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Terms and Conditions for use of the Royal-Grow website

Royal-Grow

recognizes that respecting user privacy over the Internet is of utmost importance. This privacy statement is designed to provide information about the privacy and data collection practices for the site: http://www.royal-grow.com. The Site is operated by Royal-Grow Products, LLC

If you have questions or concerns regarding this statement, you should first contact our site coordinator at info@royal-grow.com or by postal mail to:

  • Royal-Grow Products, LLC
  • PO BOX 52099
  • Tulsa, OK
  • 74152

 

Effective: May 1, 2012

By using our online Web Site (the "Web Site"), you warrant and represent to the website owner that you are legally entitled to do so and are agreeing to comply with and be bound by the following terms of use. Please review the following terms carefully. If you do not agree to these terms, you should not use the Web Site. The terms " "Royal-Grow," "us," or "our" refers to Royal-Grow, LLC. The term "you" refers to the user or viewer of our Web Site.

1. Acceptance of Agreement.

You agree to the terms and conditions outlined in this Terms of Use Agreement ("Agreement") with respect to our Web Site. This Agreement constitutes the entire and only agreement between Royal-Grow and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Web Site, the content, products or information provided by or through the Web Site, and the subject matter of this Agreement. This Agreement may be amended at any time by Royal-Grow without specific notice to you. The latest Agreement will be posted on the Web Site, and you should review this Agreement prior to using the Web Site.

2. Copyright.

The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Web Site are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Web Site, except as allowed by Section 4 below, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Web Site. The posting of information or materials on the Web Site does not constitute a waiver of any right in such information and materials. Some of the content on the site is the copyrighted work of third parties.

3. Trademarks and Web Site Marks.

Royal-Grow is a registered trademark of Royal-Grow, LLC. The Royal-Grow logo and Royal-Grow.com are trademarks or is a registered trademark of Royal-Grow, LLC. The Royal-Grow logo and Royal-Grow.com are trademarks or Web Site marks of Royal-Grow, LLC. The Royal-Grow Web site, including but not limited to its graphics, logos, page headers, button icons, scripts and Web Site names constitute trade dress of Royal-Grow, LLC. Nothing contained on this website should be construed as granting any license or right to use any trademark without the prior written permission of the website owner and may not be used in connection with any product or Web Site that is not affiliated with Royal-Grow, in any manner that is likely to cause confusion among customers, in any manner that dilutes the rights of Royal-Grow, or in any manner that disparages or discredits Royal-Grow. Other trademarks that appear on the Royal-Grow Web site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Royal-Grow. Any images of persons or personalities contained on the Royal-Grow Web site are not an indication or endorsement of Royal-Grow or any particular product or our Web Site unless otherwise indicated.

4. Access to the Web Site

Royal-Grow is an online Web Site providing consumers with information relating to its products as well as access to information relating to a variety of articles and content relating to matters of related and/or pertinent interest.

You are granted permission (a) to access and use the Web Site strictly in accordance with this Agreement; (b) to use the Web Site solely for internal, non-commercial purposes; and (c) to print out discrete information from the Web Site solely for internal, non-commercial purposes and provided that you maintain all copyright and other policies contained therein.

Restrictions: Your license for access and use of the Web Site and any information, materials or documents (collectively defined as "Content and Materials") therein are subject to the following restrictions and prohibitions on use: You may not (a) copy, print, republish, display, distribute, transmit, sell, rent, lease, loan or otherwise make available in any form or by any means all or any portion of the Web Site or any Content and Materials retrieved from it; (b) use the Web Site or any materials obtained from the Web Site to develop, of as a component of, any information, storage and retrieval system, database, information base, or similar resource (in any media now existing or hereafter developed), that is offered for commercial distribution of any kind, including through sale, license, lease, rental, subscription, or any other commercial distribution mechanism; (c) create compilations or derivative works of any Content and Materials from the Web Site except as permitted in this Section 4; (d) use any Content and Materials from the Web Site in any manner that may infringe any copyright, intellectual property right, proprietary right, or property right of Royal-Grow or any third parties; (e) remove, change or obscure any copyright notice or other proprietary notice or terms of use contained in the Web Site; (f) make any portion of the Web Site available through any timesharing system, Web Site bureau, the Internet or any other technology now existing or developed in the future; (g) remove, decompile, disassemble or reverse engineer any Web Site software or use any network monitoring or discovery software to determine the Web Site architecture; (h) use any automatic or manual process to harvest information from the Web Site; (i) use the Web Site for the purpose of gathering information for or transmitting (1) unsolicited commercial email; (2) email that makes use of headers, invalid or nonexistent domain names, or other means of deceptive addressing; and (3) unsolicited telephone calls or facsimile transmissions; (j) use the Web Site in a manner that violates any state or federal law regulating email, facsimile transmissions or telephone solicitations; and (k) export or re-export the Web Site or any portion thereof, or any software available on or through the Web Site, in violation of the export control laws or regulations of the United States.

