Terms & Conditions
PLEASE REVIEW THE TERMS OF THIS AGREEMENT CAREFULLY. IF YOU DO NOT AGREE TO THIS AGREEMENT IN ITS ENTIRETY, YOU ARE NOT AUTHORIZED TO USE THE GROWHAUS OFFERINGS IN ANY MANNER OR FORM.
THIS AGREEMENT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
Welcome to The GrowHaus. These terms and conditions (this “Agreement”) govern when you: (a) access or use the The GrowHaus website or any other online platform for The GrowHaus (collectively, the “Site”); (b) access and/or view any of the video, audio, stories, text, photographs, graphics, artwork and/or other content featured on the Site; (c) sign up to receive the The GrowHaus’ Food Box subscription delivery service (“The GrowHaus Subscription Service”), and/or any other products or services offered by The GrowHaus Subscription Service from time to time (collectively, with The GrowHaus Subscription Service, “The GrowHaus"); (e) access links to The GrowHaus social media pages/accounts on third-party social media websites or mobile or other platforms, such as Facebook®, Instagram®, Pinterest®, LinkedIn®, Twitter®, Snapchat®, and YouTube® (collectively, “Social Media Pages”); (f) enter one of the sweepstakes, contests and/or other promotions offered or conducted by The GrowHaus from time-to-time (collectively, “Promotions”); and/or (g) utilize the many interactive features of the Site and/or App designed to facilitate interaction between you, The GrowHaus and other users of the Site, respectively, including, but not limited to, blogs and associated comment sections located in designated areas of the Site, as applicable (collectively, the “Interactive Services” and together with the Site, Content, The GrowHaus Service, Social Media Pages and Promotions, the “GrowHaus Offerings”). By using The GrowHaus Offerings, you acknowledge that you have read, understood, and agree to be legally bound by this Agreement and have read and understand our Privacy Policy. Further, you agree to enter into a legal binding agreement with The GrowHaus. Please do not access or use The GrowHaus Offerings if you are unwilling or unable to be bound by this Agreement. The GrowHaus Offerings are based and operated in the United States. We make no claims concerning whether the content may be downloaded, viewed, or be appropriate for use outside of the United States. If you access the Service or the Content from outside of the United States, you do so on your own initiative and at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
We may modify this Agreement from time to time at our sole discretion. When changes are made, we will notify you by making the revised version available on this webpage, and will indicate at the top of this page the date that revisions were last made. You should revisit this Agreement on a regular basis as revised versions will be binding on you. Any such modification will be effective upon our posting of new terms and conditions. You are responsible for staying informed of any changes and are expected to check this page from time to time so you are aware of any changes. You understand and agree that your continued access to or use of The GrowHaus Offerings after any posted modification to this Agreement indicates your acceptance of the modifications. If you do not agree with the modified terms and conditions, you should stop using the The GrowHaus Offerings.
Eligibility
By using The GrowHaus Offerings, you represent that you are at least eighteen (18) years of age (or the applicable age of majority if greater than eighteen (18) years of age in your jurisdiction), and have the requisite power and authority to enter into the Agreement and perform your obligations hereunder.
Registration
During the registration process, you will be asked to create an account and establish a password. Your account is for your personal, non-commercial use only. In creating it, we ask that you provide complete and accurate information. Please read our Privacy Policy on how this information will be used. You are responsible for maintaining the confidentiality of your account password and you are responsible for all activities that occur in connection with your account made by you or anyone you allow to use your account. You agree to safeguard your account password from access by others. You agree to indemnify and hold harmless The GrowHaus for losses incurred by The GrowHaus or another party due to someone else using your account or password. The GrowHaus has the right to disable any user name, password or other identifier, whether chosen by you or provided by The GrowHaus, at any time, in its sole discretion for any or no reason, if, in our opinion, you have violated any provisions of this Agreement.
