TERMS & CONDITIONS – GRO-CONNECT.COM®

TERMS AND CONDITIONS

OVERVIEW

This website is operated by Gro-connect.com Inc.. Throughout the site, the terms “we”, “us” and “our” refer to Gro-connect.com. Gro-connect.com offers this website, including all information, tools, products and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, notices stated and linked below.

Operating Procedures and Agreement

By visiting our site and/ or purchasing something 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, 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 new features or tools which are added to the current store 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 or access to the website following the posting of any changes constitutes acceptance of those changes.

GRO-CONNECT.COM INC. terms and conditions.

Terms & Conditions

IMPORTANT: BEFORE DOING BUSINESS WITH GRO-CONNECT.COM INC. OR ACCESSING OR USING ANY PART OF THE HTTPS://GRO-CONNECT.COM WEBSITE (THE “WEBSITE”), THE PERSON WANTING TO DO BUSINESS WITH GRO-CONNECT.COM OR ATTEMPTING TO ACCESS AND USE THE WEBSITE (“YOU” OR “YOUR” OR “Customer”) SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS (THE “TERMS AND CONDITIONS”).

THIS IS A LEGAL AGREEMENT BETWEEN YOU AND GRO-CONNECT.COM, INC. (“GRO-CONNECT.COM” or “Company”). FOR PURPOSES OF THESE TERMS AND CONDITIONS, “GRO-CONNECT.COM” SHALL INCLUDE ANY PARENT, SUBSIDIARY, OR AFFILIATED COMPANY AND THEIR RESPECTIVE DIRECTORS, OFFICERS, AGENTS AND EMPLOYEES. THESE TERMS AND CONDITIONS GOVERN YOUR ACCESS TO AND USE OF THE WEBSITE, INFORMATION AVAILABLE THROUGH THE WEBSITE OR GRO-CONNECT.COM AND USED IN ANY MANNER RELATED THERETO, AND GRO-CONNECT.COM ARRANGING FOR THE PICK-UP, TRANSPORT, AND DELIVERY OF TRUCKLOAD, LESS-THAN-TRUCKLOAD (“LTL”), FCL, OCEAN, AIR, RAIL AND/OR PARCEL SHIPMENTS TO AND FROM VARIOUS POINTS IN THE UNITED STATES AND CANADA, OR ANYWHERE IN THE WORLD (COLLECTIVELY REFERRED TO HEREIN AS THE “SERVICE”). USING THE SERVICE IS CONDITIONED UPON YOUR ACCEPTANCE OF AND AGREEMENT TO ALL OF THE TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS, YOU MAY NOT USE THE SERVICE. BY USING THE SERVICE, YOU INDICATE THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS HEREIN AND, AS THEY MAY CHANGE FROM TIME TO TIME, THAT YOU AGREE TO THEM AND INTEND TO BE LEGALLY BOUND BY THEM. “YOU” OR “YOUR” REFERS TO THE INDIVIDUAL USING THE SERVICE AND IF YOU USE THE SERVICE ON BEHALF OF A CORPORATION, LLC, PARTNERSHIP, OR ANY OTHER BUSINESS ENTITY, THEN “YOU” OR “YOUR” SHALL INCLUDE THAT BUSINESS ENTITY. IF YOU ARE USING THE SERVICE ON BEHALF OF A BUSINESS OR OTHER LEGAL ENTITY, YOU ARE NEVERTHELESS INDIVIDUALLY BOUND BY THESE TERMS AND CONDITIONS EVEN IF YOUR COMPANY HAS A SEPARATE AGREEMENT WITH GRO-CONNECT.COM.

The SERVICE is intended for use by businesses and other organizations and not for consumer purposes. To the maximum extent permitted by law, YOU hereby acknowledge and agree that consumer laws do not apply. If however any consumer laws do apply and cannot otherwise be lawfully excluded, nothing in these TERMS AND CONDITIONS will restrict, exclude or modify any statutory warranties, guarantees, rights or remedies YOU have, and the Company’s liability is limited as set out in these TERMS AND CONDITIONS or as permitted by applicable law.

