Introduction
Welcome to giantgrowers.com. By using our Website and/or using the services we provide, you acknowledge that you have read, understood, and agree to be bound by our Terms and Conditions. These Terms and Conditions unconditionally extend and apply to all related applications, internet service, or Website extensions. If you are not in agreement with all of these Terms and Conditions, you are prohibited from using this Website, and you shall discontinue use immediately.
About
Giantgrowers.com is a platform for giant growers to share best practices for growing giant fruits, vegetables, flowers, etc., as well as a place for growers to offer, and sell their products, such as produce, flowers and seeds. Giantgrowers.com and its affiliates are not party to contracts for sale between third-party sellers and buyers.
Any guidance provided on giantgrowers.com as part of our services is solely informational and you may decide to follow it or not. Unless otherwise expressly provided, giantgrowers.com has no control over and does not guarantee: the existence, quality, safety, or legality of items posted for sale; the truth or accuracy of users’ content or listings; the ability of sellers to sell items; the ability of buyers to pay for items; or that a buyer or seller will actually complete a transaction or return an item.
Giantgrowers.com is an affiliate of Prevegenics and Certified Prevegenics.
Agreement to Terms and Conditions
Giantgrowers.com Terms and Conditions (these “Terms” or these “Terms and Conditions”) contained in this Agreement shall govern your use of this Website and all its content (collectively referred to herein as this “Website”). These Terms outline the rules and regulations guiding the use of giantgrowers.com. All materials/information/documents/services or all other entities (collectively referred to as content) that appear on the giantgrowers.com Website shall be administered subject to these Terms and Conditions. These Terms and Conditions apply in full force and effect to your use of this Website, and the use of this Website constitutes an express agreement with all the terms and conditions contained herein in full. Do not continue to use this Website if you have any objection to any of the Terms and Conditions stated on this page.
Definitions/Terminology
The following definitions apply to these Terms and Conditions, Privacy Statement, Disclaimer Notice and all Agreements: “User”, “Visitor,” “Client,” “Customer,” “You” and “Your”, “Buyer” or “Seller” refers to you, the person(s) that use this Website. “giantgrowers.com”, “We”, “Our” and “Us”, refers to our Website/Company. “Party,” “Parties,” or “Us,” refers to both you and us. All terms refer to all considerations of giantgrowers.com necessary to undertake support to you for the express purpose of meeting your User needs in respect of our services, under and subject to, prevailing law of the state of Florida. Any use of these definitions or other glossary in the singular, plural, capitalization, and/or pronoun are interchangeable but refer to the same.
Services
The content of this Website is not intended for use or distribution to any person or entity in any jurisdiction, geographical location, or country/state where such use or distribution will be contrary to the laws and regulations or subject giantgrowers.com to any form of registration, claims, demands, costs, liabilities, damages, or expenses.
The Website is intended for users who are at least 18 years of age. If you are under the age of 18, you cannot use or register to use this Website or its services. By agreeing to these Terms and Conditions, you have the necessary legal capacity to comply and be bound by these Terms and Conditions.
Acceptable Use
You may use this Website as permitted by these Terms and Conditions and may not use this Website for any purpose other than for which giantgrowers.com makes the Website and its services available.
Cookies
We employ the use of cookies. By accessing giantgrowers.com, you agree to use cookies in agreement with the giantgrowers.com Privacy Policy.
We use cookies to let us retrieve the user’s details for each visit. Cookies are used by our Website to enable the functionality of certain areas to make it easier for people visiting our Website.
Intellectual Property Rights
Unless otherwise stated, giantgrowers.com, Prevegenics, Certified Prevegenics and/or its licensors own the intellectual property rights for all content on giantgrowers.com. All intellectual property rights are reserved. You may access any Website content from giantgrowers.com for your personal use subject to restrictions set in these terms and conditions.
Other than the content you own and opted to include on this Website, under these Terms, giantgrowers.com, Prevegenics and/or its licensors own and reserve all intellectual property rights of this Website.
Giantgrowers.com hereby restricts you from all of the following:
- Selling, renting, sublicensing, and/or otherwise commercializing any giantgrowers.com content;
- Publicly performing and/or displaying any giantgrowers.com content;
- Using this Website in a manner that is, or maybe, damaging and/or impacts user access to this Website;
- Using this Website contrary to the relevant rules, laws, and regulations of the United States, or in a manner that causes, or may cause, harm to the Website, or any person or business entity;
- Conducting data mining or any other similar activity concerning this Website, or while using this Website; and
- Using this Website to engage in any form of business advertising or marketing.