The GrowHaus reserves the right to withdraw or amend The GrowHaus Offerings, and any service or material we provide on the Site or Social Media Pages, in its sole discretion without notice. The GrowHaus will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, The GrowHaus may restrict access to some parts of The GrowHaus Service, or the entire The GrowHaus Service, to users, including registered users.
Nutrition Information
The GrowHaus does not guarantee the accuracy of any nutritional information provided by The GrowHaus. The GrowHaus will not be responsible for any loss or damage resulting from your reliance on nutritional information, nor for ensuring that whatever foods you purchase or consume are in accordance with your respective dietary needs, restrictions or preferences. Please note that excluding categories from your profile does not guarantee that your food box will exclude certain food product ingredients which may contain those products. As such, you should always check the ingredients associated with any products that you receive from The GrowHaus to avoid potential allergic reactions. If you have or suspect that you have an allergic reaction or other adverse health event, promptly contact your health care provider.
Blog posts and other Content on the Site or in the media information may contain recipes, meal recommendations, dietary advice (collectively, the “Dietary Advice”) and the food products delivered in connection with The GrowHaus Service (collectively, the “Dietary Options”) will contain various ingredients. You should always consult with your physician or other healthcare professional before adopting any Dietary Advice or partaking in any Dietary Options, whether offered by and through The GrowHaus Offerings or otherwise. The Dietary Advice and/or Dietary Options may include ingredients that you are allergic to. You should always check the ingredients associated with any Dietary Advice and Dietary Options to avoid potential allergic reactions. If you have or suspect that you have an allergic reaction or other adverse health event, promptly contact your health care provider.
The GrowHaus Billing
When you first sign up for a subscription to The GrowHaus Food Boxes subscription, you are charged only for the first week of the subscription at the time of your subscription selection. All subscriptions are continuous subscription plans, and you will be charged the applicable price listed for the subscription that you select on a weekly basis. If you wish to cancel or modify your subscription to a subscription, you can do so at any time as described in the “Cancel (Check our FAQs) or Modify a Subscription” section below; however, except as otherwise noted below, any amounts charged to or paid by you prior to such cancellation or modification will not be refunded, and cancellations or modifications may not impact any order for which you have already been charged, depending on the status of the order.
The GrowHaus may change the price of a subscription or products, introduce new subscriptions or products, or remove subscriptions or products from time to time, and will communicate any price or Plan changes to you in advance in accordance with the “Notice” section of this Agreement. Price and subscriptions changes will take effect as of the next billing period following the date on which GowHaus provided notice to you of the price or subscription change. By continuing to use The GrowHaus Service after the effective date of a price or subscription change, you indicate your acceptance of such price or subscription change. If you do not agree with a price or subscription change, you have the right to reject the change by cancelling your subscription(s) prior to the effective date of the price or subscription change. Please make sure that you read any notifications of price or subscription changes carefully.
Applicable sales tax may be charged on your order based on local and state laws.
You are fully responsible for all activities that occur under your account, and you agree to be personally liable for all charges incurred under your account based on your delivery status as of the specified deadline. Your liability for such charges shall continue after termination of this Agreement.