GRO-CONNECT.COM is a website functioning as a connection between buyer, seller, transportation logistics services. All transactions and interactions are to be governed under USDA laws and regulations between, buyer, seller, logistics provider, and under U.S. laws and regulations set forth in the state of Delaware. The handling, selling, transportation of fruit, vegetables, meats, spices, etc. must be in strict accordance with USDA regulations and best handling requirements. GRO-CONNECT.COM INC. IS NOT AN AGENT FOR ANY SELLER OR BUYER OR LOGISTICS PROVIDER.

The carrier is responsible for the actual transportation services provided. All transit times and routes are determined by the carrier and the Company is not responsible for the accuracy or completeness of that information. All transit times are estimates only and do not include the day of pickup. The Company makes no representations or warranties regarding pickups and deliveries and cannot guarantee pickup or delivery by any specific date or time.

Any applicable general rules tariffs on FTL, FCL, LTL shipments (“Tariffs”), established by the carrier used to transport the freight, will in every instance take precedence in all legal proceedings and when in conflict, will take precedence over these TERMS AND CONDITIONS. The Tariffs are generally available through the carrier’s website.

GRO-CONNECT.COM reserves the right to alter these TERMS AND CONDITIONS from time to time. The most recent version of these TERMS and CONDITIONS is made available on the WEBSITE. These TERMS AND CONDITIONS apply to all shipments and supersede all agreements, representations, warranties, statements, promises, and understandings of the parties, written or oral, except as expressly stated herein. If a Customer enters into a separate contractual agreement with the Company, only conflicting terms in that agreement will take precedence over these TERMS AND CONDITIONS.

GRO-CONNECT.COM INC. may suspend or terminate the SERVICE if GRO-CONNECT.COM INC. believes YOU are in breach of these TERMS AND CONDITIONS. GRO-CONNECT.COM INC. has the right, in its sole discretion, to refuse any shipment at any time.

Bills of Lading

All bills of lading issued by the Company through the Customer’s use of the SERVICE are NON-NEGOTIABLE and have been prepared by the Company as per the Customer’s requirements for this limited purpose on behalf of the Customer and shall be deemed, conclusively, to have been prepared by the Customer and to bind the Customer. Any unauthorized alteration of bills of lading, or unauthorized use of bills of lading, or tendering of shipments to any carrier other than that designated by the Company, or the use of any bill of lading not authorized or issued by the Company shall VOID the Company’s obligations to make any payments relating to this shipment and VOID all rate quotes.

If the Customer does not complete or provide all the documents required for transportation, or if the documents which they submit are not appropriate or accurate, the Customer hereby instructs the Company, where permitted by law, to complete, correct or replace the documents for them at the expense of the Customer. However, the Company is not obligated to do so. If a substitute bill of lading is needed to complete pickup or delivery and the Company completes that document, the terms of the substitute bill of lading will govern. The Company is not liable to the Customer or any other person for any actions taken or not taken on behalf of the Customer under this provision.

If a blind shipment is tendered, the Company does not guarantee that the information will not be revealed, disclosed and/or become known and neither the Company nor the carrier shall assume any liability to the blind shipment requestor or any third party for the release of such information, whether or not such release resulted from the fault of the Company or the carrier.

Customer’s Warranties

The Customer is responsible for and warrants their compliance with all applicable laws, rules, and regulations including but not limited to customs laws, hazardous materials laws, import and export laws, and governmental regulation of any state and country to, from, through or over which the shipment may be transported.

If applicable, the Customer further warrants that it is registered and in compliance with the security plan and training requirements, and any amendments related thereto, related to hazardous materials, including but not limited to, 49 C.F.R. #172.700-704 and 49 C.F.R. #172.800-804. The Customer is obligated to inform the Company at the time of shipment tendering if any shipments contain hazardous materials. The Customer further warrants that it will immediately advise the Company if its registration and/or compliance with these regulations expires or are terminated. The Customer agrees to furnish such information and documentation as necessary to establish its compliance with such laws, rules, and regulations.

