Conditions of Use

Last updated: March 1, 2023

Welcome to GrowBIGogh.com, GrowBIGogh, Inc and/or its affiliates ("GrowBIG") provide website features and other products and services to you when you visit or shop at GrowBIGogh.com, use GrowBIG products or services, use GrowBIG applications for mobile, or use software provided by GrowBIG in connection with any of the foregoing (collectively, "GrowBIG Services"). By using the GrowBIG Services, you agree, on behalf of yourself and all members of your household and others who use any Service under your account, to the following conditions.

Please read these conditions carefully.

We offer a wide range of GrowBIG Services, and sometimes additional terms may apply. When you use an GrowBIG Service (for example, Your Profile, Gift Cards, GrowBIG Video, Your Media Library, GrowBIG devices, or GrowBIG applications) you also will be subject to the guidelines, terms and agreements applicable to that GrowBIG Service ("Service Terms"). If these Conditions of Use are inconsistent with the Service Terms, those Service Terms will control.

PRIVACY

Please review our Privacy Notice, which also governs your use of GrowBIG Services, to understand our practices.

ELECTRONIC COMMUNICATIONS

When you use GrowBIG Services, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other GrowBIG Services, such as our Message Center, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

COPYRIGHT

All content included in or made available through any GrowBIG Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of GrowBIG or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any GrowBIG Service is the exclusive property of GrowBIG and protected by U.S. and international copyright laws.

TRADEMARKS

Email us to request a list of GrowBIG trademarks. In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any GrowBIG Service are trademarks or trade dress of GrowBIG in the U.S. and other countries. GrowBIG's trademarks and trade dress may not be used in connection with any product or service that is not GrowBIG's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits GrowBIG. All other trademarks not owned by GrowBIG that appear in any GrowBIG Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by GrowBIG.

LICENSE AND ACCESS

Subject to your compliance with these Conditions of Use and any Service Terms, and your payment of any applicable fees, GrowBIG or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the GrowBIG Services. This license does not include any resale or commercial use of any GrowBIG Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any GrowBIG Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; 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 GrowBIG or its licensors, suppliers, publishers, rightsholders, or other content providers. No GrowBIG Service, nor any part of any GrowBIG Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of GrowBIG. 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 GrowBIG without express written consent. You may not use any meta tags or any other "hidden text" utilizing GrowBIG's name or trademarks without the express written consent of GrowBIG. You may not misuse the GrowBIG Services. You may use the GrowBIG Services only as permitted by law. The licenses granted by GrowBIG terminate if you do not comply with these Conditions of Use or any Service Terms.

YOUR ACCOUNT

You may need your own GrowBIG account to use certain GrowBIG 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. Visit Your Account 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. GrowBIG 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 18, you may use the GrowBIG Services only with involvement of a parent or guardian. Parents and guardians may create profiles for teenagers in their GrowBIG Household. Any alcohol, cannabis or tobacco listings on GrowBIG are intended for adults. You must be at least 21 years of age to purchase aforementioned items, if they are even for sale, or use any site functionality related to these products. GrowBIG reserves the right to refuse service, terminate accounts, terminate your rights to use GrowBIG Services, remove or edit content, or cancel orders in its sole discretion.

REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

You may post reviews, comments, photos, videos, 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 (including publicity 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. GrowBIG 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 GrowBIG a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant GrowBIG and sublicensees 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 of 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 GrowBIG for all claims resulting from content you supply. GrowBIG has the right but not the obligation to monitor and edit or remove any activity or content. GrowBIG takes no responsibility and assumes no liability for any content posted by you or any third party.

INTELLECTUAL PROPERTY COMPLAINTS

GrowBIG respects the intellectual property of others. If you believe that your intellectual property rights are being infringed, please email us at info@growbigogh.com

RISK OF LOSS

All purchases of physical items from GrowBIG are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

RETURNS, REFUNDS AND TITLE

GrowBIG 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, GrowBIG does not take title to the refunded item. For more information about our returns and refunds, please see our Returns Policy.

PRODUCT DESCRIPTIONS

GrowBIG attempts to be as accurate as possible. However, GrowBIG does not warrant that product descriptions or other content of any GrowBIG Service is accurate, complete, reliable, current, or error-free. If a product offered by GrowBIG itself is not as described, your sole remedy is to return it in unused condition. 

PRICING

"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 GrowBIG and other retailers. Certain products may have a "Was Price" displayed, which is determined using recent List Price and other  retailer pricing history of the product.

With respect to items sold by GrowBIG, 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 the correct price of an item sold by GrowBIG 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.

SANCTIONS AND EXPORT POLICY

You may not use any GrowBIG Service if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the governments of the country where you are using GrowBIG Services. You must comply with all U.S. or other export and re-export restrictions that may apply to goods, software (including GrowBIG Software), technology, and services. We don’t ship Internationally.  

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THE GROWBIG SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE GROWBIG SERVICES ARE PROVIDED BY GROWBIG ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. GROWBIG MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE GROWBIG SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE GROWBIG SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE GROWBIG SERVICES IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY LAW, GROWBIG DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. GROWBIG DOES NOT WARRANT THAT THE GROWBIG SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE GROWBIG SERVICES, GROWBIG'S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM GROWBIG ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, GROWBIG WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY GROWBIG SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY GROWBIG SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

DISPUTES

Any dispute or claim relating in any way to your use of any GrowBIG Service will be adjudicated in the state or Federal courts in Santa Clara County, California, and you consent to exclusive jurisdiction and venue in these courts. We each waive any right to a jury trial.

APPLICABLE LAW

By using any GrowBIG Service, you agree that applicable federal law, and the laws of the state of California, 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 GrowBIG.

SITE POLICIES, MODIFICATION, AND SEVERABILITY

Please review our other policies, such as our privacy policy, posted on this site. These policies also govern your use of GrowBIG 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.

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OUR ADDRESS

GrowBIGogh, Inc.

320 Kishimura Dr #3

Gilroy, CA 95020 USA

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