Welcome to GrowGeneration.com (the "Site"). The purpose of the Site is to promote and sell garden related products and services (“Merchandise”). The Site is comprised of various webpages operated by GrowGeneration Corp. and/or one or more of its subsidiaries (“we”, “us” or "GrowGeneration").
Agreement between User and GrowGeneration
The terms, conditions and notices contained herein (these "Terms") set forth the legally binding agreement between you as the user of the Site (“you” or “User”) and GrowGeneration. The Site is offered to you conditioned on acceptance without modification of these Terms. Each time by viewing, using, accessing, browsing or submitting any content or material on the Site and using its services (the “Services”), whether through the Site itself or through such other media or media channels, devices, software or technologies as the Site may choose from time to time, you are agreeing to abide by these Terms, as amended from time to time with or without notice to you. If you do not agree to these Terms, please do not use the Site.
Please view our full shipping policy here: Shipping Policies
Please view our full returns policy here: Return Policies
Please view our full cancellation policy here: Cancellation Policies
Users are solely responsible for all use of and transactions conducted on, through or as a result of use of the Site or Services. You agree that use of the Site and/or the Services is subject to all applicable local, state and federal laws and regulations. You also agree:
- not to access the Site or Services using a third party's account or registration information;
- not to use the Site for illegal purposes;
- not to commit any acts of infringement through the Services or with respect to content on the Site;
- not to copy any content for republication in print or online;
- not to create reviews or blog entries for or with any purpose or intent that does not in good faith comport with the purpose or spirit of the Site;
- not to attempt to gain unauthorized access to other computer systems from or through the Services;
- not to interfere with another person's use and enjoyment of the Services or use and enjoyment of the Site;
- not to upload or transmit viruses or other harmful, disruptive or destructive files; and/or
- not to disrupt, interfere with, or otherwise harm or violate the security of the Service, or any services, system restores, accounts, passwords, servers or networks connected to or accessible through the Service or the Site.
- not to use the Services in any way or take any action that causes, or may cause, damage to the Site or impairment of the performance, availability or accessibility of the Services;
- not to use the Services in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
- not to use the Services to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
- not to conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to the Service without our express written consent;
- not to access or otherwise interact with the Service or Site using any robot, spider or other automated means;
- not to violate the directives set out in the robots.txt file for the Site;
- not to use data collected from the Site for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing);
- not to infringe these Terms or allow, encourage or facilitate others to do the same;
- not to plagiarize or infringe the intellectual property rights or privacy rights of any third party;
- not to disturb the normal flow of Services provided within the Site;
- not to create a link from the Site to another website or document without GrowGeneration’s prior written consent;
- not to obscure or edit any copyright, trademark or other proprietary rights notice or mark appearing on the Site;
- not to create copies or derivate works of the Site or any part thereof;
- not to reverse engineer, decompile or extract the Site’s source code;
- not to remit or otherwise make or cause to deliver unsolicited advertising, email spam or other chain letters;
- not to collect, receive, transfer or disseminate any personally identifiable information of any person without consent from title holder;
- not to pretend to be or misrepresent any affiliation with any legal entity or third party.
In addition to the above, the following uses and activities of and with respect to the Site and the Services are prohibited:
- criminal or tortuous activity, including fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, copyright infringement, patent infringement, or theft of trade secrets;
- transmitting chain letters or junk email;
- engaging in any automated use of the Site or the Services;
- interfering with, disrupting, or creating an undue burden on the Site or the Services or the networks or services connected or linked thereto;
- attempting to impersonate another User or person;
- using the user ID or password of another User;
- selling or otherwise transferring your profile;
- using any information obtained from the Site or the Services in order to harass, abuse, or harm another person;
- deciphering, decompiling, disassembling or reverse engineering any of the software comprising or in any way making up a part of the Site or the Services;
- attempting to bypass any measures of the Site or the Services designed to prevent or restrict access to the Site or the Services, or any portion of the Site or the Services;
- harassing, annoying, intimidating or threatening any the Site employees or agents engaged in providing any portion of the Services;
- using the Site and/or the Services in any manner inconsistent with any and all applicable laws and regulations;
- using data collected from the Site to contact individuals, companies or other persons or entities;
- supplying false, untrue, expired, incomplete or misleading information through the Site.
You also acknowledge and accept that any violation of the aforementioned provisions may result in the immediate termination of your access to the Site and use of the Services, without refund, reimbursement or any other recompense. Access to the Site may be terminated or suspended without prior notice from or liability to GrowGeneration. You represent and warrant to GrowGeneration that you have all right, title and interest to any and all content you may post, upload or otherwise disseminate through the Service and the Site.