5. Privacy

Any information submitted on the Royal-Grow Web site is subject to our Privacy Policy, the terms of which are incorporated herein. Please review our Privacy Policy to understand our practices. The date of any changes to our Privacy Policy will be noted at the bottom of our Privacy Policy.

6. Account Access; Identity Protection

In order to provide you with ease of access to your account, Royal-Grow will place a cookie (a small text file) on any computer from which you access the Royal-Grow Web site. When you revisit the Royal-Grow web site, this cookie will enable us to recognize you as the account holder and provide you with direct access to your account without requiring you to retype any password or other user identification. You are responsible for updating and maintaining the truth and accuracy of the information you provide to us relating to your account. You are also responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or mobile device. If you disclose your password to anyone or share your account with other people, you take full responsibility for their actions. Users of public or shared computers or unprotected mobile devices should log out at the completion of each visit to the Royal-Grow Web site.

If you find that you're a victim of identity theft and it involves a Royal-Grow account, you should notify customer Web Site. Then, you should report this instance to all your credit card issuers, as well as your local law enforcement agency. Royal-Grow reserves the right to place any account on hold anytime with or without notification to the subscriber in order to protect itself and its partners from what it believes to be fraudulent activity. Royal-Grow is not obligated to credit or discount a membership for holds placed on the account by either a representative of Royal-Grow or by the automated processes of Royal-Grow.

7. RSS Feeds

We offer RSS feeds as a convenient way to pass information about your Royal-Grow account or that is publicly available on the Royal-Grow site to your RSS reader or an RSS-associated website of your choice. RSS stands for Really Simple Syndication. It allows information to be published in a standard XML format that can be accessed via a URL. By using the Royal-Grow RSS feeds you acknowledge and agree to the following: (i) if you use the personalized RSS feeds relating to your own Royal-Grow account, you are consenting to the information about your account being transferred to the location of the RSS feed as enabled by you; (ii) while Royal-Grow will not pass personally identifying information in the feed, your use may cause such information to be associated with you (it is your responsibility to handle the feed and your personal information associated with it as you deem appropriate); (iii) you shall not modify the feeds in any way, including the associated attribution to Royal-Grow; (iv) use of the Royal-Grow RSS feeds is for your personal, non-commercial use and is at your own option and risk. Royal-Grow makes no representation or warranty regarding its RSS feeds and reserves the right to modify or terminate the feeds at any time without notice.

8. Registration.

Certain sections of, or offerings from, the Web Site may require you to register. If registration is requested, you agree to provide Royal-Grow with accurate, complete registration information. Your registration must be done using your real name and accurate information. Each registration is for your personal use only. We do not permit (a) any other person using the registered sections under your name; or (b) access through a single name being made available to multiple users on a network. You are responsible for preventing such unauthorized use.

9. Third Party Content.

Third party content may appear on the Web Site or may be accessible via links from the Web Site. We are not responsible for and assume no liability for any mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content on the Web Site. You understand that the information and opinions in the third party content represent solely the thoughts of the author and is neither endorsed by nor does it necessarily reflect our belief.

10. Unlawful Activity.

We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information.

11. Indemnification.

You agree to indemnify, defend and hold Royal-Grow and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, attorneys, advertisers, product and Web Site providers, and affiliates (collectively, "Affiliated Parties") harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to your violation of this Agreement or use of the Web Site.

12. Nontransferable.

Your right to use the Web Site is not transferable or assignable. Any password or right given to you to obtain information or documents is not transferable or assignable.

13. Disclaimer.

THE INFORMATION, CONTENT AND DOCUMENTS FROM OR THROUGH THE SITE ARE PROVIDED "AS-IS," "AS AVAILABLE," WITH "ALL FAULTS", AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND WEB SITES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR WEB SITE. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN ROYAL-GROW AND YOU. THIS SITE AND THE PRODUCTS, WEB SITES, DOCUMENTS AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ROYAL-GROW THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMED.

14. Limitation of Liability

a. We and any Affiliated Party shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (a) any errors in or omissions from the Web Site or any Web Sites or products obtainable therefrom, (b) the unavailability or interruption of the Web Site or any features thereof, (c) your use of the Web Site, (d) the content contained on the Web Site, or (e) any delay or failure in performance beyond the control of a Covered Party.

b. THE AGGREGATE LIABILITY OF ROYAL-GROW AND THE AFFILIATED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE SITE AND/OR THE PRODUCTS, INFORMATION, DOCUMENTS AND WEB SITES PROVIDED HEREIN OR HEREBY SHALL NOT EXCEED THE AMOUNT OF YOUR ACTUAL DIRECT DAMAGES AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST ROYAL-GROW AND ANY AFFILIATED PARTY.

