TERMS OF SERVICE
Last updated: October 11, 2017
This website is operated by Can Do X, LLC doing business as growology also referred to as growology.com, and or Hometown Favorites, and or Reviews.growology.com. Throughout the site, the terms “we”, “us” and “our” refer to growology. We offer this website, and our Service(s) including all information, tools, and services available from us or this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.
By visiting our site and/or related social sites, and/or downloading, reviewing and/or purchasing any product, service, feature, information, tool or anything else from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site and or any of our services including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any time we add a new Service that service shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of any service we provide and or access to the website following the posting of any changes constitutes acceptance of those changes.
SECTION 1 – GENERAL CONDITIONS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence.
You may not use our Service for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of our Service(s), use of our Service(s), or access to the Service(s) or any contact on the website through which the service is provided, without express written permission by us.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 2 – ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
We are not responsible if information 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.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. 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. You agree that it is your responsibility to monitor changes to our site.
In cases where you elect to use our Service(s) which may involve but not be limited to website hosting, development of or management of a website, marketing materials, graphics, logos, promotions, comments, content, strategies or provide any other Service(s) that involves work we are doing per your request as evidenced by the signing of a Service Order and/or additional request, whether or not that Service Order specifically outlines a given Service(s) we may be providing, you agree you are ultimately and solely responsible for any and all liability associated directly in indirectly with those Service(s) provided.
SECTION 3 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our Services are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 4 – PRODUCTS OR SERVICES (if applicable)
Certain Services may be available exclusively online through the website(s) we operate. These products or services may have limited availability and are subject to return or exchange only according to our Refund Policy as noted herein.
We have made every effort to display as accurately as possible information regarding the Services we provide. We cannot guarantee that your computer monitor’s display of any color or details will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Service that we offer. All descriptions of Services and associated pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any Service at any time. Any offer for any Service we make on this site or elsewhere is void where prohibited.
We do not warrant that the quality of any Service, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 5 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel Services purchased per person, per household or per order. These restrictions may include Services ordered by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel a Service Order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
You agree to provide current, complete and accurate purchase and account information for all purchases made from us. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy herein.
SECTION 6 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we have no control nor input.
Although, we may with some Services provide “Best Effort” support of third-party tools, in all cases 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 any third-party tools.
Any use of third party tools offered in the course of our Services is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through our Services or the website(s) (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 7 – 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 and we do not warrant and will not have any liability or responsibility for any third-party products, services, information, materials or websites, or for any other products, information, materials or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, information or any other interactions or transactions made in connection with any third-party service or websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 8 – USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS
If, you share with us or send certain specific submissions (for example contest entries) or weather by way of a request from us or without a request from us you send creative ideas, suggestions, comments, proposals, plans, references or other materials, whether online, by email, by postal mail, verbally or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of our Service(s) or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You agree that in all cases where you have engaged us in a Service and in such Service, at your sole discretion, undertaken us to create, author, propose, respond, post, re-post, manage, curate, and or interact in any medium on your behalf that you are in all cases solely responsible for any such comments made on your behalf and their accuracy. We take no responsibility and assume no liability for any comments presented by you or any third-party or on your behalf.
SECTION 9 – REFUND POLICY
In cases where a refund is authorized, we will handle the refund transaction as soon as reasonably possible and within no more than two business days from the date of authorization. We reserve the right to issue a credit card reversal, PayPal account credit or company check for all refunds and in some cases, refunds may take seven to ten business days to arrive or be processed by third party agents such as PayPal or Credit Card agencies.
SECTION 10 – SUBSCRIPTION SERVICES
Some of our services involve a recurring monthly, yearly or other term subscription to gain access to such services. By use of such services you acknowledge and agree to allow us to charge your credit card, debit card, withdraw funds from your bank account via ACH or e-check and or by other means of payment provided for payment of such at the initiation of such services until such time you notify us in writing in accordance with the Termination terms section as outlined herein below of your request to terminate such services.
SECTION 11 – PERSONAL INFORMATION
SECTION 12 – ERRORS, INACCURACIES, AND OMISSIONS
Occasionally there may be information on our site or in the Service(s) or Service Order that contains typographical errors, inaccuracies or omissions that may relate to Service(s) descriptions, pricing, promotions, offers, products, solutions, delivery times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related documentation or website is inaccurate at any time without prior notice (including after you have submitted your order). In the event of a conflict regarding our Terms as may be noted in a Service Order the Terms as noted herein shall take precedence.
