Welcome to GrowBuddy!
Thanks for joining the GrowBuddy community and thanks for using our products and services (“Services”) including our software, website, technology platform, and community forums that we include as part of the Services. The Services are provided by GrowBuddy (“Growbuddy”). By using our Services, you are agreeing to these terms. Please read them carefully.
Our Services are very diverse and always evolving within our community. Sometimes these terms may be amended or additional terms or product requirements may be added without notice, at the sole discretion of GrowBuddy. It is your obligation to monitor this website for changes to this agreement. Any revised terms or additional terms will become part of your agreement with us if you use those Services. Your continued use of this website and/or the Services indicates your continued agreement to these terms as written on the date of each access by you to this website.
Illegal Usage of our Services is Strictly Prohibited
By accessing, using, engaging with, or browsing this website or using the Services, you agree to be bound by these terms and our Privacy Statements (which can be viewed by clicking the following link http://www.growbuddy.com/privacy).
You must follow any policies made available to you within the Services. Don’t misuse our Services. For example, don’t interfere with our Services or try to access them using a method other than the interface and instructions that we provide. You may use our Services only as permitted by law and we reserve the right to suspend or stop allowing you to interact with our Services if you do not comply with our terms or conditions or if it is apparent that you are using our Services for any illegal purposes or if we are investigating suspected misconduct.
It is our expectation that our customers and users of our Services understand the laws that govern their community and will not utilize our Services to conduct any act that may be deemed illegal based on where the activity resides. GrowBuddy does not purport to provide any legal advice nor does it condone any illegal activities.
Some of our Services are available on mobile devices. Do not use such Services in a way that distracts you and prevents you from obeying traffic or safety laws.
Our website and Services are only for the use by those aged 21 and older. Use of this website or our Services by those under 21 years of age is strictly prohibited. The possession, distribution, cultivation, and transmission of cannabis remains illegal under United States federal laws. This website and our Services are intended for use by persons located in only those jurisdictions where such acts are lawful or not unlawful. Cannabis, cannabinoid, or cannabinoid related chemicals remain highly regulated under Colorado law. GrowBuddy does not promote the sale of cannabis. The Services are in no way intended to facilitate the sale of cannabis and any use of the Services for such sale is strictly prohibited.
Using our Services does not give you ownership of any intellectual property rights in our Services or in the content you access. You may not use content from our Services unless you obtain permission from its owner or are otherwise permitted by law. GrowBuddy retains all rights, title, and interest in any development or technology within the framework of our Services, along with any adaptations, modifications, or additions to the Services that may be made by GrowBuddy. The Services, and all ancillary content associated with the Services and this website and all of its contents are the sole property of GrowBuddy. This includes graphics, logos, interface, layout, design, sounds, text, color scheme, blog posts, press releases, product names, and all other materials on this website. You are not entitled to use, in any way, any of the intellectual property associated with the Services, or ancillary content associated with the Services, or this website for any reason without the express written consent of GrowBuddy prior to use.
Our Services, particularly the forums, displays some content that is not generated by GrowBuddy. User-generated content is the sole responsibility of the entity or individual that has produced it. We may review content to determine whether it is illegal, violates our policies or the law, or is simply erroneous. But that does not necessarily mean we review content, so please don’t assume we do. GrowBuddy does not endorse or support any user-generate comments or responses posted in its forums, and your decision to follow any such advice is done at your own peril. You are responsible for complying with all legal obligations and the intellectual property policies related to any use by you of any third-party’s intellectual property displayed on this website. You agree to indemnify and hold harmless GrowBuddy for any use by you of any third-party’s intellectual property or proprietary information displayed on this website.
GrowBuddy retains the absolute right to alter any user-generated content uploaded to this website, including, but not limited to, the right to brand user-generated content with the GrowBuddy logo, trademark, or other identifying marks. If GrowBuddy alters any user-generated content, the user-generated content provider may use the altered content as long as the use does not violate these terms or applicable law.
