Effective Date: September 1, 2022
THESE TERMS OF USE, AS AMENDED FROM TIME TO TIME ("Terms"), ARE A BINDING CONTRACT BETWEEN 2849189 Ontario inc. ("GrowSprouts " or "we") AND YOU ("you"). YOU MUST READ AND AGREE TO THESE TERMS, INCLUDING THE PRIVACY POLICY, BEFORE USING THE GROWSPROUTS WEBSITE AND MOBILE APPLICATION THAT WE PROVIDE OR ANY TOOLS, APPLICATIONS, FEATURES OR FUNCTIONALITY AVAILABLE ON OR THROUGH THE SITE AND THE APP (respectively, the "Website" and the "App"; together, the "Service"). BY USING THE SERVICE, YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SERVICE. THIS SITE AND ITS SERVICES ARE FOR CONSUMER EDUCATIONAL USE ONLY. NOTHING CONTAINED IN THIS SITE IS OR SHOULD BE CONSIDERED, OR USED AS A SUBSTITUTE FOR, MEDICAL ADVICE, DIAGNOSIS OR TREATMENT.
GrowSprouts is a mobile application that makes cultivation of living food a simple and enjoyable process. It helps to grow sprouts in home conditions. The app works seamlessly with all types of sprouting containers, from a simple sprouting jar to automated sprouting solutions.
You must be at least 14 to use the Service.
At any time GrowSprouts may change these Terms, which includes the Privacy Policy and due to changes in the service, technology, industry, practices, the law, or consumer demand. We will provide notice to you of any material change in the Terms by posting notice to the Site or we may send you an email to your GrowSprouts email account or to the non- GrowSprouts email address that we have on record for you. Your continued use of the Service 30 days after our notice to you of a change in the Terms means that you have agreed to the amended Terms.
It is critical that you keep your email contact information correct and updated with GrowSprouts at all times. In addition, we encourage you to check back regularly to review these Terms at least once every 30 days.
We reserve the right to change the URL, modify or discontinue, and restrict or block access to, the Service without notice to you. We may modify or remove any Content from the Service at any time without notice to you, including removal of Content that we believe to be obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable.
Any content available through the Service, including tools, applications, software, text, audio, video, pictures, graphics, music, sound clips, images, likenesses, personal information and other works of authorship (collectively, "Content") is protected by the intellectual property rights of GrowSprouts or its licensors. GrowSprouts , ITS LICENSORS, AND ITS SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT:
By displaying or publishing ("posting") any Content on the Service, you warrant and represent the following:
To post Content on the Site, you must first complete the Site registration process to create an account with a user name and password (the "Account"). Since your user name will be publicly displayed on the Site, do not use your actual first and last name as your user name. You may not share your password with anyone unless you are a minor, in which case you may share your password with your parents or other legal guardians. You must always provide accurate current and complete information to GrowSprouts for the Service. You must update such information in a timely manner to maintain its accuracy and completeness. Any use of the Service through your Account will be deemed as being used by you. GrowSprouts is entitled to rely on the contact and other information that is supplied to us through your Account. Your Account is non-transferable and non-assignable.
You retain ownership of your rights in any Content you post to the Service, subject to the non-exclusive rights that you grant to us as described in these Terms.
Your License to GrowSprouts
At any time you may modify or remove from the service any content consisting of photos, graphics, audio or video that you have submitted or made available for inclusion on or through the Service (but not, for clarity, any Content solely in the form of text that you have posted to the public areas of the site). Your removal of such Content from the Service will terminate our license to such Content. But if prior to such removal or modification, GrowSprouts has distributed, or developed specific plans to distribute, any electronic, printed, or other materials containing such Content (e.g., in advertising, promotion or otherwise), then GrowSprouts and its licensees have a limited right to continue to distribute those materials. You may terminate this limited license by sending us written notice to stop distributing the materials, in which event we will stop distributing the materials within 30 days. Your notice must be sent to support@GrowSprouts.net, have a subject heading of "REMOVE CONTENT," and include your telephone number and email address. In addition, the notice must clearly identify the Content at issue and contain statements that you own or have an exclusive right to the Content and that all the information in the notice is true and correct. The 30 day period for GrowSprouts to stop distributing your Content begins only once GrowSprouts has received a notice complying with the requirements of this Section.
