CONDITIONS OF USE
Welcome to the GroFive website, operated by GROFIVE INC (“GroFive” or “GROFIVE”)! GROFIVE and its associates provide their services to you subject to the following conditions. If you visit or shop within this website, you accept these conditions. Please read them carefully.
Please review our Privacy Notice, which also governs your visit to our website, to understand our practices.
When you visit GROFIVE or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of GROFIVE or its content suppliers and protected by international copyright laws. The compilation of all content on this site is the exclusive property of GROFIVE, with copyright authorship for this collection by GROFIVE, and protected by international copyright laws.
GROFIVE’s trademarks and trade dress may not be used in connection with any product or service that is not GROFIVE’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits GROFIVE. All other trademarks not owned by GROFIVE or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by GROFIVE or its subsidiaries.
LICENSE AND SITE ACCESS
GROFIVE grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of GROFIVE. This license does not include any resale or commercial use of this site or its contents: any collection and use of any product listings, descriptions, or prices: any derivative use of this site or its contents: any downloading or copying of account information for the benefit of another merchant: or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of GROFIVE. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of GROFIVE and our associates without express written consent. You may not use any meta tags or any other "hidden text" utilizing GROFIVEs name or trademarks without the express written consent of GROFIVE. Any unauthorized use terminates the permission or license granted by GROFIVE. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of GROFIVE so long as the link does not portray GROFIVE, its associates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any GROFIVE logo or other proprietary graphic or trademark as part of the link without express written permission.
Products made available through the site are available for purchase. By purchasing products or services made available through the Site, you represent that you have reached the age of majority (which in most states is 18 years old) and have the legal capacity to enter into a contract. If you are under 18, you may use our website only with involvement of a parent or guardian. GROFIVE and its associates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
RISK OF LOSS
All items purchased from GROFIVE are made pursuant to a shipment contract. This basically means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
GROFIVE and its associates attempt to be as accurate as possible. However, GROFIVE does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by GROFIVE itself is not as described, your sole remedy is to return it in unused condition.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY THIS SITE IS PROVIDED BY GROFIVE ON AN "AS IS" AND "AS AVAILABLE" BASIS. GROFIVE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, GROFIVE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. GROFIVE DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM GROFIVE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. GROFIVE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. 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.
By visiting GROFIVE, you agree that the laws of the state of Idaho, USA without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and GROFIVE or its associates.
Any dispute relating in any way to your visit to GROFIVE or to products you purchase through GROFIVE shall be submitted to confidential arbitration in Idaho, USA, except that, to the extent you have in any manner violated or threatened to violate GROFIVEs intellectual property rights, GROFIVE may seek injunctive or other appropriate relief in another state or federal court, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrators award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.