Your Use of the Services is a Limited License
This website and its content are owned by GrowBuddy and are protected by copyright, trademark, and other intellectual property laws. GrowBuddy provides a personal, worldwide, royalty-free, non-assignable and non-exclusive limited license to use the Services provided to you by GrowBuddy. The license is for the sole purpose of enabling you, your employees, and consultants, under Confidentiality Obligations, to use and enjoy the benefits of the Services as provided by GrowBuddy, in the manner permitted by these terms. You may not copy, modify, distribute, sell, or lease any part of our Services, nor may you reverse engineer or attempt to extract source code.
For purposes of this section, “Confidentiality Obligations” refers to all nonpublic information that is not readily available to non-members of the Services. This includes any source code, user interfaces, functionality, content provided by GrowBuddy or GrowBuddy members within the Service platform, or other features that could be considered proprietary to GrowBuddy.
You may not (1) submit any false or misleading information to this website or use this website to submit any false or misleading information to GrowBuddy or any other party; (2) use this website to access any private network of GrowBuddy, any other private proprietary information belonging to GrowBuddy, or any other information not intended for customer use; (3) upload any harmful computer program or component, including any virus, malware, bot, Trojan, worm, logic bomb, or any other computer component, program or action designed to damage and/or alter this website in any way, or to receive any proprietary information belonging to GrowBuddy; (4) take any action that disrupts or changes the functionality, content, or accessibility of this website, including any act that takes down the website; or (5) use this website in any way for any purpose that is unlawful or in violation of these terms.
Although the use of the Services is free, some extended features may be provided for a fee. The terms of payment for the extended features of the Services will be determined at the time you sign up for GrowBuddy’s Services. If you fail to make the required payments upon their predetermined due dates, GrowBuddy may, at its exclusive and sole discretion, choose to discontinue your access to the extended features, as well as access to GrowBuddy’s Services and updates as they relate to the extended features. At that time all existing data you have recorded will be available though a view-only interface.
Our Warranties and Disclaimers
GrowBuddy provides its Services on an as-is basis and GrowBuddy makes no warranties or guarantees of any kind with respect to this website or its Services. OTHER THAN EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, GROWBUDDY MAKES NO SPECIFIC PROMISES ABOUT THE SERVICES. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTIONS OF THE SERIVCES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. AS STATED ABOVE, WE PROVIDE THE SERVICES “AS-IS”. SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES. GROWBUDDY MAKES NO GUARANTEES THAT THIS WEBSITE IS FREE OF VIRUSES, MALWARE, OR OTHER MALICIOUS COMPUTER PROGRAMS, COMPONENTS OR INFORMATION. YOU AGREE TO USE THIS WEBSITE AT YOUR OWN RISK.
Liability for our Services
WHEN PERMITTED BY LAW, GROWBUDDY WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES, OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARTY, OR PUNITIVE DAMAGES. TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF GROWBUDDY FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES (OR, IF WE CHOOSE, TO SUPPLYING YOU THE SERVICES AGAIN). IN ALL CASES, GROWBUDDY WILL NOT BE LIABALE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
Business Uses of Our Services
If you are using our Services on behalf of a business, that business accepts these terms. It will hold harmless and indemnify GrowBuddy and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.
On occasion, we will update our Services with new features or functions or general fixes. The Services will update automatically once a new version or feature is available. GrowBuddy will attempt to use commercially reasonable efforts to notify its customers in advance of any such downtime.
The laws of Colorado, U.S.A., will apply to any disputes arising out of or relating to these terms or the Services without regard to conflict of laws of that or any other jurisdiction. All claims arising out of or relating to these terms or the Services will be litigated exclusively in the federal or state courts of Denver, Colorado, and you and GrowBuddy consent to personal jurisdiction in these courts. The substantially prevailing party in any such action shall be awarded costs and attorneys’ fees incurred in connection therewith.
About these Terms
We may modify these terms or any additional terms that apply to a Service, for example, reflect changes to the law or changes to our Services. You should look at the terms regularly. We’ll post notice of modified additional terms of the applicable Services on this page, our blog, and as a notice in our software. Any changes or modifications will be deemed effective as of the date of posting. If you do not agree with any modified or added terms, you should discontinue the use of our Services.
If there is a conflict between these terms and the additional terms, the additional terms will control for that conflict.
If you do not comply with these terms, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future).