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These Conditions of Use are effective January 1, 2020. Please click here for our terms and conditions which were effective through December 31, 2019.
PLEASE READ THIS DOCUMENT CAREFULLY. IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS WITH RESPECT TO THE USE OF THIS ONLINE SERVICE. THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT USE THIS ONLINE SERVICE.
We offer certain Online Services, including:
The Online Services are offered and available to users who 18 years of age or older and reside in the United States or Canada. By using the Online Services, you represent and warrant that you are of legal age to form a binding contract with us and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Online Services.
The following terms and conditions, together with any documents they expressly incorporate by reference collectively, these "Conditions of Use"), govern your access to and use of the Online Services to which these Conditions of Use are linked, including any content, functionality, and services offered on or through this domain, whether as a guest or a registered user. These Conditions of Use are entered into by and between you and us and form a binding legal agreement.
Please read these Conditions of Use carefully before you start to use or access the Online Services. The Online Services are provided upon the absolute condition of your full and complete acceptance of these Conditions of Use in their entirety. You acknowledge that but for your full and complete acceptance of these Conditions of Use, we would not make the Online Services available to you. You acknowledge that by (i) clicking to submit information or initiate an action through the Online Services, (ii) clicking to accept or agree to these Conditions of Use, or (iii) otherwise using or accessing the Online Services, in each situation where these Conditions of Use are linked, you accept and agree to be bound and abide by these Conditions of Use, which is a binding legal agreement between you and us regarding your use and all claims arising out of or related to the Online Services to which these Conditions of use are linked. If you do not want to agree to these Conditions of Use, you must not access or use the Online Services.
We may revise and update these Conditions of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Online Services thereafter. Your continued use of the Online Services following the posting of revised Conditions of Use means that you accept and agree to the changes. You are expected to check this page as necessary so you are aware of any changes, as they are binding on you as a legal agreement between you and us.
We reserve the right to withdraw or amend the Online Services, and any service or material we provide through the Online Services, in our sole discretion at any time without notice. We will not be liable if for any reason all or any part of the Online Services are unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Online Services, or the entire Online Services, to users, including registered users.
You are responsible for both:
To access the Online Services or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Online Services that all the information you provide on the Online Services are correct, current, and complete. You agree that all information you provide to register with the Online Services or otherwise, including, but not limited to, through the use of any interactive features on the Online Services is provided with your express consent to all actions we take with respect to your information consistent with our privacy notice included in the Online Services processing such information.
If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Online Services or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Conditions of Use or any other agreement between you and us.
The Online Services and its entire contents, features, and functionality (including, but not limited to, all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by us, our licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These Conditions of Use permit you to use the Online Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Online Services, except as follows:
You must not:
You must not access or use for any commercial purposes any part of the Online Services or any services or materials available through the Online Services. If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Online Services in breach of these Conditions of Use, your right to use the Online Services will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Online Services or any content on the Online Services are transferred to you, and all rights not expressly granted are reserved by us. Any use of the Online Services not expressly permitted by these Conditions of Use is a breach of these Conditions of Use and may violate copyright, trademark, and other laws.
As between you and us, we own all names, logos, product and service names, designs, slogans, and trademarks appearing in the Online Services, except where noted. You must not use such marks without our prior written permission.
You may use the Online Services only for lawful purposes and in accordance with these Conditions of Use. You agree not to use the Online Services:
Additionally, you agree not to:
The Online Services may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the Online Services.
All User Contributions must comply with the provisions under the section entitle "Content Standards" set out in these Conditions of Use. Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Online Services, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.
You represent and warrant that:
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not us, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Online Services.
We have the right to:
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Online Services. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we cannot and do not undertake to review all material before it is posted through the Online Services and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:
If you believe the Online Services infringe upon your copyright rights, please forward the following information to us:
You acknowledge that if you fail to comply with all the above requirements, your notice may not be valid.
The information presented on or through the Online Services are made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Online Services, or by anyone who may be informed of any of its contents.
The Online Services may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect our opinion. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
We may update the content on the Online Services from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Online Services may be out of date at any given time, and we are under no obligation to update such material.
Information we collect through the Online Services may be subject to our privacy notice. By using the Online Services, you expressly consent to all actions taken by us with respect to your information as disclosed in our privacy notice.