We reserve the right, in our sole discretion, to review any and all content delivered into the Site and use moderators and/or any monitoring technology to flag and remove any user generated content or other content deemed inappropriate.
In order to use some or all of the functionalities and Services provided through the Site, you will be required to register an account with the Site. At the time of registration, you will be asked to complete a registration form that will require you to provide information such as but not limited to your name, email address, user ID and other personal information as well as information about your business, if applicable.
Upon verification of details of the User who has applied for Site access, we may or may not grant an account.
You represent, warrant and covenant that: (i) you have full power and authority to accept these Terms, to grant any license and authorization and to perform any of your obligations hereunder; (ii) you will use the Site and Services for business or personal purposes only; and (iii) the address you provide when registering is the principal place of business of your business entity, or your personal address. You must not allow any other person to use your account to access the Site. You must notify us in writing immediately if you become aware of any unauthorised use of your account. You must not use any other person's account to access the Site.
A User may request to delete an account by contacting firstname.lastname@example.org.
User IDs and Passwords
If you register for an account, you will be asked to choose a user ID and password. Your user ID must not be misleading or vulgar and must comply with the content rules set out in these Terms. You must not use your account or user ID for or in connection with the impersonation of any person.
You are responsible to maintain the confidentiality of your password and will be responsible for all uses via your registration and/or login, whether authorized or unauthorized by you. You agree to immediately notify us of any unauthorized use of your account, including user ID or password.
You must notify the Site by submitting a chat from within the Site or emailing us at email@example.com if you have reason to believe that your account is no longer secure for any reason (for example, in the event of a loss, theft or unauthorized disclosure or use of your password).
You are responsible for any activity and content on the account arising out of any failure to keep your password confidential and may be held liable for any losses arising out of such a failure.
The Service is controlled, operated and administered by GrowGeneration from our offices within the United States of America. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the content or functionality accessed through the Site in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Our Site content, functionality, products and services accessible on the Site are subject to United States of America export control laws and regulations and may be subject to export or import control laws and regulations in other countries. You agree to strictly comply with all such laws and regulations and acknowledge that you have the responsibility to obtain authorization to export, re-export or import any content, functionality, products or services on our Site, as may be required.
Use of the Site is prohibited and unauthorized in any jurisdiction that does not give effect to all provisions of these Terms.
Termination of Access and Use
If you engage in prohibited conduct or otherwise violate any of the Terms, your permission to use the Site and Services will automatically terminate.
You also agree that we may, at any time and without notice to you, suspend or revoke your access to and use of the Site and/or Services, and any accounts you may have in connection with the Site and/or Services, including: (i) where we determine in our sole discretion that such action is reasonable in order to comply with legal requirements or to protect the rights or interests of GrowGeneration or any third party; or (ii) in connection with any general discontinuation of the Site or any Services.
We will have no liability whatsoever on account of any change to the Site or Services or any suspension or revocation of your access to or use of the Site and/or any Service.
Third Party Sites and Services
The Site may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of GrowGeneration and GrowGeneration is not responsible for all or any portion of any Linked Site, including without limitation any link contained in a Linked Site or any changes or updates to a Linked Site. GrowGeneration is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by or affiliation of GrowGeneration with the Linked Site or its content, data, software or operators.
We do not always review the information, pricing, availability or fitness for use of Linked Sites, or the products and services they offer, and they will not necessarily be available or error free or serve your purposes. Any use thereof is at your sole risk. We do not make any representations or warranties, whether express or implied, regarding any Linked Sites (or their products and services).
Certain Services made available via the Site enable you to export information to third party services, including through use of an API or by linking your account with an account on the third party service, such as Twitter or Facebook. By using any product, service or functionality originating from the Site, you hereby acknowledge and consent that GrowGeneration may share such information and data with any third party with whom GrowGeneration has a contractual relationship to provide the requested product, service or functionality on behalf of Users. Such third party services are not under our control, and we are not responsible for the contents of the third party service or the use of your content or information by the third party service.
From time to time, we may place ads and promotions from third party sources on the Site. Accordingly, your participation or undertakings in promotions of third parties other than GrowGeneration, and any terms, conditions, warranties or representations associated with such undertakings, are solely between you and such third party. GrowGeneration is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third party advertisers on the Site.
