Gardenuity Terms of Service

Welcome to Gardenuity. These terms and conditions govern your use of the Gardenuity website, emails, blogs and mobile applications that link to or reference these Terms of Service. By using the Gardenuity Service, you acknowledge that you have read, understood, and agree to be legally bound by these Terms of Use and have read our Privacy Policy.

THE GARDENUITY GUARANTEE. WE WANT TO MAKE SURE YOU'RE HAPPY WITH YOUR PURCHASE, SO OUR RETURN POLICY IS SIMPLE. IF, WITHIN 30 DAYS OF RECEIPT OF YOUR PURCHASE, YOU ARE NOT SATISFIED, WE ARE HAPPY TO REFUND YOU THE PAID PRICE FOR THE ITEMS YOU WISH TO RETURN, INCLUDING ASSOCIATED SALES TAX. MOREOVER, OUR CUSTOMER EXPERIENCE TEAM PRIDES ITSELF ON HELPING YOU GROW A SUCCESSFUL GARDEN AND RESOLVING ANY ISSUES YOU MIGHT HAVE WITH GARDENUITY. TO CONTACT THEM VIA EMAIL: HELP@GARDENUITY.COM.

Notice of Agreement to Arbitrate and Class Action Waiver. By accepting these Terms, you are agreeing to the arbitration agreement and class action waiver contained in these Terms below.

INTRODUCTION

Through the Services, we aim to give you access to easy to grow and harvest mobile gardens and other content to help you decide which garden options are perfect for you.

Mobile Charges.

To the extent you access the Services through a mobile or wireless device, your carrier’s standard charges, data rates, and other fees may apply.

Eligibility.

Children under the age of 13 may not use the Services and parents or legal guardians may not agree to these Terms on their behalf. Children under 18 years of age but at least 13 years of age may use the Services under the supervision of parents or legal guardians who agree to be bound by these Terms on their behalf, but such children may not purchase any products via the Services. If you are a parent or legal guardian agreeing to these Terms for the benefit of a child between the ages of 13 and 18, you are fully responsible for his or her use of the Services and purchase of any Products, including all legal liability he or she may incur.

Modification of the Services or the Terms.

Gardenuity may modify these Terms or modify, suspend, or discontinue the Services at any time for any reason. However, Gardenuity will use commercially reasonable efforts to notify you of material changes to these Terms by posting a notice on the Site.

DEFINITIONS

Parties

– “You” and “your” refer to you, as a user of the Service who accesses, browses, crawls, scrapes or in any way uses the service. “We”, “us” and “our” refer to Gardenuity.

Content

– “Content” means text, images, photos, audio, video, location data and all other forms of data or communication. “Your content” means content that you submit or transmit to, through, or in connection with the service, such as offers, posts, ratings, comments, and information that you publicly display or is displayed in your account profile. “User content” means content that users submit or transmit to, through, or in connection with the Service. “Gardenuity content” means content that we create and make available in connection with the Service. “Third party content” means content that originates from parties other than Gardenuity or its users, which is made available in connection with the Service.

SERVICE SUMMARY

Gardenuity makes growing herbs and veggies accessible and easy. Through our site, we offer seasonal garden options to a unique delivery service, which provides pre-measured garden components and easy to follow gardening advice delivered to your door. Our mission is to make gardening easy and accessible to everyone, and to make you a successful grower by doing the planning for you. We are passionate about supporting new gardeners, farm partners, seed breeders, and soil partners who offer you the highest quality, sustainable ingredients. We test all of our gardens to make sure they are easy to plant, grow and harvest.

COMMUNICATIONS

You consent to receive communications from us, including email, text messages, calls, and push notifications, including for the purposes of notifying you about the status of your order, sending you reminders, facilitating secondary authentication, and providing other information. We may contact you by telephone calls or text messages, including by an automatic telephone dialing system, at any of the telephone numbers provided by you. Standard message and data rates charged by your mobile carrier may apply to the text messages we send you. You may opt out of receiving communications by following the unsubscribe procedures we provide to you. In the case of text messages, you may opt out by replying "STOP" to a text message you receive from us or by emailing help@gardenuity.com. You acknowledge that opting out of receiving communications may impact your use of the Services.

