showgrowmarketplace.com Conditions of Use
Last updated: December 19th 2019
Welcome to www.showgrowmarketplace.com (the "showgrowmarketplace.com site"). showgrowmarketplace.com, Inc., and/or its affiliates ("showgrowmarketplace.com") provide website features and other products and services to you when you visit or shop at the showgrowmarketplace.com site, use showgrowmarketplace.com products or services, use showgrowmarketplace.com applications for mobile, or use software provided by showgrowmarketplace.com in connection with any of the foregoing (collectively, "showgrowmarketplace.com Services"). showgrowmarketplace.com provides the showgrowmarketplace.com Services subject to the following conditions.
By using showgrowmarketplace.com Services, you agree to these conditions. Please read them carefully.
We offer a wide range of showgrowmarketplace.com Services, and sometimes additional terms may apply. When you use an showgrowmarketplace.com Service, you also will be subject to the guidelines, terms and agreements applicable to that showgrowmarketplace.com Service ("Service Terms"). If these Conditions of Use are inconsistent with the Service Terms, those Service Terms will control.
Please review our Privacy Notice, which also governs your use of the showgrowmarketplace.com Services, to understand our practices.
When you use any showgrowmarketplace.com Service, or send e-mails, text messages, and other communications from any device to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you electronically in a variety of ways, such as by e-mail, text, in-app push notices, or by posting notices and messages on the showgrowmarketplace.com site or through other showgrowmarketplace.com Services, such as our Message Centre. You agree that all agreements, notices, messages, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included in or made available through any showgrowmarketplace.com Service--such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software--is the property of showgrowmarketplace.com or its content suppliers, and is protected by Canadian and international copyright laws. The compilation of all content included in or made available through any showgrowmarketplace.com Service is the exclusive property of showgrowmarketplace.com and protected by Canadian and international copyright laws.
Click here to see a non-exhaustive list of ShowGrow trademarks. In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any showgrowmarketplace.com Service are trademarks or trade dress of showgrowmarketplace.com, Inc., or its affiliates, in the United States and other countries. showgrowmarketplace.com, Inc.'s trademarks and trade dress may not be used in connection with any product or service that is not showgrowmarketplace.com, Inc.'s or its affiliates', in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits showgrowmarketplace.com, Inc. or its affiliates. All other trademarks not owned by showgrowmarketplace.com, Inc. or its affiliates that appear in any showgrowmarketplace.com Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by showgrowmarketplace.com or its affiliates.
One or more patents owned by showgrowmarketplace.com apply to the showgrowmarketplace.com Services and to the features and services accessible via the showgrowmarketplace.com Services. Portions of the ShowGrow Services operate under license of one or more patents. Click here to see a non-exhaustive list of applicable showgrowmarketplace.com patents and applicable licensed patents.
Licence and Access
Subject to your compliance with these Conditions of Use and your payment of any applicable fees, showgrowmarketplace.com or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable licence to access and make personal and non-commercial use of the showgrowmarketplace.com Services. This licence does not include any resale or commercial use of any showgrowmarketplace.com Service or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any showgrowmarketplace.com Service 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. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by showgrowmarketplace.com or its licensors, suppliers, publishers, rightsholders, or other content providers. No showgrowmarketplace.com Service, nor any part of any showgrowmarketplace.com Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of showgrowmarketplace.com. 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 showgrowmarketplace.com without express written consent. You may not use any meta tags or any other "hidden text" utilizing showgrowmarketplace.com's name or trademarks without the express written consent of showgrowmarketplace.com. You may not misuse the showgrowmarketplace.com Services. You may use the showgrowmarketplace.com Services only as permitted by law. The licenses granted by showgrowmarketplace.com terminate if you do not comply with these Conditions of Use or any Service Terms.