We undertake no obligation to update, amend or clarify information in our Service(s) or on any related documentation or website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related documentation or website should be taken to indicate that all information in our Service(s) or on any related website has been modified or updated.
SECTION 13 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using our Service(s), the website or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service(s) or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service(s) or any related website, other websites, or the Internet. We reserve the right to terminate your use of our Service(s) or any related website for violating any of the prohibited uses.
SECTION 14 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
Because of the nature of our services and reliance on third party technologies that are beyond our control we can not and do not guarantee, represent or warrant that your use of our Service(s) will be uninterrupted, timely, secure or error-free.
In spite of our best efforts, the results associated with many of our services involve third parties including but not limited to yourself and your employees and authorized representatives and therefore we can not reasonably and do not warrant that the results that may be obtained from the use of our service(s) will be accurate or reliable in producing a desired outcome.
In circumstances where we do indicate in writing a Customer Satisfaction Guarantee, such Satisfaction Guarantee is limited to the specific terms as noted where written and in all cases, our maximum liability is the lesser of either the terms as described in the Customer Satisfaction Guarantee or the preceding single cycle of paid fees, limited to no more than 30 days, including cases where more than one month of services have been paid for in advance, for the service(s) that are specifically associated with the Customer Satisfaction Guarantee. To make a Claim regarding a Satisfaction Guarantee such claim must be made within 7 days after the service has been delivered or the monthly service period has ended by way of email to firstname.lastname@example.org.
You agree that from time to time we may remove the Service(s) for indefinite periods of time or cancel the Service(s) at any time, without notice to you.
You expressly agree that your use of, or inability to use any of our Service(s) is at your sole risk. The Service(s) and all products and or Service(s) delivered to you or provided on your behalf through the Service(s) are (except as expressly stated by us) 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 growology.com, 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, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of our Service(s), website(s) or any procured products or services using our Service(s), or for any other claim related in any way to your use of our Service(s) or any product, including, but not limited to, any errors or omissions in any provided information or Service(s), or any loss or damage of any kind incurred as a result of the use of our Service(s) including but not limited to website hosting, development or distribution of or management of a website, marketing materials, graphics, logos, promotions, comments, content, strategies or any other provided Service(s) or otherwise made available via our Service(s), even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 15 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless growology.com 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 16 – SEVERABILITY
In the event that 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, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 17 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this Agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate using our Service(s) and these Terms of Service at any time by, notifying us in writing by emailing us at Support@growology.com that you no longer wish to use our Service(s) or if you are not currently using our Service(s) when you cease using our site. If you are using any of our services that involve monthly, annually or other term recurring billing, Subscription based services, you must notify us by emailing us at Support@growlogy.com and receive our confirmation email reply at least 10 days prior to your next billing date for us to be able to cancel your automatic payments. Should you fail to notify us by emailing us at Support@growology.com and receive a confirmation email reply at least 10 days prior to your next billing date anniversary we will not be liable for the resulting next period’s billing nor liable to make any refunds except at our own discretion. If you do not give us a minimum of 10 days notice you agree that we may, at our discretion, charge you a cancellation fee equal to one billing period’s regular fee not be less than $25.00.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we may at any time terminate this agreement with or without notice and may deny you access to our Service(s) (or any part thereof) and you will remain liable for all obligations noted in a signed Service Order and amounts due by you shall remain due, including, but not limited to, full term amounts due which are associated with any monthly or other recurring term period of Service(s) as outlined in a signed Service Order, describing such, until the conclusion of such term outlined in the Service Order.
SECTION 18 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or terms as outlined in a signed Service Order or posted by us on this site or with respect to our Service(s) constitutes the entire agreement and understanding between you and us and govern your use of our Service(s), superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 19 – GOVERNING LAW
These Terms of Service and any separate agreements such as a Service Order whereby we provide you Service(s) shall be governed by and construed in accordance with the laws of the county of, Port St. Lucie, and the state of Florida, United States.
SECTION 20 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or any of our Service(s) following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 21 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at email@example.com or may be mailed to 10380 SW Village Center Dr #330, Port St Lucie, FL 34987.