15. Use of Information.

We reserve the right, and you authorize Royal-Grow, to the use and assignment of all information regarding Web Site uses by you and all information provided by you in any manner consistent with our Privacy Policy. All remarks, suggestions, ideas, graphics, or other information communicated by you to Royal-Grow (collectively, a "Submission") will forever be our property. We will not be required to treat any Submission as confidential, and will not be liable for any ideas (including without limitation, product, Web Site or advertising ideas) and will not incur any liability as a result of any similarities that may appear in our future products, Web Sites or operations. Without limitation, we will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere. We will be entitled to use the Submission for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Submission. You acknowledge that you are responsible for whatever material you submit, and you, not Royal-Grow, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.

16. Third-Party Web Sites.

We may allow access to or advertise certain third-party product or Web Site providers ("Merchants") from which you may purchase certain goods or Web Sites. You understand that we do not operate or control the products or Web Sites offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing and customer Web Site. We are not a party to the transactions entered into between you and Merchants. You agree that use of or purchase from such Merchants is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY ROYAL-GROW, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY, OR NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SITE.

17. Third-Party Merchant Policies.

All rules, policies (including privacy policies) and operating procedures of Merchants will apply to you while on any Merchant sites. We are not responsible for information provided by you to Merchants. We and the Merchants are independent contractors and neither party has authority to make any representations or commitments on behalf of the other.

18. Securities Laws.

The Web Site may include statements concerning our operations, prospects, strategies, financial condition, future economic performance and demand for our products or Web Sites, as well as our intentions, plans and objectives (particularly with respect to product and Web Site offerings), that are forward-looking statements. These statements are based upon a number of assumptions and estimates which are subject to significant uncertainties, many of which are beyond our control. When used on our Web Site, words like "anticipates," "expects," "believes," "estimates," "seeks," "plans," "intends," "will" and similar expressions are intended to identify forward-looking statements designed to fall within securities law safe harbors for forward-looking statements. The Web Site and the information contained herein does not constitute an offer or a solicitation of an offer for sale of any securities. None of the information contained herein is intended to be, and shall not be deemed to be, incorporated into any of our securities-related filings or documents.

19. Links to other Web Sites.

The Web Site contains links to other Web sites. We are not responsible for the content, accuracy or opinions express in such Web sites, and such Web sites are not investigated, monitored or checked for accuracy or completeness by Royal-Grow. Inclusion of any linked Web site on our Web Site does not imply approval or endorsement of the linked Web site by Royal-Grow. If you decide to leave our Web Site and access these third-party sites, you do so at your own risk.

20. Copyrights.

Except as specifically provided herein, you may not use the Web Site or any materials retrieved from the Web Site in any fashion that infringes the copyrights or proprietary interests therein. You may not remove or obscure the copyright notice or other notices contained in materials retrieved from the Web Site.

21. Information and Press Releases.

The Web Site may contain information and press releases about Royal-Grow. We disclaim any duty or obligation to update this information or any press releases. Information about companies other than ours contained in the press release or otherwise, should not be relied upon as being provided or endorsed by Royal-Grow.

22. Legal Compliance.

You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Web Site and the Content and Materials provided therein.

23. Miscellaneous.

These Terms of Use may be changed from time to time as described below or by written agreement. Charges and payment terms may be changed in accordance with your applicable price schedule; all other provisions may be changed by Royal-Grow immediately upon notice. Continued use of the Web Site following any change constitutes acceptance of the change. Royal-Grow may suspend or discontinue providing the Web Site to you without notice and pursue any other remedy legally available to it if you fail to comply with any of your obligations hereunder.

Except as otherwise provided herein, all notices and other communications hereunder shall be in writing or displayed electronically in the Web Site by Royal-Grow. Notices shall be deemed to have been properly given on the date deposited in the U.S. mails, if mailed; on the date first made available, if displayed in the Web Site; or on the date received, if delivered in any other manner. The subscribing organization or individual may not assign its rights or delegate its duties under the subscription to access the Web Site without the prior written consent of Royal-Grow.

This Agreement shall be treated as though it were executed and performed in Tulsa, Oklahoma, and shall be governed by and construed in accordance with the laws of the State of Oklahoma (without regard to conflict of law principles). Any cause of action by you with respect to the Web Site (and/or any information, Documents, products or Web Sites related thereto) must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth in Section 15 and Section 16. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party. This Agreement and all incorporated agreements and your information may be automatically assigned by Royal-Grow in our sole discretion to a third party in the event of an acquisition, sale or merger. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Web Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. Our rights under this Agreement shall survive any termination of this Agreement.

24. Arbitration.

Any legal controversy or legal claim arising out of or relating to this Agreement or our Web Sites, excluding legal action taken by Royal-Grow to collect or recover damages for, or obtain any injunction relating to, Web Site operations, intellectual property, and our Web Sites, shall be settled solely by binding arbitration in accordance with the commercial arbitration rules of JAMS. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Tulsa, Oklahoma, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or Royal-Grow may seek any interim or preliminary relief from a court of competent jurisdiction in Tulsa, Oklahoma necessary to protect the rights or property of you and Royal-Grow pending the completion of arbitration. Each party shall bear one-half of the arbitration fees and costs incurred through JAMS.