WHEN YOU REGISTER FOR THE GROWHAUS SUBSCRIPTION SERVICE (AND EACH TIME YOU CHANGE YOUR SUBSCRIPTION OR ORDER) YOU EXPRESSLY AUTHORIZE AND AGREE THAT THE GROWHAUS AND/OR OUR THIRD PARTY PAYMENT PROCESSOR IS AUTHORIZED TO AUTOMATICALLY CHARGE YOUR PAYMENT METHOD (AS DEFINED BELOW) ON A WEEKLY, RECURRING BASIS IN AN AMOUNT EQUAL TO THE THEN-EFFECTIVE RATE FOR YOUR PLAN, TOGETHER WITH ANY APPLICABLE TAXES AND SHIPPING (the “PLAN RATE”), FOR AS LONG AS YOU CONTINUE TO USE THE THE GROWHAUS SUBSCRIPTION SERVICE, EXCEPT ON WEEKS YOU CHOOSE TO SKIP PRIOR TO THE SPECIFIED DEADLINE OR UNLESS YOU CANCEL YOUR FOOD BOX SUBSCRIPTION SERVICE IN ACCORDANCE WITH THIS AGREEMENT. YOU ACKNOWLEDGE AND AGREE THAT THE GROWHAUS WILL NOT OBTAIN ANY ADDITIONAL AUTHORIZATION FROM YOU FOR SUCH AUTOMATIC, RECURRING PAYMENTS. IN ADDITION, YOU AUTHORIZE US (AND/OR OUR THIRD PARTY PAYMENT PROCESSOR) TO CHARGE YOUR PAYMENT METHOD FOR ANY ADDITIONAL OFFERINGS PURCHASED BY YOU FROM TIME TO TIME OUTSIDE OF OR IN EXCESS OF YOUR PLAN, PLUS ANY APPLICABLE TAXES AND SHIPPING. EVERY TIME THAT YOU USE THE GROWHAUS FOOD BOX SERVICE, YOU RE-AFFIRM THAT THE GROWHAUS IS AUTHORIZED TO CHARGE YOUR PAYMENT METHOD AS PROVIDED IN THE AGREEMENT, AND TO HAVE ALL APPLICABLE FEES AND CHARGES APPLIED TO SAME.
Cancel or Modify a Subscription
Following your subscription or order selection and placement and receipt of your first weekly order, you may cancel or modify a subscription or order at any time online by by emailing us at foodboxes@thegrowhaus.org To avoid being charged for placed orders that you no longer wish to receive in the event of a subscription cancellation, you must cancel prior to the date when you are to be charged for your next order, which is emailed to you each week and also displayed on Deliveries. The last day to make changes or to cancel your subscription is the Sunday (midnight) before your weekly delivery.
If you cancel a subscription or order before receiving your first order, your first order may or may not be cancelled and related amounts paid may or may not be refunded to you, depending on factors including the status of your boxes in our production process, and any promotions applied. You will be notified at the time of cancellation if any of your charged orders will be cancelled and refunded, To confirm, email us at foodboxes@thegrowhaus.org
Food Substitution Policy
Although The GrowHaus takes every reasonable measure to have sufficient inventory to fill your order, availability of product(s) may change without notice. The GrowHaus is not responsible for the unavailability of product due to popular demand, whether discontinued or still in production.
In the completion of orders, The GrowHaus reserves the right to substitute a similar product. Substituted food items may contain different ingredients and allergens than those in items originally ordered. Prior to consumption, please be sure to carefully check all individual product packages for the most updated information regarding ingredients and nutritional content for any/all of The GrowHaus’s food products, including new and improved items, if you have any food allergies or if you are otherwise concerned about any particular ingredients.
Please Note: TheGrowHaus’s food boxes and additional items may contain or may have been manufactured in a facility that also processes: dairy, eggs, fish, shellfish, soy, and tree nuts.
Shipping
We use third-party carriers to deliver your food packages and provide you with tracking information for every package. It is very important that you provide us with the proper shipping information and any special instructions that the delivery driver may need.
Content
The Site contains Content which includes, but is not limited to, information pertaining The GrowHaus Offerings, as well as regularly updated blog posts and third party links. The Content is offered for informational purposes only and is at all times subject to the disclaimers contained herein, and on the Site.
The GrowHaus intellectual Property
The Site, and all associated Content, design, text, graphics, and interfaces; as well the collection, selection, and arrangement thereof; and all associated software (collectively, the “The GrowHaus Materials”), are the sole and exclusive property of, or duly licensed to The GrowHaus. The GrowHaus materials are copyrighted as a collective work under the laws of the United States and other copyright laws. The GrowHaus holds the copyright in the collective work. The collective work includes works which may be property of other members. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download portions of the material from the different areas of the Site solely for your own non-commercial use, unless otherwise permitted (e.g., in the case of electronic coupons, etc.). Any redistribution, retransmission or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner. You agree not to change or delete any proprietary notices from materials downloaded from the Site.