The Company does not accept and the Customer agrees not to tender any shipment containing (i) certain classifications of hazardous materials (including but not limited to Class 1, Class 2.3, Class 4.3, Poisonous/Toxic Inhalation Hazards in Class 2, 3, 4, 5, 6, and 8, Class 6.2, Class 7, and regulated and medical waste), (ii) deeds, stock certificates, securities, or any similar items, (iii) financial and/or personal identification documentation in paper form or on hard drives and servers (including but not limited to business records and passports), (iv) money or currency of any denomination, (v) precious metals (including but not limited to gold, silver or platinum), (vi) cigarettes, cigars and other tobacco products, (vii) fireworks, firearms and/or ammunition, (viii) artwork, antiques, artifacts, or one-of-a-kind items, (ix) live animals, fish, or insects, (x) human and animal remains, (xi) etiological agents, (xii) blood or plasma, (xiii) carbon black, activated carbon, and lamp black, (xiv) cannabis/marijuana, hemp, cannabidiol (CBD), or any products containing these items, and/or (xv) vaping devices, accessories, and products.

The Customer acknowledges and agrees that rail carriers provide transportation services subject to provisions, restrictions, and limitations in their rail circulars, and the rail circulars address, among other matters, standards for loading, blocking and bracing, prohibitions and restrictions on certain types of commodities, limitations of liability, procedures and limitations on cargo claims, and requirements for proper descriptions of commodities.

The Company assumes no liability to the Customer or any other person for any loss or expense due to the failure of the Customer to comply with the provisions of this section. The Customer agrees to indemnify, defend, and hold the Company harmless for any and all loss, liability, claim, damages, or suit arising from Customer’s noncompliance with the restrictions and/or requirements of this section.

Payment

All charges are payable in US Dollars via credit card and are due upon booking unless the Customer has been approved for credit terms. When a credit card is added to YOUR account, a secure token is created. This token will be saved unless YOU opt-out. If YOU opt-out, the token will be stored for 90 days from the date opted out in case of any refunds or adjustments.

If credit terms are offered, the Customer is subject to credit approval and the Company’s continued approval. The Company may change credit terms and may establish, revise, and/or revoke a credit limit at any time when, in the Company’s opinion, the Customer’s financial condition, previous payment record, and/or the nature of Company’s relationship with Customer so warrants. Upon credit approval, all charges are payable in US Dollars and are due upon receipt or upon agreed payment terms.

The Company reserves the right to amend or adjust the original quoted and/or paid amount if the original quoted and/or paid amount was based upon incorrect information received at the time of the original quote or if additional services were required or otherwise necessary for the carrier to perform the shipment pickup, transportation and delivery. The Customer agrees it will be responsible for all charges payable, including any adjustments, on account of such Customer’s shipment. These charges and adjustments, if any, will be automatically debited to the Customer’s credit card or bank account. The Customer is permitted thirty (30) days from the date of the adjustment to dispute the charge(s). If the Company does not receive a dispute within the allowable thirty (30) days, the disputed item will be denied by the Company.

Any payment which is past due shall be subject to an additional charge at the rate of 10% per annum, calculated on a monthly basis, of the average outstanding balance due, or the highest rate of interest permitted by applicable law, whichever is less. Overpayments do not accrue interest. In the event the Company retains an attorney or collection agency to collect unpaid charges or for the enforcement of these TERMS AND CONDITIONS, all unpaid charges will be subject to a late payment penalty of 33% and the Customer shall also be liable for all attorneys and collection agency fees incurred, together with related costs and expenses. In addition to the Customer, all shippers, consignors, or consignees are jointly and severally liable for the freight charges owed to the Company and the Company holds a warehouseman’s general lien on all tangible personal property for any outstanding balances owed to the Company. The Customer agrees to the provisions of this section on behalf of any third party with interest in the freight.