When you submit ideas, suggestions, documents, or proposals (collectively, "Submissions") to support@GrowSprouts.net, you represent, warrant, and agree that: (i) your Submissions do not include confidential or proprietary information; (ii) if we so choose, GrowSprouts may use and disclose your Submissions in any way; and (iii) GrowSprouts has no obligation to pay or reimburse you for your Submissions or our use of your Submissions.
You must not post to the Service any Content that, as reasonably determined by GrowSprouts is:
A. untrue, misleading, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive to another person's privacy or protected data, hateful, or racially or otherwise objectionable;
B. infringing upon a third party's intellectual property rights, including any patent, trademark, trade secret, copyright, or right of publicity, or content that is the subject of any claim of infringement;
C. of a type that you do not have a right to transmit under any law or under contractual or fiduciary relationships, such as proprietary and confidential information;
D. unsolicited, undisclosed or unauthorized advertising;
E. software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
F. data or information obtained through access that was not authorized by the owner, or that you are not authorized to post; or
G. in violation of any applicable local, state, national or international law (including export laws).
You must not do, or attempt to do, any of the following, as reasonably determined by GrowSprouts , subject to applicable law:
IF YOU SEND UNSOLICITED COMMERCIAL EMAIL OR ADVERTISING, BULK EMAIL, SPAM, OR CHAIN LETTERS (COLLECTIVELY, "UNSOLICITED EMAIL OR OTHER COMMUNICATION") THROUGH THE SERVICE, YOU ACKNOWLEDGE THAT YOU WILL HAVE CAUSED SUBSTANTIAL HARM TO GrowSprouts , BUT THAT THE AMOUNT OF THE HARM WOULD BE EXTREMELY DIFFICULT TO ASCERTAIN. AS A REASONABLE ESTIMATION OF SUCH HARM, YOU WILL PAY LICENSOR $40 FOR EACH SUCH UNSOLICITED EMAIL OR OTHER COMMUNICATION.
We are under no obligation to restrict or monitor the Service or any Content in any way. IT WOULD BE IMPOSSIBLE FOR GrowSprouts TO MONITOR THE ACCURACY OR RELIABILITY OF ALL OF THE CONTENT AVAILABLE THROUGH THE SERVICE. However, we reserve the right to modify or remove any Content at any time. Some of this monitoring may be done by users of the Service who have volunteered their time. Any opinions, advice, statements, services, offers, or other information or Content expressed or made available by third parties, including other users, are those of the respective author(s) and not of GrowSprouts . GrowSprouts neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, information, or statement made on the Service.
GrowSprouts has the right, but not the obligation to attempt to resolve disputes between users relating to the Service and GrowSprouts's resolution of a particular dispute does not create an obligation to resolve any other dispute. GrowSprouts's resolution of any dispute is final with respect to the Service.
You must respect the intellectual property laws protecting our Service. GrowSprouts grants you a limited, revocable, non-transferable, non-sublicensable, non-exclusive license, under the rights GrowSprouts has in the Content, to privately display and perform the Content on your computer for your own personal, noncommercial purposes.
On its own behalf and the behalf of its licensors, GrowSprouts reserves all rights in the Content, including any software, not expressly granted in this Section. GrowSprouts does not in any way grant any other rights to you. Except as expressly stated in this Section, you may not reproduce, distribute, modify, publicly perform or display, or prepare derivative works of any Content, including any software, without prior written consent from GrowSprouts or other third-party owner of the rights in that Content (if any).