All purchases through the Online Services or other transactions for the sale of goods or services, or information formed through the Online Services, or resulting from visits made by you, are governed by the terms of sale linked to the applicable Online Services facilitating such purchase or transaction ("Terms of Sale"), which are hereby incorporated by reference into these Conditions of Use. Additional terms and conditions may also apply to specific portions, services, or features of the Online Services where such terms are linked to the applicable Online Services ("Supplemental Terms"). All such Supplemental Terms liked to the applicable Online Services are hereby incorporated by reference into these Conditions of Use.
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part.
The Online Services may provide certain social media features that enable you to:
You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
The Online Services from which you are linking, or on which you make certain content accessible, must comply in all respects with the provisions under the section entitled "Content Standards" set out in these Conditions of Use. You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.
If the Online Services contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Online Services, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
We are based in the State of Ohio in the United States. We provide the Online Services for use only by persons located in the United States and Canada. We make no claims that the Online Services or any of its content is accessible or appropriate outside of the United States and Canada. Access to the Online Services may not be legal by certain persons or in certain countries. If you access the Online Services from outside the United States and Canada, you do so on your own initiative and are responsible for compliance with local laws.
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Online Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.
To the fullest extent provided by law, we will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of the Online Services or any services or items obtained through the Online Services or to your downloading of any material posted on it, or on any Online Services linked to it.
Your use of the Online Services, its content, and any services or items obtained through the Online Services are at your own risk. The Online Services, its content, and any services or items obtained through the Online Services are provided on an "as is" and "as available" basis, without any warranties of any kind, either express or implied. Neither we nor any person associated with the us makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of the Online Services. Without limiting the foregoing, neither we nor anyone associated with us represents or warrants that the Online Services, its content, or any services or items obtained through the Online Services will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that the Online Services or the server that makes them available are free of viruses or other harmful components, or that the Online Services or any services or items obtained through the Online Services will otherwise meet your needs or expectations.
To the fullest extent provided by law, the company hereby disclaims all warranties of any kind, whether express or implied, statutory, or otherwise, including but not limited to any warranties of merchantability, non-infringement, and fitness for particular purpose. The foregoing does not affect any warranties that cannot be excluded or limited under applicable law.
To the fullest extent provided by law, in no event will we, our affiliates, or any of our or their licensors, service providers, employees, agents, officers, or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the Online Services, any websites linked to it, or any content in the Online Services, including any direct, indirect, special, incidental, consequential, or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable. The foregoing does not affect any liability that cannot be excluded or limited under applicable law.
You agree to defend, indemnify, and hold us, and our affiliates, licensors, and service providers, and each of our and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns harmless from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Conditions of Use or your use of the Online Services, including, but not limited to, your User Contributions, any use of the Online Services’ content, services, and products other than as expressly authorized in these Conditions of Use, or your use of any information obtained from the Online Services.
This is a binding legal agreement between you and us, and it may not be altered, supplemented, or amended by any other document, except an amendment signed by you and our authorized representative. All matters relating to the Online Services and these Conditions of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Ohio without giving effect to any choice or conflict of law provision or rule (whether of the State of Ohio or any other jurisdiction) that may provide the application of the law of another jurisdiction. For all disputes not otherwise subject to arbitration in accordance with these Conditions of Use, you agree to submit to the exclusive personal jurisdiction of the state and federal courts in or for Franklin County, Ohio, for the purpose of litigating all such claims or disputes, which courts shall also be the exclusive venue for the litigation such claims and disputes, although for such claims not covered by binding arbitration we retain the right to bring any suit, action, or proceeding against you for breach of these Conditions of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
PLEASE READ THIS SECTION CAREFULLY. YOU AGREE THAT WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS OR REPRESENTATIVE ACTION. FOLLOW THE INSTRUCTIONS BELOW IF YOU WISH TO OPT OUT OF THE REQUIREMENT OF ARBITRATION ON AN INDIVIDUAL BASIS.
You and us agree to resolve any claim, dispute, action, cause of action, issue, or request for relief arising out of or relating to the Online Services or otherwise arising between you and us or our affiliates and each of our and their directors, officers, employees, and contractors exclusively by binding arbitration. Further, you agree arbitration is final and binding, and subject to only very limited review by a court. You also waive your right to any form of appeal, review or recourse to any court or other judicial authority, to the fullest extent allowed by law.