The GrowHaus Materials (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by The GrowHaus or its affiliates, its 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.
This Agreement permits you access to the Site for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store or transmit any of the material on our Site.
You must not (i) modify copies of any materials from the Site; (ii) use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text, and (iii) delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Site. You must not access or use for any commercial purposes any part of the Site and or any services or materials available through the Site.
If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Site In breach of this Agreement, your right to use the Site will cease 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 Site or any content on the Site is transferred to you, and all rights not expressly granted are reserved by The GrowHaus. Any use of the Site not expressly permitted by this Agreement is a breach of this Agreement and may violate copyright, trademark and other laws.
Trademarks
The GrowHaus name, logo and all related names, logos, product and service names, designs and slogans are trademarks of The GrowHaus or its affiliates or licensors. You must not use such marks without the prior written permission The GrowHaus. All other names, logos, product and service names, designs and slogans on the Site is the trademarks of their respective owners.
Facebook® and Instagram® are registered trademarks of Facebook, Inc. (“Facebook”). LinkedIn® is a registered trademark of LinkedIn Corporation (“LinkedIn”). Pinterest® is a registered trademark of Pinterest, Inc. (“Pinterest”). Twitter® is a registered trademark of Twitter, Inc. (“Twitter”). Snapchat® is a registered trademark of Snapchat, Inc. YouTube® is a registered trademark of Google, Inc. (“Google”). Please be advised that The GrowHaus is not in any way affiliated with Facebook, Google, LinkedIn, Pinterest or Twitter, and the The GrowHaus Offerings are not endorsed, administered or sponsored by any of those parties.
Policy/DMCA Compliance
If you believe any materials accessible on or from the Site infringe your copyright, you may request removal of those materials (or access thereto) from the Site by contacting The GrowHaus (as set forth below) and providing the following information:
Identification of the copyrighted work that you believe to be infringed. Please describe the work and, where possible, include a copy or the location (e.g., URL) of an authorized version of the work.
Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
Your name, address, telephone number, and e-mail address.
A statement that you have a good faith belief that the complained use of the materials is not authorized by the copyright owner, its agent, or the law.
A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury”, you are the copyright owner or are authorized to act on the copyright owner’s behalf.
A signature or the electronic equivalent from the copyright holder or authorized representative.
Send this information by mail to The GrowHaus 3840 York St. Ste 245 Denver, CO 80205. In an effort to protect the rights of copyright owners, The GrowHaus maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of the Site who are repeat infringers.
Changes to the Site
The GrowHaus may update the content on the Site from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Site may be out of date at any given time, and The GrowHaus is under no obligation to update such material.
Information About You and Your Visits to the Site
All information we collect on this Site is subject to our Privacy Policy. By using the Site and, you consent to all actions taken by The GrowHaus with respect to your information in compliance with the Privacy Policy.
Online Purchases and Other Terms and Conditions
All purchases through this Site or other transactions for the sale of goods or services or information formed through the Site or as a result of visits made by you are governed by this Agreement.
Additional terms and conditions may also apply to specific portions, services or features of the Site. All such additional terms and conditions are hereby incorporated by this reference into this Agreement.