Cargo Claims

The carrier liability and claims process for any cargo damage, loss, theft, or delay from any cause shall be determined under the Carmack Amendment, 49 U.S.C. 14706 and 49 C.F.R. §370.1 et seq. respectively (“Cargo Claim Liability Terms”). To the extent that any of the Cargo Claim Liability Terms are inconsistent with the Highway Traffic Act, R.S.O. 1990, c. H.8, as amended, and the regulations thereto or similar provincial or territorial legislation having jurisdiction, and/or the provisions of any bill of lading, the Cargo Claim Liability Terms shall prevail. Cargo claims can be denied and/or the amount paid can be less than the value of the shipment based on, but not limited to, the carrier’s Tariffs, commodity restrictions, released value provisions, limitations of liability, or applicable common law exceptions to liability. The Customer agrees the Company, as a broker only, is not liable for any damage, loss, theft, or delay, except as stated hereafter. To the extent the Logistics Provider is found negligent for any cargo damage, loss, theft, or delay, the Logistics Provider liability is limited to no greater than a refund of the total freight charge payment related to the specific shipment in question. To the extent the foregoing may be disallowed by applicable law, GRO-CONNECT.COM INC.’s liability shall be limited to the fullest extent otherwise permitted by law. The Company will not be responsible in any way for claims arising out of the Customer’s negligence, the carrier’s negligence, or the negligence of any third party. The Customer agrees to the provisions of this section on behalf of any third party with interest in the freight.

Cargo liability on FTL, FCL, LTL shipments varies by carrier, commodity, and the product being considered new or used, as determined by the carrier, and is generally limited to a per pound amount. The individual carrier’s Tariffs will apply when determining carrier liability. If the shipment contains freight with a predetermined exception value, as determined by the carrier, the maximum exception liability will override the otherwise standard liability coverage. The maximum amount that the Customer will receive from the carrier on a claim will be that which is recoverable under the respective transportation Tariffs. On FTL, FCL, LTL shipments, the Logistics Provider will cover a shipper’s interest insurance policy included in the awarded bid price. In no case will the carrier’s maximum cargo liability on a truckload shipment be greater than the value of the purchased product. It is the Logistics’ Providers obligation to provide the accurate insurance coverage of each shipment before bidding. In no case will the carrier’s maximum cargo liability insurance coverage on the parcel shipment exceed the cost of the cargo. Cargo liability on rail, ocean, or air shipments is subject to the provisions of the applicable circular. It is the Logistics Providers responsibility to have sufficient cargo insurance coverage in place to meet their shipment needs.

The Company may, but is not obligated to, assist the Customer in the claim filing process. A complete and detailed claim and all required supporting documentation must be submitted by the Customer in writing to the Company no later than twenty-four (24) hours after delivery. Claims for damages that are not readily apparent or noted upon delivery (“concealed damage”) must be submitted within twenty-four (24) hours after delivery. The Customer is responsible to ensure freight is inspected upon delivery and damage is noted accordingly. Claims for concealed damage may not be honored by the Company even if they are reported after twenty-four (24) hours. The Company shall not be liable for any actions brought to enforce a claim unless all claim procedures have been complied with. The filing of a claim does not relieve the responsible party for the payment of freight charges. Freight payment is necessary to process a claim. The Customer may not offset freight or other charges owed to the Company against claims for any loss, damage, mis-delivery, or non-delivery. The Company has a lien on funds recovered through the processing of cargo claims and may withhold and offset amounts recovered through such claim processing and apply toward any open past due invoices on account.

Forum Selection & Choice of Law

Any claim or litigation relating to these TERMS AND CONDITIONS, relating to any shipment scheduled or tendered through the Company’s WEBSITE OR SERVICE, or relating to any and all disputes between the Company and the Customer, shipper and/or consignee shall be filed in the jurisdiction of the State or Federal Courts within the State or District of DELAWARE and shall be subject to Delaware law. Customer hereby irrevocably consents and submits themselves to the personal jurisdiction of said courts for all such purposes.

Rates

Rates are based on the freight class as determined by the NMFC (National Motor Freight Classification) and in accordance with the actual description, size, and weight of the shipment. There can be no Additional fees for any awarded bid from the Logistics Provider unless agreed upon in writing from the Company. Additional fees may be approved for delays of pickup or acceptance from the Customer, The Customer has twenty-four (24) hours to accept and pickup delivery. In the event the Customer is delayed an additional storage/handling cost may be assessed and based on the provider’s fee.