This provision is intended to be interpreted broadly to encompass all disputes or claims between you and us or our affiliates and each of our and their directors, officers, employees, and contractors, including those arising out of or relating to these Conditions of Use and/or the Online Services. Any dispute or claim made by you against us or our affiliates and each of our and their directors, officers, employees, and contractors, or vice versa arising out of or relating to these Conditions of Use and/or the Online Services (whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory) will be resolved by binding arbitration, except that you may take claims to small claims court if they qualify for hearing by such a court.
You must first present any claim or dispute to us by contacting us to allow us an opportunity to resolve the dispute. You may request arbitration if your claim or dispute cannot be resolved within sixty (60) days after presenting the claim or dispute to us. We may request arbitration against you at any time after it has notified you of a claim or dispute. The arbitration of any dispute or claim shall be conducted in accordance with the then current and applicable rules of the American Arbitration Association as modified by these Conditions of Use. The place of any arbitration shall be exclusively Franklin County, Ohio, USA, and shall be conducted in the English language; provided, however, you may request that any or all proceedings within the arbitration be conducted by phone or written submission.
Claims will be heard by a single arbitrator. The arbitrator may not award relief in excess of or contrary to what this agreement provides, order consolidation or arbitration on a class wide or representative basis, award damages aside from the prevailing party’s actual damages, or order injunctive or declaratory relief; except that the arbitrator may award on an individual basis damages required by statute and may order injunctive or declaratory relief pursuant to an applicable consumer protection statute.
Any arbitration shall be confidential, and neither you, nor us nor the arbitrator may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement or appeal of the arbitration award. Judgment on any arbitration award may be entered in any court having proper jurisdiction. If any portion of this arbitration clause is determined by a court to be inapplicable or invalid, then the remainder shall still be given full force and effect. There shall be no right or authority for any claims subject to the arbitration clause to be arbitrated on a class action or consolidated basis or on bases involving claims brought in a purported representative capacity on behalf of the general public (including, but not limited to, as a private attorney general).
We will pay all administrative filing fees for any arbitration that we initiate. All other administration filing fees will be divided between you and us according to the then-current applicable rules of the American Arbitration Association. Each party will bear the expense of its own counsel, experts, witnesses and preparation and presentation of evidence at the arbitration hearing. We will not seek to recover attorneys’ fees from you for any claims filed in arbitration that are not frivolous.
If you do not wish to be bound by arbitration and waive your rights to participate in a class-action, you must notify us in writing by certified United States mail within thirty (30) days of the date that you first access the Online Services after the effective date of these Conditions of Use and include: (i) your name, (ii) your account number or user name, if any, (iii) your mailing address, (iv) name of Online Service to which your request applies or the original purchase receipt showing the product name and date of purchase used in connection with the Online Services, if any, and (v) a statement that you do not wish to resolve disputes with us through arbitration. You must send your notice in care of ScottsMiracleGro, 14111 Scottslawn Road, Marysville, Ohio 43040, Attn: Legal Department. If you do not notify us within the time and method provided, you agree to be bound by the arbitration and class-action waiver provisions of these Conditions of Use.
The requirement of arbitration does not apply to actions for injunctive or other equitable relief to protect confidential information and intellectual property rights or to prevent loss of data or damage to our Online Services or servers in any court of competent jurisdiction.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising between you and us including those that arise out of or are related to use of the Online Services must be filed within one (1) year after such claim or cause of action arose or be forever barred.
No waiver by the Company of any term or condition set out in these Conditions of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Conditions of Use shall not constitute a waiver of such right or provision. If any provision of these Conditions of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Conditions of Use will continue in full force and effect.
These Conditions of Use, together with any applicable Terms of Sale, and any applicable Supplemental Terms constitute the sole and entire agreement between you and us and our affiliates regarding the Online Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Online Services.
You may contact us regarding these Conditions of Use by email at email@example.com, by phone at 888-270-3714, or mail in care of ScottsMiracle-Gro, Attn: Legal Department, 14111 Scottslawn Road, Marysville, Ohio 43041.
Telephone communications with us, including calls with any of our agents or independent contractors, are routinely monitored and/or recorded. You expressly consent, on behalf of yourself and other users of your phone number, to being monitored or recorded. By providing us with a phone number (including mobile) as your contact number, you expressly authorize us to contact you regarding your account for non-telemarketing communications, via text message or telephone, including the use of prerecorded or auto-dialed calls, using that number.
Effective Date: 1 January 2020
Reference (Conditions of Use 3.1.1)