Links from the Site
If the Site 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. The GrowHaus has no control over the contents of those sites or resources, and accepts 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 this Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
The Site 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 GrowHaus, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of The GrowHaus. The GrowHaus is not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Warranties
THE GROWHAUS OFFERINGS AND/OR ANY OTHER CONTENT, INFORMATION, PRODUCTS AND/OR SERVICES OFFERED BY AND THROUGH SAME ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED STATUTORY OR OTHERWISE, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, THE GROWHAUS MAKES NO WARRANTY THAT THE THE GROWHAUS OFFERINGS AND/OR ANY OTHER CONTENT, INFORMATION, PRODUCTS AND/OR SERVICES OFFERED BY AND THROUGH SAME: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED; (C) WILL BE FREE OF HARMFUL COMPONENTS; (D) WILL RESULT IN ANY SPECIFIC DIETARY BENEFIT, WEIGHT LOSS OR OTHER HEALTH-RELATED OUTCOME; AND/OR (E) WILL BE ACCURATE OR RELIABLE. THE GROWHAUS OFFERINGS AND/OR ANY OTHER CONTENT, INFORMATION, PRODUCTS AND/OR SERVICES OFFERED BY AND THROUGH SAME MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. THE GROWHAUS WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET AND/OR MOBILE NETWORK CONNECTION ASSOCIATED WITH THE GROWHAUS OFFERINGS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE GROWHAUS OR OTHERWISE THROUGH OR FROM THE GROWHAUS OFFERINGS SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT. WITHOUT LIMITING THE FOREGOING, THE GROWHAUS DOES NOT ENDORSE USER CONTENT OR FEEDBACK AND SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY FEEDBACK.
The GrowHaus makes no warranty as to the reliability, accuracy, timeliness, usefulness, adequacy, completeness or suitability of the Site. The GrowHaus cannot and does not warrant against human and machine errors, omissions, delays, interruptions or losses, including loss of data. The GrowHaus cannot and does not guarantee or warrant that files available for downloading from the Site will be free of infection by viruses, worms, Trojan horses, or other codes that manifest contaminating or destructive properties. The GrowHaus cannot and does not guarantee or warrant that any content you post on the Site will remain on the Site. The GrowHaus does not warrant or guarantee that the functions or services performed on the Site will be uninterrupted or error-free or that defects in the Site will be corrected.
The GrowHaus may disable all or any social media features and any links at any time without notice at our discretion.
Limitation of Liability
THE GROWHAUS, NOR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, REPRESENTATIVES, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, OR LICENSORS SHALL BE LIABLE TO YOU OR THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, (EVEN IF THE GROWHAUS OR THE APPLICABLE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (A) THE USE OR THE INABILITY TO USE THE GROWHAUS OFFERINGS AND/OR ANY OTHER CONTENT, INFORMATION, PRODUCTS AND/OR SERVICES OFFERED BY AND THROUGH SAME; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, CONTENT AND/OR ANY OTHER PRODUCTS PURCHASED OR OBTAINED FROM OR THROUGH THE GROWHAUS OFFERINGS; (C) THE UNAUTHORIZED ACCESS TO, OR ALTERATION OF, YOUR ACCOUNT INFORMATION; (D) THE FAILURE TO REALIZE ANY SPECIFIC DIETARY BENEFIT, WEIGHT LOSS OR OTHER HEALTH-RELATED OUTCOME; AND/OR (E) ANY OTHER MATTER RELATING TO THE GROWHAUS OFFERINGS AND/OR ANY OTHER CONTENT, INFORMATION, PRODUCTS AND/OR SERVICES OFFERED BY AND/OR THROUGH SAME. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION AND ANY AND ALL OTHER TORTS. YOU HEREBY RELEASE THE GROWHAUS AND THE GROWHAUS PARTIES FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS STATED HEREIN. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATIONS, THE MAXIMUM LIABILITY OF THE GROWHAUS TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE AS SET FORTH IN THE DISPUTE RESOLUTION PROVISIONS OF THESE TERMS AND CONDITIONS. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF YOUR USE OF THE GROWHAUS OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND/OR THROUGH SAME, MAY BE BROUGHT BY YOU OR THE GROWHAUS MORE THAN ONE (1) YEAR FOLLOWING THE EVENT WHICH GAVE RISE TO THE SUBJECT CAUSE OF ACTION. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND THE GROWHAUS. ACCESS TO THE GROWHAUS OFFERINGS AND/OR ANY OTHER CONTENT, INFORMATION, PRODUCTS AND/OR SERVICES OFFERED BY AND/OR THROUGH SAME WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, THE GROWHAUS’ AND ‘”THE GROWHAUS PARTIES’ LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
Indemnification
You agree to indemnify, defend, and hold The GrowHaus its officers, directors, employees, shareholders, affiliates agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of this Agreement or your use of the The GrowHaus Offerings or your use of any information obtained from The GrowHaus Offerings.