Please see our Privacy Policy. Our Privacy Policy is part of and incorporated into these Terms. We reserve the right to contact you about these Terms or any Content or activities relating to the Service.
We may, at any time, without notice to you, terminate your access to the Service, and your Account, or block your access to the Service if:
If applicable law requires us to provide notice of termination or cancellation, we may give prior or subsequent notice by posting it on the Site or by sending a communication to any address (email or otherwise) that we have for you in our records.
Upon termination of your Account or the Service, your agreement with GrowSprouts pursuant to these Terms will also terminate, except that the following provisions survive the termination: "Posting Content on the Service; Representations and Warranties", "Ownership of Rights; License Rights; User Submissions", "Protection of Content", "Indemnification", "Disclaimer of Warranties", "Exclusion of Damages; Limitation of Liability" and "Additional Terms" and the Privacy Policy. If your Account or access to the Service is terminated, you may no longer have access to the Content you posted on the Service.
The Service contains advertisements, offers, or other links to websites of third parties that we do not control. Advertisements and other information provided by third parties may not be wholly accurate. GrowSprouts does not endorse or recommend any of the products or services advertised on the Service. GrowSprouts is not responsible or liable for (i) the availability or accuracy of such sites or advertisements; or (ii) the content, products or services available from such sites. The inclusion of any link on the Service does not imply that we endorse the linked site. You use the links at your own risk. GrowSprouts Privacy Policy is applicable only when you are on our Site. Once you link to another website, its privacy statement applies to any personal information you supply.
Your transactions and other dealings with third party merchants or advertisers that are found on or through the Service, including "click to purchase," "co-registration," and other similar programs, including payment and delivery of related goods or services, are solely between you and such merchant or advertiser.
You agree to hold GrowSprouts owner and its subsidiaries, affiliates, officers, directors, employees, agents, attorneys, independent contractors, licensors, experts, content providers, advisors, vendors, and suppliers, and each of their respective successors and assigns (collectively, the "Indemnified Persons"), harmless from, and indemnify them for, all damages, costs, expenses and other liabilities, including reasonable attorneys' fees and expenses, relating to any claim arising out of or related to: (i) your access to and use of the tools, software, and other aspects of the Service and the Content; (ii) your violation of these Terms, and any applicable law or the rights of another person or party; (iii) any dispute you have with any user of the Service and any dispute you have related to any merchant or advertising found on or through the Service; (iv) GrowSprouts's resolution (if any) of any dispute you have with any user of the Service; (v) your improper authorization for GrowSprouts to collect, use or disclose any Content provided by you; and (vi)any disclosures made with your permission.
THE SERVICE IS FOR CONSUMER EDUCATIONAL USE ONLY. NOTHING CONTAINED IN THIS SITE OR THE SERVICE IS OR SHOULD BE CONSIDERED, OR USED AS A SUBSTITUTE FOR, MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. THIS SITE AND THE SERVICES DO NOT CONSTITUTE THE PRACTICE OF ANY MEDICAL, NURSING OR OTHER PROFESSIONAL HEALTH CARE ADVICE, DIAGNOSIS OR TREATMENT.
GrowSprouts DOES NOT RECOMMEND OR ENDORSE ANY SPECIFIC TESTS, PHYSICIANS, PRODUCTS, PROCEDURES, OPINIONS, OR OTHER INFORMATION THAT MAY BE MENTIONED ON THE SERVICE. RELIANCE ON ANY INFORMATION PROVIDED BY GrowSprouts , GrowSprouts EMPLOYEES, OTHERS APPEARING ON THE SITE AT THE INVITATION OF GrowSprouts, OR OTHER VISITORS TO THE SERVICE IS SOLELY AT YOUR OWN RISK.
