Notice/Acceptance of Terms
Welcome to the Grow Fragrance website, operated by Grow Fragrance, Inc. (“Grow Fragrance”) and located at www.growfragrance.com (the "Site"). The following terms and conditions (“Terms”) govern your use of the Site.
By accessing, viewing, or using the content, material, products, or services available on or through the Site, you certify that you have read, understand, and agree to be legally bound by these Terms, as well as our Privacy Policy, each of which is incorporated by reference as if fully set forth herein. You understand and agree that your use of the Site or any content, material, products or services made available on or through the Site (collectively, the "Services") signifies that you (the “User”) accept and agree to these Terms of Use.
Limited License and General Restrictions on Use
Grow Fragrance grants User a limited, revocable and non-exclusive license to access and make use of the Site. All content included on the Site such as text, graphics, logos, designs, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Grow Fragrance or its content suppliers and protected by the United States and international trademark laws. The compilation of all content on the Site is the exclusive property of Grow Fragrance and protected by the U.S. and international trademark laws.
Except as set forth in these Terms, or as required under applicable law, neither the content nor any portion of the Site may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without our express, prior written consent.
Errors, Inaccuracies, and Omissions
Grow Fragrance attempts to be as accurate as possible, however, occasionally the Site may contain typographical errors, inaccuracies or omissions. We do not warrant that product descriptions or other content of the Site is accurate, complete, reliable, current, or error-free. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information if any information on the Site is inaccurate at any time.
Purchases, Returns, and Exchanges
By purchasing products or services made available through the Site, you represent that you have reached the age of majority (which in most states is 18 years old) and have the legal capacity to enter into a contract. If you are under the age of majority or cannot lawfully enter into a contract, you must have your parent or guardian review these Terms and the Privacy Policy and register or place an order on your behalf. Grow Fragrance may use a third party payment processor to process credit card transactions made through the Site. You are also responsible for paying any governmental taxes imposed in connection with the use of the Site or the purchase or any products or services made available through the Site, including sales, use, and excise taxes (excluding only taxes on Grow Fragrance’s net income). To the extent that Grow Fragrance is obligated to collect such taxes, the applicable tax will be added to your billing account.
All sales are subject to our shipping and return policies, which shall be made available to you on the Site or other delivered to you with your purchased goods. All refunds are in Grow Fragrance’s sole discretion.
Intellectual Property
The products and services available on the Site, and any samples thereof Grow Fragrance may provide to you, are for personal and/or professional use only. You may not sell or resell any of the products or services, or samples thereof, you purchase or otherwise receive from us. Grow Fragrance reserves the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products or services to be provided to you that we believe, in our sole discretion, may result in the violation of these Terms.
As between you and Grow Fragrance, Grow Fragrance is and shall remain the sole and exclusive owner of all right, title, and interest in and to all intellectual property rights, titles and interests throughout the world in, to, and under the products sold on the Site (the “Intellectual Property”). You agree not to derive or attempt to derive by reverse engineering, disassembling or otherwise, any portion of the products, and you agree not to infringe upon the Intellectual Property. Except as expressly set forth herein, no right, title or interest in or to the Intellectual Property is granted by Grow Fragrance to you whether by implication, estoppel or otherwise.
Disclaimer of Warranties and Limitations of Liability
The Site is provided by Grow Fragrance on an "as is" and "as available" basis. Grow Fragrance makes no representations or warranties of any kind, express or implied, as to the operation of the Site or the information, content, materials, or products included on the Site. You expressly agree that your use of the Site is at your sole risk.
To the full extent permissible by applicable law, Grow Fragrance disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Grow Fragrance does not warrant that the Site, its servers, or e-mail sent from Grow Fragrance are free of viruses or other harmful components. Grow Fragrance will not be liable for any damages of any kind arising from the use of the Site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.
Applicable Law
By visiting growfragrance.com, you agree that the laws of the state of North Carolina, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and Grow Fragrance or its affiliates shall be brought only in the appropriate state or federal court located in the State of North Carolina.
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