WE SHALL NOT BE LIABLE OR RESPONSIBLE IN ANY MANNER FOR ANY OF YOUR DEALINGS OR INTERACTION WITH THIRD PARTIES. WE HAVE NO CONTROL OVER THIRD PARTY WEBSITES AND THEIR CONTENTS, AND WE ACCEPT NO RESPONSIBILITY FOR THEM OR FOR ANY LOSS OR DAMAGE THAT MAY ARISE FROM YOUR USE OF THEM.
You are granted a non-exclusive, non-transferable, revocable license to access and use the Site strictly in accordance with these Terms.
All content included as part of the Site, such as text, graphics, logos and images, as well as the compilation thereof, and any software used on the Site, is the property of GrowGeneration or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works or in any way exploit any of the content, in whole or in part, found on the Site. Site content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use and will make no other use of the content without the express written permission of GrowGeneration and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of GrowGeneration or our licensors except as expressly authorized by these Terms.
All product prices, images and specifications are subject to change without notice. GrowGeneration takes reasonable steps to be accurate, but occasionally pricing, contents, unit of measurement or other errors may occur. GrowGeneration reserves the right to cancel any orders placed for product reflecting any such errors, whether or not the order has been confirmed or you have paid for the order. If payment has already been made and your order is cancelled, GrowGeneration will issue a refund to the same method originally used for payment.
You agree to receive communications from Site in electronic form. Such electronic communications may include, but will not be limited to, any and all agreements, notices, disclosures and other communications that various laws or regulations require that we provide to you, as well as such other documents, statements, data, records and any other communications regarding your relationship with the Site. You accept that the electronic documents, files and associated records provided via your account with Site are reasonable and proper notice for the purpose of any and all laws, rules, and regulations, and you acknowledge and agree that such electronic form fully satisfies any requirement that such communications be provided to you in writing or in a form that you may keep. We reserve the right to require ink signatures on hard copy documents from the related parties, at any time.
GrowGeneration does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use the Site and Services only with permission of a parent or guardian.
You agree to indemnify, defend and hold harmless GrowGeneration, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of these Terms, your violation of any rights of a third party or your violation of any applicable laws, rules or regulations. GrowGeneration reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will pay all costs reasonably incurred by GrowGeneration and fully cooperate with GrowGeneration in asserting any available defenses in connection therewith.
Disclaimer of Warranties and Limitation of Liability
Neither GrowGeneration, nor its affiliates, subsidiaries, officers, employees and agents guarantee that the Site or Services will be error-free, uninterrupted, secure, or produce any particular results; or that any listing, purchase, order, amount, information, guide, sheet, checklist and/or content will be current, measured useful and/or valid, or that they will produce any particular results or that the information obtained therefrom will be reliable or accurate. No advice or information given by us or our employees, affiliates, contractors and/or agents shall create a guarantee. No warranty or representation is made about services or products of third parties contacted on or through the Site or Services.
Neither GrowGeneration, nor its affiliates, licensors, owners, subsidiaries, brands or advertisers are a professional advisor in any industry. The results described in the Site are not typical and will vary based on a variety of factors outside the control of GrowGeneration. Your use of any information and/or materials on the Site is entirely at your own risk, for which we shall not be held liable.
GrowGeneration and the Site are subject to applicable laws and legal process, and nothing contained in these Terms is in derogation of GrowGeneration's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or Services, or information provided to or gathered by GrowGeneration with respect to such use. GrowGeneration shall not be liable to you in any way for exercising such right to comply.
GROWGENERATION AND/OR ITS VENDORS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS OR ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. GROWGENERATION AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IT SHALL BE YOUR OWN RESPONSIBILITY TO ENSURE THAT THE SERVICES OR INFORMATION AVAILABLE THROUGH THIS SITE MEET YOUR SPECIFIC REQUIREMENTS.
Mandatory Arbitration. Any dispute or claim arising out of or relating to these Terms, the Site or the Services (“Covered Claims”) shall be resolved solely and exclusively by binding arbitration in Denver, Colorado (the “Arbitration Venue”), before a single arbitrator administered by the American Arbitration Association (“AAA”) in accordance with AAA’s then-current rules of consumer arbitration. Neither User nor GrowGeneration shall have the right to pursue any Covered Claim in court. Both User and GrowGeneration hereby irrevocably waive their right to have any Covered Claim heard by a judge or jury.
