. The use of the Services is solely at your own risk. You understand and acknowledge that your sole and exclusive remedy with respect to any defect in or dissatisfaction with the Site or Services is to cease to use the Site or Services.
LIMITATION OF LIABILITY
IN NO EVENT WILL GrowNotes.com, ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, AFFILIATES, SUCCESSORS OR ASSIGNS, BE LIABLE TO ANY PARTY (i) FOR ANY EXEMPLARY, INDIRECT, DIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE), OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON OR INABILITY TO USE THE SITE, EVEN IF GrowNotes.com OR ITS REGISTERED AGENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE FORM OF ACTION, (ii) THE COST OF PROCUREMENT OF ANY SUBSTITUTE PRODUCTS AND/OR SERVICES RESULTING FROM ANY PRODUCTS, DATA, INFORMATION OR SERVICES OBTAINED OR WHICH YOU WERE UNABLE TO OBTAIN OR TRANSACTIONS EFFECTED OR FAILED TO BE EFFECTED, (iii) ANY LINK PROVIDED IN CONNECTION WITH THE SERVICES, OR (iv) ANY MATTER OTHERWISE RELATED TO YOUR USE OF THE SITE OR THE SERVICES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Indemnification
You agree to defend, indemnify and hold GrowNotes.com, its affiliates, owners, officers, directors and employees harmless from any and all claims, liabilities, settlements, costs and expenses relating thereto, including without limitation, reasonable legal and accounting fees, arising in any way from your use of the Site or the Services, any violation of these Terms of Use by you, or any User Content you post on or through the Site. GrowNotes.com shall provide notice to you promptly of such claim and shall reasonably cooperate with you, at your expense, in your defense of any such claim.
Applicable Laws, Jurisdiction
GrowNotes.com controls and operates this Site from our offices in the United States. GrowNotes.com does not represent that materials on the Site are appropriate or available for use in other locations. Persons who choose to access this Site from other locations do so on their own initiative, and are responsible for compliance with local laws. The laws of the state of New York, excluding its conflicts-of-law rules, shall govern these Terms of Use and your use of the Site. Any claim or dispute with GrowNotes.com or relating in any way to your use of the Site resides exclusively in the courts of the state of New York, and you agree and expressly consent to the exercise of personal jurisdiction in the courts of the state of New York in connection with any such dispute.
MISCELLANEOUS
These Terms of Use constitute the entire agreement between you and GrowNotes.com and govern your use of the Site and the Services. You also may be subject to additional terms and conditions that may apply when you use third party content or services. If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. The failure of GrowNotes.com to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or condition. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Services or these Terms of Use must be filed within one year after such claim or cause of action arose. The section titles of these Terms of Use are merely for convenience and will not have any effect on the substantive meaning of this Agreement.
Privacy Policy
GrowNotes.com encourages you to read our Privacy Policy, which is incorporated by this reference into these Terms of Use.
Changes to Terms of Use
GrowNotes.com may change these Terms of Use from time to time and at any time, with or without actual notice to you. All such changes to these Terms of Use will appear on this page of the Site. By using the Site following any modifications to these Terms of Use you agree to be bound by any such modifications to these Terms of Use.