Truckload, Container Loads, Air, Ocean, and Rail rates are based on dock door pickup/dock door delivery, shipper load/consignee unload, distance, mileage, weight, and commodity along with cost to insure cargo. Once the logistics’ Provider has been awarded the bid, the Logistics’ Provider is contracted under these terms and conditions to deliver the cargo as intended and under the laws governed under these terms and conditions. If a Logistics’ Provider decides to not abide by these terms and conditions the Logistics’ Provider will be in default of the agreement with the Company who reserves the right to cancel logistics’ Provider access to the Company website and any future work at the expense of the Logistics’ Provider.

Shipment Services and Delays

Shipments not delivered within the date/time specified on the bill of lading may not be considered a service failure when the reason for the delivery delay is deemed as no fault of the carrier. These reasons could include, but are not limited to, the following: acts of God; weather; the existence of violence, riots, military action or such possible disturbance as creating reasonable apprehension of danger; acts or omissions by shipper, consignee, owner of goods or public authority; delays due to customs clearance or documentation required for movement of shipment; closure of federal, state, provincial, ports, city or local roads, streets, or highways resulting in travel delays by carrier; and shipments not accepted by the consignee when offered for delivery. This service is not a guarantee for pickup. The Customer is liable for all charges related to the shipment. In the event the carrier fails to comply with the service requested the Customer is permitted twenty-four (24) hours from the actual delivery date of the shipment to file a claim in writing (via email) with the Company. If the Company does not receive a claim or receives the claim after the allowable twenty-four (24) hours, the service provided by the carrier will be deemed to have met all service standards and the claim will automatically be considered invalid and denied. If a claim is submitted and the carrier has agreed it is a valid and approves the claim, the Company will credit the account of the said Customer for freight charges accordingly. Company carrier service policies are subject to change without notice. In no event shall the carrier or Company be liable, nor will any account be credited if the Customer does not use the Company’s bill of lading.

Electronic Order Status Notifications; SMS-text

If offered by the Company, the Customer may choose to receive email or SMS-text notifications from the Company related to the Customer’s shipment order status. The Customer can choose to receive order status updates (i.e., the carrier is in route); shipment delivery confirmation; or shipment delivery delay. The Customer’s choice of electronic notification (i.e., email or text) will apply to all of the Customer’s orders.

The Company does not charge for any content; however, downloadable content may incur additional charges from the Customer’s cell wireless provider. The Customer’s data and SMS-text wireless provider’s standard messaging rates will apply to the Company’s initial response to the Customer regarding its selection of electronic order status notification, and to all subsequent SMS-TEXT correspondence. The Customer should contact its wireless provider for information about its messaging plan. The Customer’s wireless provider may impose message or charge limitations on the Customer’s account that are outside the Company’s control. All charges for the provision of wireless data and SMS-text services and plans are billed by and payable to the Customer’s wireless provider.

By subscribing to email or SMS-text notifications from the Company related to the Customer’s shipment order status, the Customer is consenting to receiving email or SMS-text messages as required to reasonably provide available updated information regarding the Customer’s shipment order status, using automated technology. The Customer can unsubscribe at any time from all email and/or SMS-text messages by clicking on the “Unsubscribe” link at the bottom of each email or by responding STOP. The Customer’s consent to receive email and/or SMS-text messages is not required to receive services from the Company.

The Customer represents to the Company that it is the owner or authorized user of the wireless device the Customer identified for use to subscribe for email or SMS-text notifications, and that the Customer is authorized to approve the applicable charges.

The Company will not be liable for any delays or failures in the Customer’s receipt of any email and/or SMS-text messages as delivery of such communications is subject to effective transmission from the Customer’s network operator and processing by the Customer’s wireless provider. All email and SMS-text messages related to the Customer’s shipment order status are provided on an AS IS, AS AVAILABLE basis.