YOUR ACCOUNT

Access to parts of the Services may require the creation of a user account, including a user name and password that you choose upon registration. You are solely responsible and liable for any authorized or unauthorized access to your account by any person. You agree to bear all responsibility for the confidentiality of your account information and all use or charges incurred from use of the Services with your account.

FEEDBACK

By sending us any feedback, ideas, suggestions, documents or proposals through any platform (“Feedback”), you grant to us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works of, publish, distribute, sublicense and otherwise exploit the Feedback, and you waive all moral rights to the Feedback which may be available to you in any part of the world and confirm that no such rights have been asserted. You represent and warrant that the Feedback does not contain any confidential or proprietary information of any third party, and that Gardenuity may use your Feedback without restriction or obligation to you or any third party.

ORDERING AND DELIVERY

Gardenuity does not deliver to every location. If Gardenuity is currently not delivering to your area, but you would like us to, please email us at help@gardenuity.com. We are actively expanding our reach and will keep you posted on our growth.

LIMITATION OF LIABILITY

Under no circumstances shall Gardenuity be liable for any damages of any kind, including without limitation direct, indirect, incidental, special, consequential, exemplary, multiple or other damages arising out of or in connection with the use of, or the inability to use, the Services and/or the products, even if Gardenuity has been advised of the possibility of such damages. Your sole and exclusive remedy hereunder shall be as set forth or to discontinue your use of the services and terminate these terms.

DISPUTE RESOLUTION, ARBITRATION AND CLASS ACTION WAIVER

This Section includes an arbitration agreement and an agreement that all claims will be brought either in arbitration or in small claims court and, in either case, only in an individual capacity (and not as a class action or other representative proceeding). Please read it carefully.

INFORMAL PROCESS FIRST

Both you and Gardenuity agree that in the event of any dispute between us, you and Gardenuity will first contact the other party and make a good faith sustained effort to resolve the dispute before resorting to more formal means of resolution. We believe in the case of disputes that arbitration is the least expensive and fairest way for our company and you to handle any potential disputes. As such, by agreeing to this Terms of Service, you agree to mandatory binding arbitration and a class action waiver.

Applicability of Arbitration Agreement.

All claims, causes of action and disputes between us that cannot be resolved in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. This Arbitration Agreement applies to you and Gardenuity and to any of our licensors, suppliers, dealers or third party vendors, subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Agreement.

Arbitration Rules.

The Federal Arbitration Act governs the interpretation and enforcement of this dispute resolution provision. Arbitration shall be initiated through JAMS, an established alternative dispute resolution provider ("ADR Provider") that offers arbitration as set forth in this section. If JAMS is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of this arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with the Terms ("Arbitration Rules"). The JAMS rules governing the arbitration are available online at www.jamsadr.com or by calling JAMS at 800-352-5267. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

Authority of Arbitrator.

The arbitrator will decide the rights and liabilities, if any, of you and us, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the Arbitration Rules, and the Arbitration Agreement. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.

Waiver of Jury Trial.

THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and us in any state or federal court in a suit to vacate or enforce an arbitration award, YOU AND GARDENUITY WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.

ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. In the event that this subparagraph is deemed invalid or unenforceable neither you nor we are entitled to arbitration and instead claims and disputes shall be resolved in a court located in Dallas County, Texas.

Severability.

If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.

Survival of Agreement.

This Arbitration Agreement will survive the termination of your relationship with Gardenuity.

Modification.

Notwithstanding any provision in these terms to the contrary, we agree that if Gardenuity makes any future material change to this Arbitration Agreement, it will not apply to any individual claim(s) that you had already provided notice of to Gardenuity.

Small Claims Court.

Notwithstanding the foregoing, either you or Gardenuity may bring an individual action in small claims court.

Courts.

In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located in Dallas, Texas for such purpose.