Terms and Conditions
Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the livegrowgreen.com website (the "Service") operated by Live Grow Green, LLC ("us", "we", or "our").
Your (“you”, “your”) access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service. (also referred to as “you”, “your”)
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.
Relationship of the Parties
The relationship between the parties is that of Service Provider (us) and Customer (you). Nothing contained in these Terms shall be construed as creating any agency, partnership, joint venture or other form of joint enterprise, employment or fiduciary relationship between the parties.
If you wish to purchase any product or service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
Availability, Errors and Inaccuracies
We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other web sites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service.
We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Contests, Sweepstakes and Promotions
Some parts of the Service are billed on a subscription basis ("Subscription(s)"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.
At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or Live Grow Green, LLC cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting Live Grow Green, LLC customer support team.
A valid payment method, including credit card or PayPal, is required to process the payment for your Subscription. You shall provide Live Grow Green, LLC with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize Live Grow Green, LLC to charge all Subscription fees incurred through your account to any such payment instruments.
Should automatic billing fail to occur for any reason, Live Grow Green, LLC will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
Live Grow Green, LLC, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.
Live Grow Green, LLC will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.
Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
Refunds will be offered to any customer within 30 days of purchase.
When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
The Service and its original content, features and functionality are and will remain the exclusive property of Live Grow Green, LLC and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Live Grow Green, LLC.
Links To Other Web Sites
Our Service may contain links to third party web sites or services that are not owned or controlled by Live Grow Green, LLC
Live Grow Green, LLC has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that Live Grow Green, LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.
You shall: (a) cooperate with us in all matters relating to our services and provide such access to your personal information as may reasonably be requested by us, for the purposes of performing our services; (b); respond promptly to our request to provide direction, information, approvals, authorizations or decisions that are reasonably necessary for us to perform Services in accordance with the requirements of these Terms; (c) provide your information as we may reasonably request and deem reasonably necessary to carry out our services in a timely manner.
Your Acts or Omissions
If our performance of our obligations under these Terms is prevented or delayed by any act or omission by you or your agents, subcontractors, consultants or employees, or affiliates of any sort, we shall not be deemed in breach of our obligations under these Terms or otherwise liable for any costs, charges or losses sustained or incurred by you, in each case, to the extent arising directly or indirectly from such prevention or delay.
In addition to any remedies that may be provided under these Terms, we may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of these Terms.
If you wish to terminate your account, you may simply discontinue using the Service.
All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Disclaimer of Warranties
We make no warranty whatsoever with respect to the services we provide, including any (a) Warranty of Merchantability; or (b) Warranty of Fitness for a particular purpose; or (c) Warranty of Title; whether express or implied by law, course of dealing, course of performance, or usage of trade or otherwise.
You hereby agree to protect, defend and indemnify us, Live Grow Green, LLC, and all of our past, present and future owners, licensees, licensors, affiliates, officers, directors, shareholders, contractors, agents, officers, employees, attorneys, and designees, and hold them harmless from and against any and all claims, damages, obligations, losses, liabilities, costs, debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; or b) a breach of these Terms. This indemnity will continue in effect after the expiration, transfer or termination of this Terms and Conditions (if this Terms and Conditions ever transfers or terminates). Under no circumstances will we or any other indemnified party under this paragraph, be required to seek recovery from any insurer or other third party, or otherwise to mitigate their or our losses or expenses, in order to maintain and fully recover a claim against you.
Limitation Of Liability
In no event shall Live Grow Green, LLC, nor any of our our past, present and future owners, licensees, licensors, affiliates, officers, directors, shareholders, contractors, agents, officers, employees, attorneys, and designees, be liable to you or any third party for any indirect, incidental, special, consequential, exemplary, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (a) your access to or use of or inability to access or use the Service; (b) any conduct or content of any third party on the Service; (c) any content obtained from the Service; (d) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence); (e) any breach of contract or any other legal theory, whether or not we have been informed of the possibility of such damage, regardless of whether such damages were foreseeable and whether or we have been advised of the possibility of such damages, and notwithstanding the failure of any agreed or other remedy of its essential purpose.
You alone are responsible for ensuring the correct and safe handling, cooking and storage of ingredients and meals. Further, it is your responsibility to understand all nutritional information and allergens presented in ingredients and recipes. We are not responsible for catering to any dietary or nutritional needs and/or restrictions, including, but not limited to allergies.
Live Grow Green, LLC's products are intended to be used for convenience of our customers, not to treat any medical conditions. We are not medical professionals and will never seek to resolve any medical issues. Please consult your physician before beginning any meal plan or changing your diet. At no time herein, or in the past or future, will we ever or have we ever represented that we are medical professionals or have the medical knowledge to resolve or address and medical issues.
Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Live Grow Green, LLC its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of Massachusetts without giving effect to any choice or conflict of law provision or rule (whether of the State of Massachusetts or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Massachusetts.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
Amendments and Modifications
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. What constitutes a material change will be determined at our sole discretion. It is your responsibility to periodically check these Terms to determine if changes have been made. We make no representation that we will provide notice of all changes made to these Terms.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by any and all future revisions to these Terms. If you do not agree to future revisions to these Terms, you are no longer authorized to use the Service.
If any term or provision of these Terms is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of these Terms or invalidate or render unenforceable such term or provision in any other jurisdiction.
Provisions of these Terms, which by their nature should apply beyond their terms, will remain in force after any termination or expiration of these Terms.
You shall not assign any of your rights or delegate any of its obligations under these Terms. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves you of any of its obligations under these Terms.
We shall not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in fulfilling or performing any term of these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lock-outs, strikes or other labor disputes (whether or not relating to either party’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
No waiver by us of any of the provisions of these Terms is effective unless explicitly set forth in writing and signed by us. No failure to exercise, or delay in exercising, any rights, remedy, power or privilege arising from these Terms operates or may be construed as a waiver thereof. No single or partial exercise of any right, remedy, power or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.
If you have any questions about these Terms, please contact us.