WE, AND OUR CONTENT PROVIDERS, CANNOT AND DO NOT GUARANTEE OR WARRANT AGAINST ERRORS, OMISSIONS, DELAYS, INTERRUPTIONS OR LOSSES, INCLUDING LOSS OF DATA. USERS OF THE SERVICE ARE RESPONSIBLE FOR MAINTAINING A MEANS EXTERNAL TO GrowSprouts FOR THE RECONSTRUCTION OF ANY LOST DATA. GrowSprouts PROVIDES THE SERVICE "AS IS" AND "AS AVAILABLE". THAT MEANS THAT THE INFORMATION CONTAINED ON OR PROVIDED THROUGH THIS SERVICE IS INTENDED FOR GENERAL CONSUMER UNDERSTANDING AND EDUCATION. ANY ACCESS TO THIS SITE IS VOLUNTARY. WE WILL REGARD ALL ACCESS AS VOLUNTARY AND AT THE SOLE RISK OF THE USER. TO THE MAXIMUM EXTENT PERMITTED BY LAW, GrowSprouts MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICE OR THE INFORMATION, TOOLS, SOFTWARE, OR CONTENT INCLUDED IN THE SERVICE. GrowSprouts MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, SECURE, OR TIMELY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, GrowSprouts EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND THOSE ARISING FROM A COURSE OF DEALING, TRADE, USAGE OR PERFORMANCE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, AND THEREFORE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. WE URGE YOU TO KEEP BACKUP COPIES OF YOUR PERSONAL CONTENT, IF ANY, THAT YOU MAINTAIN ON OR USE WITH THE SERVICE. IF YOUR USE OF THE SERVICE RESULTS IN THE NEED FOR SERVICING OR REPLACING PROPERTY, MATERIAL, EQUIPMENT OR DATA, WE ARE NOT RESPONSIBLE FOR ANY RESULTING COSTS OR DAMAGES.
To the maximum extent permitted by law, none of the indemnified persons are liable to you or any other person for indirect, incidental, punitive, exemplary, special, statutory, or consequential damages, lost profits, lost revenue, loss of data, loss of privacy, loss of goodwill or any other losses, even if advised of the possibility of such damages and even in the event of fault, tort (including negligence) or strict or product liability. Without limiting the foregoing, in no event will the aggregate liability to you of the indemnified persons exceed, in total, the amounts paid by you to us.
GrowSprouts respects the intellectual property rights of others and requests that users of the Service do the same. If you believe that your work is being used on the Service in a way that constitutes copyright infringement, you may notify us by providing our copyright agent with the following information in writing:
Our designated agent to receive notification of claimed infringement can be reached at support@GrowSprouts.net
It is our policy to terminate in appropriate circumstances any account or user for repeated infringement of intellectual property rights, including copyrights, and we also reserve the right to terminate an Account or user for even one instance of infringement.
GrowSprouts may access, preserve and disclose to third parties any of your information or data (including personally identifiable information and private communications) related to a written complaint of copyright infringement if we believe in our sole discretion that such access, preservation, or disclosure is necessary or useful to respond or otherwise address such complaint.
We have no obligation to provide customer support. However, we may provide you with customer support from time to time, at our sole discretion, if you have created an account and you submit your customer support questions using your account.
Except as otherwise provided in these Terms, GrowSprouts will give you any notices by posting them on the Site. Since notice of any material change to the Terms will be posted to the Site for at least 30 days, we encourage you to visit the Site at least that often. You also authorize GrowSprouts to send notices (including notice of subpoenas or other legal process, if any) via electronic mail that we have on record for you. You must check the Site for notices, and you will be considered to have received a notice when it is made available to you by posting on the Site or when sent by GrowSprouts via electronic mail, whether or not received by you. With the exception of notices related to removal of licensed material and to copyright infringement, you must send us any notice to support@GrowSprouts.net
All of your transactions with or through the Service may, at our option, be conducted electronically from start to finish. If we decide to proceed non-electronically, those services will still be governed by the remainder of these Terms unless you enter into different terms on a form provided by us. If the law allows you to withdraw this consent or if we are ever required to deal with you non-electronically, we reserve the right to charge or increase fees and you agree to print or make an electronic copy of the Terms and any other contract or disclosure that we are required to provide to you.