You may need your own ShowGrow account to use certain showgrowmarketplace.com Services, and you may be required to be logged in to the account and have a valid payment method associated with it. If there is a problem charging your selected payment method, we may charge any other valid payment method associated with your account. Click here to manage your payment options. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. showgrowmarketplace.com does sell products for children, but it sells them to adults who can purchase with a credit card or other permitted payment method. If you are under the age of majority in your province of residence, you may use the showgrowmarketplace.com Services only with involvement of a parent or guardian. showgrowmarketplace.com reserves the right to refuse service, terminate accounts, terminate your rights to use showgrowmarketplace.com Services, remove or edit content, or cancel orders in its sole discretion.
Reviews, Comments, Communications, and Other Content
Visitors may post reviews, comments, photos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" or unsolicited commercial electronic messages You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. showgrowmarketplace.com reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant showgrowmarketplace.com a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicencable right to use, produce, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, communicate to the public by telecommunications and display such content throughout the world in any media for all purposes, including in advertising and promotions. You grant showgrowmarketplace.com and sublicencees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify showgrowmarketplace.com for all claims resulting from content you supply. showgrowmarketplace.com has the right but not the obligation to monitor and edit or remove any activity or content. showgrowmarketplace.com takes no responsibility and assumes no liability for any content posted by you or any third party.
Intellectual Property Complaints
showgrowmarketplace.com respects the intellectual property of others. If you believe that your intellectual property rights are being infringed, please follow our Notice and Procedure for Making Claims of Copyright Infringement.
Risk of Loss
Risk of loss and title for items purchased from showgrowmarketplace.com pass to you upon our delivery to the carrier or, if such items must cross an international border, then risk of loss and title pass to you when they clear customs.
Returns, Refunds and Title
showgrowmarketplace.com does not take title to returned items until the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, showgrowmarketplace.com does not take title to the refunded item. For more information about our returns and refunds, please see our Online Returns Center.
showgrowmarketplace.com attempts to be as accurate as possible. However, showgrowmarketplace.com does not warrant that product descriptions or other content of any showgrowmarketplace.com Service is accurate, complete, reliable, current, or error-free. If a product offered by showgrowmarketplace.com itself is not as described, your sole remedy is to return it in unused condition.
"List Price" means the suggested retail price of a product as provided by a manufacturer, supplier, or seller. We regularly check List Prices against prices recently found on the showgrowmarketplace.com site and other retailers. Certain products may have a "Was Price" displayed, which is determined using recent price history of the product on the showgrowmarketplace.com site.
With respect to items sold by showgrowmarketplace.com, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If an item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. Other merchants may follow different policies in the event of a mispriced item.
We generally do not charge your credit card until after your order has entered the shipping process or, for digital products, until we make the digital product available to you.
Parties other than showgrowmarketplace.com operate stores, provide services or software, or sell product lines through the showgrowmarketplace.com Services. In addition, we provide links to the sites of affiliated companies and certain other businesses. If you purchase any of the products or services offered by these businesses or individuals, you are purchasing directly from those third parties, not from ShowGrow. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their web sites. showgrowmarketplace.com does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
Disclaimer of Warranties and Limitation of Liability
THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING QUEBEC'S CONSUMER PROTECTION ACT, DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR CONDITIONS OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MIGHT NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
THE showgrowmarketplace.com SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE ShowGrow SERVICES ARE PROVIDED BY showgrowmarketplace.com ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. showgrowmarketplace.com MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE showgrowmarketplace.com SERVICES OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE showgrowmarketplace.com SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE showgrowmarketplace.com SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, showgrowmarketplace.com DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, MERCHANTABLE QUALITY AND FITNESS FOR A PARTICULAR PURPOSE. showgrowmarketplace.com DOES NOT WARRANT THAT THE showgrowmarketplace.com SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE showgrowmarketplace.com SERVICES; ITS SERVERS, ELECTRONIC COMMUNICATIONS, OR E-MAIL SENT FROM showgrowmarketplace.com SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. showgrowmarketplace.com WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY showgrowmarketplace.com SERVICE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY showgrowmarketplace.com SERVICE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
Applicable Law and Disputes
(Not applicable to Quebec consumers) Any dispute or claim relating in any way to your use of any showgrowmarketplace.com Service, or to any products or services sold or distributed by showgrowmarketplace.com or through showgrowmarketplace.com Services will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The U.S. Federal Arbitration Act and U.S. federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent Corporation Service Company, 300 Deschutes Way SW, Suite 304, Tumwater, WA 98051. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, showgrowmarketplace.com will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
(Not applicable to Quebec consumers) By using any showgrowmarketplace.com Service, you agree that the U.S. Federal Arbitration Act, applicable U.S. federal law, and the laws of the state of Washington, United States, 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 showgrowmarketplace.com.