Data obtained from the Customer in connection with its receipt of email and/or SMS-text messages may include the Customer’s identified cell phone number, the Customer’s wireless provider’s name, and the date, time and content of the Customer’s shipment order status messages and other information that the Customer may provide. The Company may use this information to contact the Customer and to provide the services Customer requests from Company, and to otherwise operate, develop and improve the Company’s service offerings. The Customer’s wireless provider and other service providers may also collect data about the Customer’s email and/or SMS-text usage, and their practices are governed by their own policies. The Company will only use information the Customer provides to transmit the Customer’s email or SMS-text message or as otherwise described in this document. Nonetheless, we reserve the right at all times to disclose any information as necessary to satisfy any law, regulation, or governmental request, to avoid liability, or to protect the Company’s rights or property. When the Customer completes the Company’s forms or otherwise provides the Company with information in connection with the service the Customer is requesting to receive, the Customer agrees to provide accurate, complete, and true information. With regard to all processing and use of personal information, including any Customer data which represents personal information, the Company shall comply with the Company’s Global Privacy Notice available to view on the WEBSITE.

The order status notification service is available in the United States and Canada.

The Customer’s receipt of email and/or SMS-text order status notifications is also subject to termination if the Customer’s wireless service terminates or lapses. The Company may discontinue issuing email and/or SMS-text order status notifications at any time.

Customers with questions about email and/or SMS-text order status notifications may contact the Company by using the preferred contact method available on the WEBSITE.

Eligibility & Requirements

To be eligible to use the SERVICE, YOU must meet the following criteria and represent and warrant that YOU: (1) are 18 years of age or older; (2) are not currently restricted from the SERVICE, or not otherwise prohibited from having an account; (3) have full power and authority to agree to these TERMS AND CONDITIONS and doing so will not violate any other agreement to which YOU are a party; (4) will not violate any rights of GRO-CONNECT.COM INC., including these TERMS AND CONDITIONS and/or any intellectual property rights such as copyright, patent, licensing, or trademark rights; (5) agree to provide at YOUR cost all equipment, software, and internet access necessary to use the SERVICE; and (6) agree not to reproduce, copy, sell, resell, or exploit any portion of the WEBSITE.

Account Security

YOU agree that YOU are responsible for maintaining and protecting the security of YOUR account and password. YOU further agree that GRO-CONNECT.COM INC. is not liable for any loss or damage resulting from YOUR failure to comply with this security obligation. YOU will refrain from charging anyone for access to any portion of the WEBSITE, or any information therein. Further, YOU agree YOU are fully responsible for anything that happens through YOUR account.

Misuse of the WEBSITE

YOU agree to use the WEBSITE only for the purpose for which it is intended. YOU agree not to modify, adapt, reverse engineer, create derivative works from, or hack the WEBSITE or modify another website to falsely imply that it is associated with the WEBSITE or GRO-CONNECT.COM INC. YOU agree not to use the WEBSITE for any illegal or unauthorized purpose or activities. YOU may not directly or indirectly scrape, harvest, or otherwise extract data from the WEBSITE or access the WEBSITE using bots, crawlers, spider technology and/or other similar methods without GRO-CONNECT.COM INC.’s prior written authorization. YOU agree not to knowingly transmit any worm or virus or code of a destructive nature which interferes in any way with the WEBSITE. Violation of this paragraph may result in civil and/or criminal penalties and fines as well as liability for attorney fees.

Intellectual Property

Company reserves all rights including, without limitation, to title, ownership, intellectual property rights, and all other rights and interest in GRO-CONNECT.COM INC. or covered by all patents owned by GRO-CONNECT.COM INC., and all related items, including any and all copies made of the WEBSITE. All content on the WEBSITE, including, but not limited to, trademarks and logos, designs, text, graphics, sounds, images, software, source code, and other materials are the intellectual property of GRO-CONNECT.COM INC. and may not be copied, reproduced, or distributed in any form without the prior written permission of GRO-CONNECT.COM INC.

Third Party Sites

The WEBSITE may, from time to time, contain links to other websites for the convenience of users. These sites and any other sites operated or maintained by third parties are operated or maintained by organizations over which GRO-CONNECT.COM INC. exercises no control, and GRO-CONNECT.COM INC. expressly disclaims any and all responsibility for the content, information, links, and other items, the accuracy and completeness of the information, and the quality of products or services made available or advertised on these third-party sites.