These Terms do not create any agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship. Except for the Indemnified Persons, there are no third party beneficiaries of these Terms.
If any part of the Terms is held by a court of competent jurisdiction to be invalid or unenforceable, the invalid or unenforceable part will be given effect to the greatest extent possible and the remainder will remain in full effect, provided that the allocation of risks described in these Terms is given effect to the fullest extent possible.
These Terms are personal to you and you may not transfer, assign or delegate them to anyone without the express written permission of GrowSprouts . Any attempt by you to assign, transfer or delegate these Terms without the express written permission of GrowSprouts will be null and void. GrowSprouts has the right to transfer, assign and delegate these Terms to one or more third parties without your permission.
Any action concerning any dispute with respect to the Service must be commenced within one year after the cause of the dispute arises, or the cause of action is barred.
These Terms (including terms incorporated into them, e.g., the Privacy Policy) and any policies and guidelines posted to the Service by GrowSprouts comprise the entire agreement (the "Entire Agreement") between you and GrowSprouts with respect to the use of the Service and supersede all contemporaneous and prior agreements between the parties regarding the subject matter contained herein, and neither party has relied on any representations made by the other that are not expressly set forth in the Entire Agreement.
The failure of any party to exercise or enforce any right or provision of these Terms, including any failure to act with respect to a breach, will not constitute a waiver of such right or provision or that party's right to act with respect to subsequent or similar breaches. We suggest that you print out a copy of these Terms for your records.
All users are hereby informed by the provider of this interactive computer service that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist in limiting access to material that is harmful to minors.
GrowSprouts may offer certain programs as part of the GrowSprouts Service which require a subscription ("Subscription Program"). If you participate in the Subscription Program, the following Subscription Program Terms apply, and are governed by the Terms of Use, above, which are incorporated herein by reference. In the event of a conflict between these Subscription Program Terms and the Terms of Use, these Program Terms will control.
You must be at least 18 years old to purchase a subscription to the Subscription Program, which is intended for adults age 18 and over. If you are a parent or guardian purchasing a subscription to the Subscription Program for use by your 13 to 17-year-old child (together, and as applicable, "you"), you acknowledge that the Content may not be appropriate for all age groups, and agree to supervise and assume responsibility for all such use by your child. If we accept you in the Subscription Program, you may privately view the Content made available to you through the Service on your device for your own personal non-commercial purposes. You may not copy, store, modify, download, distribute or create derivative works from the Content. Any login credentials made available to you, or utilized by you, in connection with the Subscription Program must be kept confidential, and may not be shared, sold or otherwise distributed to any other person or entity.
Your participation in the Subscription Program will commence on the day of your successful registration. If you register pursuant to one of our free trial offers (each such offer, part of the Service), you may cancel at any time without charge during the free trial period described in such offer ("Free Trial Period") by following the instructions applicable to the Subscription Program displayed via the Service. If you have not submitted a valid cancellation during such Free Trial Period, we will begin to charge your credit card or alternate payment method accepted by us ("Your Payment Method") the subscription rate described in the Service upon expiration of the Free Trial Period. If you do not register pursuant to one of our free trial offers, we will begin to charge Your Payment Method the subscription rate described in the Service upon your successful registration. The "Initial Term" is the initial term applicable to your subscription described in the Service, following expiration of any Free Trial Period. You may not participate in more than one Free Trial Period.