Governing Law and Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado, without regard to its conflict of laws rules.
Resolving Disputes — Arbitration
Most customer concerns can be resolved quickly and to the customer’s satisfaction BY calling 720-515-4751 ext 1. If the Food Box department is unable to resolve a complaint you may have to your satisfaction (or if The GrowHaus has not been able to resolve a dispute it has with you after attempting to do so informally), we each agree to resolve those disputes through binding arbitration or small claims court instead of in courts of general jurisdiction.
All disputes or claims that arise under or related to this Agreement (whether in contract, tort or otherwise, whether past, pre-existing, or future, and including statutory, consumer protection, common law, intentional tort, injunctive, and equitable claims) will be resolved either in small claims court or by individual arbitration in accordance with the rules of the American Arbitration Association ("AAA"). Unless you and The GrowHaus agree otherwise, any arbitration hearings will take place in the county (or parish) of your billing address. The AAA Rules are available online at adr.org, by calling the AAA at 1-800-778-7879. The GrowHaus agrees that it will pay a consumer’s filing fee for the arbitration.
You agree to arbitration on an individual basis. In any dispute, NEITHER CUSTOMER NOR THE GROWHAUS SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS, OR ARBITRATE OR OTHERWISE PARTICIPATE IN ANY CLAIMS AS A REPRESENTATIVE, CLASS MEMBER, OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced (but in no case shall there be a class arbitration).
The arbitrator shall be empowered to grant whatever relief would be available in court under law. Any award of the arbitrator shall be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. This transaction and the arbitration shall be governed by the Federal Arbitration Act 9 U.S.C. sec. 1-16 (FAA).
Waiver and Severability
No waiver by The GrowHaus of any of the terms and conditions set forth in this Agreement 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 GrowHaus to assert a right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.
If any provision of this Agreement 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 this Agreement will continue in full force and effect.
Entire Agreement
This Agreement and our Privacy Policy constitute the sole and entire agreement between you and The GrowHaus with respect to The GrowHaus Offerings and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to The GrowHaus Offerings.
Notice
The GrowHaus may deliver notice to you under this Agreement by means of electronic mail, a general notice on the site, or by written communication delivered by first class U.S. mail to your address on record in your Food Box account. You may give notice to The GrowHaus at any time via electronic mail or by letter delivered by first class postage prepaid U.S. mail or overnight courier to the following address: 3840 York St. Ste. 245 Denver, CO 80205
Upon registration for an account, you will be asked to provide us with a telephone number at which we can reach you. That number is required for shipping and so that The GrowHaus can reach you with informational calls related to your transactions. The frequency of text messages that we send to you depends on your transactions with us and you consent to receive text messages sent through an automatic telephone dialing system. All calls to and from The GrowHaus may be monitored or recorded for quality and training purposes.
If you elect to receive text messages about your account, we may also send you promotional text messages and you consent to receive recurring SMS text messages sent through an automatic telephone dialing system. This service is optional, and is not a condition of purchase. You can opt out of receiving SMS messages at any time by texting STOP in response. Message and data rates may apply. We will treat data collected through text messages in accordance with our Privacy Policy.
All charges are billed by and payable to your wireless service provider. Please contact your wireless service provider for pricing plans and details. If you wish to opt out of such text messages, you may do so by following the "opt-out" instructions in the text message, or by editing your account settings. Message and data rates may apply. We will treat data collected through text messages in accordance with our Privacy Policy.