Disclaimer of Warranties

YOUR use of the SERVICE is at YOUR sole risk. The SERVICE, the information contained on or made available through the SERVICE, as well as any website offered in connection with the SERVICE are made “as is,” “as available” and with all inaccuracies. To the fullest extent permissible under applicable law, GRO-CONNECT.COM INC. disclaims any and all warranties and representations and makes no warranty or representation of any kind, expressed, statutory, or implied, written or oral, including, but not limited to, those of merchantability or fitness for a particular purpose, accuracy, content, completeness, quality, systems integration, legality, reliability, operability, availability, title, non-infringement, or arising from a course of dealing, usage or trade practice. GRO-CONNECT.COM INC. does not represent or warrant that the SERVICE will meet YOUR specific requirements. GRO-CONNECT.COM INC. does not represent or warrant that the WEBSITE will be uninterrupted, timely, secure, error-free, or free of computer viruses or other harmful mechanisms, that the quality of any products, information or other material purchased or obtained by YOU through the SERVICE will meet YOUR expectations, or that any errors on the WEBSITE will be corrected. THE OPERATION OF THE WEBSITE MAY BE INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR SYSTEM OR NETWORK FAILURES. GRO-CONNECT.COM INC. DISCLAIMS ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS IN FUNCTIONING. FURTHERMORE, GRO-CONNECT.COM INC. DISCLAIMS ALL LIABILITY FOR ANY MALFUNCTIONING, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE WEBSITE DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES RELATED TO INTERNET SERVICE PROVIDERS, TO THE SATURATION OF THE INTERNET NETWORK, AND FOR ANY OTHER REASON. YOU AGREE THAT GRO-CONNECT.COM INC. IS NOT RESPONSIBLE FOR ANY CHARGES INCURRED FOR ANY LOSSES, DAMAGES, FINES, CLAIMS, THEFT, LEGAL EXPENSES OR PENALTIES OF ANY KIND RELATED TO YOUR USE OF THE SERVICE.

Limitation of Liability

GRO-CONNECT.COM INC.’s sole responsibility is to provide the SERVICE, subject to these TERMS AND CONDITIONS. GRO-CONNECT.COM INC.’s sole liability for direct damages are limited to GRO-CONNECT.COM INC.’s negligent acts or omissions or GRO-CONNECT.COM INC.’S material breach of these TERMS AND CONDITIONS and are limited to no greater than a refund of the total PURCHASE charge payment related to the specific purchase in question. To the extent the foregoing may be disallowed by applicable law, GRO-CONNECT.COM INC.’s liability shall be limited to the fullest extent otherwise permitted by law. YOU EXPRESSLY UNDERSTAND AND AGREE THAT GRO-CONNECT.COM INC. SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, EXTRA-CONTRACTUAL, OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER, WHICH MAY OR DOES RESULT FROM THE USE OF THE SERVICE, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, STATEMENTS OR CONDUCT OF ANY THIRD PARTY OF THE WEBSITE, USE OF THIRD PARTY SITES, ANY MODIFICATION, PRICE CHANGE, SUSPENSION OR TERMINATION OF THE SERVICE, OR ANY OTHER MATTER RELATING TO THE SERVICE, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT ANY PARTY HAD BEEN ADVISED OF THE POSSIBILITY OR PROBABILITY OF SUCH DAMAGES, AND EVEN IF THE REMEDIES OTHERWISE AVAILABLE FAIL THEIR ESSENTIAL PURPOSE, INCLUDING, WITHOUT LIMITATION, LOST REVENUES OR LOST PROFITS, BUSINESS INTERRUPTION, GOODWILL, USE, OR OTHER INTANGIBLE LOSSES, DAMAGE CAUSED TO YOUR COMPUTER, COMPUTER SOFTWARE, SYSTEMS AND PROGRAMS AND THE DATA THEREON OR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES. THIS LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF ANY OF THE AFOREMENTIONED DAMAGES.

Indemnification

YOU agree to defend, indemnify, and hold harmless GRO-CONNECT.COM INC. from and against any and all suits, actions, claims, proceedings, damages, settlements, judgments, injuries, liabilities, losses, risks, costs, and expenses (including without limitation attorney fees and litigation expenses) relating to or arising from YOUR use of the SERVICE or any use under YOUR username and password whether or not authorized by YOU, YOUR fraud, violation of law, or willful misconduct, and any breach by YOU of these TERMS AND CONDITIONS, including, but not limited to, uploading, emailing, posting, publishing, transmitting or submitting any content, or any misrepresentation, breach of warranty or certification made by YOU.