When you purchase a subscription to the Subscription Program, you initially will be charged the rate applicable at the time of purchase, which rate will be displayed via the Service. If we subsequently increase the rate, we will notify you via the contact information you provided through the Service. You are responsible for ensuring via the Service that your billing and contact information is accurate and up-to-date. The increased rate will apply to the next payment due from you after the notice, provided that you have been given at least 10 days prior notice before the charge is made. If you are given less than 10 days prior notice, the rate increase will not apply until the payment after the next payment is due. We may also require you to follow additional rules, guidelines or other conditions in order to participate in certain promotions or activities available through the Subscription Program, to obtain certain premium Content, or for other reasons. These additional terms will be made available through the Service and are part of these Subscription Program Terms, and you agree to comply with them when you participate in those promotions, or otherwise engage in activities governed by such additional terms. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members ("Credits"). The amount and form of such Credits, and the decision to provide them, are at our sole and absolute discretion.
Your subscription to the Subscription Program will continue until terminated by you or us. YOUR SUBSCRIPTION WILL BE AUTOMATICALLY RENEWED FOLLOWING THE INITIAL TERM FOR ROLLING PERIODS EQUIVALENT TO THE INITIAL TERM (each such period, a "RENEWAL TERM"), AND YOUR PAYMENT METHOD WILL BE CHARGED THE APPLICABLE SUBSCRIPTION RATE IN ADVANCE, ON THE FIRST DAY OF EACH ROLLING RENEWAL TERM FOLLOWING EXPIRATION OF THE INITIAL TERM. IF YOU DO NOT DESIRE TO HAVE YOUR SUBSCRIPTION AUTOMATICALLY RENEWED, YOU MUST TERMINATE YOUR SUBSCRIPTION AS SET FORTH IN SECTION E BELOW.
You may terminate your subscription for any reason by following the instructions applicable to the Subscription Program displayed via the Service; however, there are no refunds or credits for partially used periods. Your valid termination notice will take effect at the end of the current rolling Renewal Term in which such notice was provided to us ("Termination Effective Date")," provided you follow the Service instructions regarding termination. For clarity, correspondence with our customer support team will not constitute a valid termination notice from you. We may, in our sole discretion, terminate, suspend or modify the Subscription Program or any feature thereof, or your access thereto, at any time, with or without notice, and without refunds, credits or reimbursements.
WE ASSUME NO RESPONSIBILITY FOR AND MAKE NO WARRANTY OR REPRESENTATION AS TO: (i) THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY, OR USEFULNESS OF THE SUBSCRIPTION PROGRAM, SERVICE OR CONTENT (INCLUDING DESCRIPTIONS THEREOF) DISTRIBUTED OR MADE AVAILABLE THROUGH OR OUTSIDE THE SERVICE; OR (ii) ANY RESULTS THAT MAY BE OBTAINED FROM USE OF THE SUBSCRIPTION PROGRAM, SERVICE OR CONTENT. By participating in the Subscription Program, you understand that exercise involves strenuous physical movement, and that such activity carries the risk of injury, whether physical or mental. You understand that it is your responsibility to judge your physical and mental capabilities for such activities. It is your responsibility to ensure that, by participating in the Subscription Program, you will observe and not exceed any mental or physical conditions and/or limitations you have (including dietary restrictions or requirements).
You and 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. Any cause of action you may have with respect to the Subscription Program must be commenced within 1 year after the cause of action arises, notwithstanding any statute(s) of limitation to the contrary. We may update or amend these Subscription Program Terms from time to time as set forth in the Terms of Use.
You can edit your Personal Data on your account at any time.
We may restrict any changes being made to any report produced about You, if we are of the opinion that such report is not a fair and true representation of You.
We will endeavor to correct any material errors in your Personal and Shared Data that You make us aware of.
You may delete your account through the Profile screen, verifying your password and clicking DELETE button to terminate the account. We may, in accordance with applicable law, however, retain certain aspects of your account and other Personal Data for the purposes of maintaining records of our dealings with You, analysis and/or statistics.
Please note that:Information (including photo and video resources) that You have shared with others and that others have shared about You is not part of your account and will not be deleted when You delete your account or request that information about You be deleted;