For Quebec consumers: These Conditions of Use and any dispute of any sort that might arise between you and showgrowmarketplace.com shall be governed by the laws of the Province of Quebec, without reference to its conflict of laws provisions, and the laws of Canada applicable therein, and any disputes will be submitted to the courts of competent jurisdiction of the District of Montreal (Quebec).
Site Policies, Modification, and Severability
Please review our other policies, such as our pricing policy, posted on the showgrowmarketplace.com site. These policies also govern your use of showgrowmarketplace.com Services. We reserve the right to make changes to our site, policies, Service Terms, 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.
Pinnacle Distribution SG LLC
2730 south harbor blvd
Santa Ana, CA.
Additional ShowGrow Software Terms
The following terms (“Software Terms”) apply to any software (including any updates or upgrades to the software) and any related documentation we make available to you in connection with showgrowmarketplace.com Services (the "ShowGrow Software").
Use of the ShowGrow Software. You may use ShowGrow Software solely for purposes of enabling you to use and enjoy the showgrowmarketplace.com Services as provided by showgrowmarketplace.com, and as permitted by the Conditions of Use, these Software Terms and any Service Terms. You may not incorporate any portion of the ShowGrow Software into your own programs or compile any portion of it in combination with your own programs, transfer it for use with another service, or sell, rent, lease, lend, loan, distribute or sub-license the ShowGrow Software or otherwise assign any rights to the ShowGrow Software in whole or in part. You may not use the ShowGrow Software for any illegal purpose. We may cease providing any ShowGrow Software and we may terminate your right to use any ShowGrow Software at any time. Your rights to use the ShowGrow Software will automatically terminate without notice from us if you fail to comply with any of these Software Terms, the Conditions of Use or any other Service Terms. Additional third-party terms contained within or distributed with certain ShowGrow Software that are specifically identified in related documentation may apply to that ShowGrow Software (or software incorporated with the ShowGrow Software) and will govern the use of such software in the event of a conflict with these Conditions of Use. All software used in any ShowGrow Service is the property of showgrowmarketplace.com or its software suppliers and protected by Canadian and international copyright laws.
No Reverse Engineering. You may not, and you will not encourage, assist or authorize any other person to copy, modify, reverse engineer, decompile or disassemble, or otherwise tamper with, the ShowGrow Software, whether in whole or in part, or create any derivative works from or of the ShowGrow Software.
Updates. In order to keep the ShowGrow Software up-to-date, we may offer automatic or manual updates at any time and without notice to you.
Export Regulations. You must comply with all export and re-export restrictions and regulations of the U.S. Department of Commerce, Foreign Affairs and International Trade Canada, and other U.S. and Canadian agencies and authorities that may apply to the ShowGrow Software.
Notice and Procedure for Making Claims of Intellectual Property Infringement
If you believe that your intellectual property rights are being infringed, please submit your complaint using our online form. This form may be used to report all types of intellectual property claims including, but not limited to, copyright, trademark, and patent claims.
We respond quickly to the concerns of rights owners about any alleged infringement, and we terminate repeat infringers in appropriate circumstances.
We offer the following alternative to our online form for copyright complaints only. You may submit written claims of copyright infringement to our Copyright Agent at: [email protected]
Written claims concerning copyright infringement should include the following information:
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed upon;
A description of where the material you claim is infringing is located on the site;
Your address, telephone number, and e-mail address;
A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.