Name & Logo Use

Unless expressly agreed otherwise in writing, Customer agrees Company may utilize Customer’s name, logo, trademark, and/or domain name in marketing, advertising, and/or promotional material or communications.

SECTION 1 – GENERAL CONDITIONS

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 the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

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.

SECTION 3 – MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue Products or Services (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 Products or Services.

SECTION 4 – PRODUCTS OR SERVICES (IF APPLICABLE)

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color 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 products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, 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 quantities purchased per person, per business or per order. These restrictions may include orders placed 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 an 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. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. 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.

SECTION 6 – THIRD-PARTY LINKS

Certain content, products and services available via our Service 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 materials or websites, or for any other materials, products, 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, or any other transactions made in connection with any third-party 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 7 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, 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, pornographic, 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 the Service 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 are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 8 – PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.

SECTION 9 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit 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 website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related 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 website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 10 – PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site 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 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 or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 11 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service 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 Gro-connect.com Inc., 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 the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, 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 minimum extent permitted by law.

SECTION 12 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless Gro-connect.com Inc. 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 13 – 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 14 – 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 these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

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 also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 15 – 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 operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Products and Services, 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 16 – GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Lewes, Delaware, USA.

SECTION 17 – 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 the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 18 – RETURN POLICY

Our policy lasts 2 days from acceptance of the delivery. If 2 days have gone by since your purchase, unfortunately we can’t offer you a refund or exchange. It is imperative to inspect your products as soon as you receive them and report any issues directly to us by email at help@gro-connect.com or by phone to 1+347-918-7437. Returns or Rejections of deliveries, shipments are subject to Gro-connect.com Inc. insurance policy. Damages to product contents from the delivery or shipment resulting in loss of product or value will be covered under the transporters liability insurance and cover all costs associated with the damage. Sellers, Suppliers, must make sure all transportation companies they hired have ample liability insurance coverage to protect the value of the product in the event of a loss. Gro-connect.com Inc. support will work with both the Purchasing Party & Selling Party to remediate the issue and see monetary loss is recuperated to and from the responsible parties.

To be eligible for a return, you must contact customer service with explanation & photos as to the reason for the return.

If you are approved, then your refund will be processed, and a credit will automatically be applied to your account. You can request a refund to your credit card or original method of payment.

Late or missing refunds (if applicable)

If you haven’t received a refund yet, first check your bank account again.

Then contact your credit card company, it may take some time before your refund is officially posted.

Next contact your bank. There is often some processing time before a refund is posted.

If you’ve done all of this and you still have not received your refund yet, please contact us at

help@gro-connect.com

Sale items (if applicable)

Only regular priced items may be refunded, unfortunately sale items cannot be refunded.

Exchanges (if applicable)

We only replace items if they are defective or damaged. If you need to exchange it for the same item, send us an email at help@gro-connect.com or call 1+347-918-7437.

Gifts

If the item was marked as a gift when purchased and shipped or emailed directly to you, you’ll receive a gift credit for the value of your return. Once the returned item is received, a gift certificate will be mailed to you.

If the item wasn’t marked as a gift when purchased, or the gift giver had the order shipped to themselves to give to you later, we will send a refund to the gift giver and she/he will find out about your return.

Shipping

To return your product, depending on the item and origin the return of the product may require disposal of the contents at a regulated location per governing agency.

You will be responsible to help coordinate with Gro-connect.com return support. Storage, or special fees accrued from the delay of information or lack of coordination by the Returning or Purchasing Party, will be at the cost of the Returning, or Purchasing Party. Gro-connect.com will diligently work with rectifying and returning a refund to the Purchasing Party as soon as possible. Refunds and Returns are covered under Gro-connect.com Inc. insurance policy and subject to the insurance polies terms & conditions.

Depending on where you live, the time it may take for your exchanged product to reach you, may vary.

SECTION 19 – CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at help@gro-connect.com