Proceedings in Aid of Arbitration. Notwithstanding the foregoing ,User or GrowGeneration may file suit in a federal or state court in or for the Arbitration Venue to (i) compel arbitration pursuant to these Terms and/or (ii) obtain temporary and/or preliminary injunctive relief (without posting a bond or other security) to prevent irreparable harm pending arbitration. User and GrowGeneration hereby irrevocably submit to the jurisdiction of such courts for such purpose and irrevocably waive any right that they may have to object to proceeding in such courts, including but not limited to objections based on lack of personal jurisdiction, improper venue or inconvenient forum.
Nature of Proceedings. The arbitration shall be governed by the Federal Arbitration Act. The arbitration shall be conducted exclusively on an individual basis and not as part of any class, collective or private attorney general representative proceeding, and User hereby irrevocably waives the right to assert any Covered Claim on a class, collective or private attorney general representative basis. Notwithstanding the foregoing, User shall not be required to arbitrate a private attorney general representative proceeding if applicable state law prohibits arbitration of such proceedings. All proceedings shall be confidential, and the arbitrator shall, upon the request of either party, (i) issue a protective order requiring the confidential treatment of documents and information produced by the parties in connection with the arbitration proceedings and (ii) exclude from each arbitration proceeding all persons except those determined by the arbitrator to be necessary to such proceeding. The decision or award rendered by the arbitrator shall be final and binding upon the parties, and judgment may be entered upon it in accordance with applicable law in a court of competent jurisdiction.
Batch Arbitration. If there are 10 or more arbitration demands filed against GrowGeneration by or with the assistance of the same law firm, group of law firms or organization within any 180-day period (or otherwise in close proximity) that arise out of the same or similar event or factual scenario and raise the same or similar legal issues and seek the same or similar relief, GrowGeneration may, in its sole discretion, require AAA to (i) group the arbitration demands into batches of no more than 99 demands per batch, (ii) appoint one arbitrator for each batch; and (iii) provide for resolution of each batch as a single consolidated arbitration with one set of filing and administrative fees due per batch, one procedural calendar, one hearing (if any), and one final award.
Arbitrator’s Authority; Arbitrability. All questions regarding the arbitrability of any claim or the formation, interpretation, validity or enforceability of these Terms, including without limitation this arbitration provision, whether procedural or substantive in nature, shall be resolved exclusively by the arbitrator and not by a court. If either User or GrowGeneration asserts both arbitrable and non-arbitrable claims, the arbitrable claims shall be heard exclusively by the arbitrator as provided herein. If any arbitrable claim is factually intertwined with a non-arbitrable claim, litigation of the non-arbitrable claim shall be stayed by the parties pending arbitration of the arbitrable claim.
Arbitration Fees. User and GrowGeneration shall each pay one-half of the fees and costs charged by AAA and the arbitrator for the arbitration proceeding; provided that, unless the arbitrator orders otherwise, User shall not be required to pay more than the fees that User would have been required to pay to a state court in User’s state of residence if User’s claims had been brought in such court.
Opt-Out of Arbitration. Users may opt out of this arbitration agreement by sending an arbitration opt out notice to firstname.lastname@example.org within 30 days of the date of User’s first access to or use of the Site or the Services. The opt out notice must clearly state that User is rejecting arbitration, identify the agreement to which it applies; provide User’s name and address, and be signed by User. No other methods can be used to opt out of the provisions of this arbitration agreement.
Applicable Law. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Colorado, without regard to its conflict of laws principles.
Force Majeure. GrowGeneration is not liable for any failure of performance on its obligations as set forth herein, where such failure arises from any cause beyond our reasonable control, including but not limited to electronic, power, mechanic or Internet failure, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.
Headings. The titles of paragraphs in these Terms are shown only for ease of reference and will not affect any interpretation therefrom.
Severability. If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth herein, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Waiver. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any rights hereunder, except to the extent expressly set forth in a writing signed by the waiving party.
Entire Agreement. Unless otherwise specified herein, these Terms constitute the entire agreement between the user and GrowGeneration with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and GrowGeneration with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
No Assignment. You may not assign or transfer these Terms by operation of law or otherwise without our prior written consent. Notwithstanding the foregoing, we may assign any rights or obligations hereunder to any current or future affiliated company and to any successor in interest of GrowGeneration. These terms will inure to the benefit of any successors and permitted assigns of the parties. We reserve the right, at any time, to transfer some or all of our assets, rights and properties, including these Terms, in connection with a merger, acquisition, reorganization or sale of assets or in the event of bankruptcy.
We welcome your questions or comments regarding these Terms. Please contact us by mail, email or telephone as follows:
5619 DTC Parkway
Greenwood Village, CO 80111
Telephone: (877) 978-1119
Effective as of October 2023