Specific areas of this Website may be restricted from user access, and giantgrowers.com may further extend such restriction to the entire Website, at any time, and in its sole discretion. Any user identification, security key, or password you may have on this Website are confidential, and you are responsible for maintaining such information confidentiality.
Linking and Hyperlinking Rights
We reserve the right to file requests that you remove all links, or any particular link created by you that redirect to our Website, and you approve to immediately remove such links to our Website upon request. We may amend the terms and conditions of these linking rights at any time. By continuously linking to our Website, you agree to be bound to and follow the terms of this linking policy.
Feel free to contact us if you find any link on our Website that is offensive, and we may consider requests to remove such links. Still, we are not obligated to do so or respond to you directly or immediately.
Hyperlinking to our Content
Organizations such as search engines, government agencies, news organizations, and online directories may link to our Website without prior written approval. We may review other link requests from popular consumer and/or information specialists, charity organizations, internet portals, educational institutions, trade associations, and dot.com community sites. Any interested organization must inform and contact us for further information regarding our linking policy. However, such linking does not imply endorsement, sponsorship, partnership, or approval by us of any kind.
Link to third-party content
This Website may contain links to Websites or applications operated by third parties. Please know that we do not control any such third-party Websites or applications or the third-party operator. Giantgrowers.com is not responsible for and does not endorse any third-party Websites or applications or their availability or content.
Giantgrowers.com accepts no responsibility for products for sell contained within third-party Websites. You agree that you do so at your own risk when you purchase any goods and/or services from any such third party. The seller, and not us, remains responsible for such goods and/or services, and if you have any questions or complaints about them, you should contact the seller.
User Content
In these Website Standard Terms and Conditions, “User Content” shall mean any audio, video, text, images, or other material or content you choose to display on this Website. Concerning user content, by displaying it, you grant giantgrowers.com a non-exclusive, worldwide, irrevocable, royalty-free, sub-licensable license to use, reproduce, adapt, publish, translate and distribute it on any media.
User Content must be your own and must not be infringing on any third party’s rights. Giantgrowers.com reserves the right to remove any of your content from this Website at any time, without notice.
Giantgrowers.com is permitted to monitor your activities on the Website and remove any user content considered inappropriate, offensive, contrary to applicable laws and regulations, or causes a breach of these Terms and Conditions.
You warrant and represent that:
- You are entitled to upload/input/publicize content on our Website and have the necessary legal capacity, license or consent to do so;
- Your content does not infringe any intellectual property right, including without limitation to copyright, patent, or trademark of any third party;
- Your content is true, accurate, current, complete, and relate to you and not a third party;
- Your content does not contain any libelous, defamatory, offensive, immoral, or otherwise illegal material which is an invasion of privacy; and
- The content will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.
You now grant giantgrowers.com a non-exclusive license to use, reproduce, and authorize others approved by us to use, reproduce and edit any of your content in any form, format, or media.
License
Parts of this website offer an opportunity for users to post and exchange opinions and information in certain areas of the website. Giantgrowers.com does not edit comments prior to their presence on the website, however Giantgrowers.com reserves the right to monitor all comments and to remove any comments which can be considered inappropriate, offensive or causes breach of this User Agreement or the Terms and Conditions. Comments do not reflect the views and opinions of Giant Growers, its agents and/or affiliates. Comments reflect the views and opinions of the person who posts their views and opinions. To the extent permitted by applicable laws, giantgrowers.com shall not be liable for the comments or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the comments on this website.
You warrant and represent that:
- You are entitled to post the comments on our website and have all necessary licenses and consents to do so;
- The comments do not invade any intellectual property right, including without limitation copyright, patent or trademark of any third party;
- The comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material which is an invasion of privacy
- The comments will not be used to solicit or promote business or present commercial activities or unlawful activity.
You hereby grant giantgrowers.com a non-exclusive license to use, reproduce, and authorize others to use, reproduce any of your comments in any and all forms, formats or media.
Buyers and Sellers
Terms of Sale
Upon arrival to giantgrowers.com, buyer, seller and user agree to the following:
“Buyer” refers to users who visit the website with the intention of product purchase and or browsing.
“Seller” refers to users who visit the website with the intention of product and/or service sales to an end user.
“User” refers to users who visit the website with the intention to browse the website, comment on the website, or retrieve information from the website.
“Product” refers to the products/services offered by the sellers via our product marketplace.
- Giantgrowers.com does not reserve any form of responsibility for the final end product’s condition that is sent by the seller, or received by the user.
- The seller agrees to cover the following obligations during the sale or return of an order:
- Shipping
- Sales Tax
- Return Fees if applicable
- The seller agrees to take full responsibility for any return request and/or product disputes, and will take full responsibility of communicating with the buyer in the event of conflict.
Content Liability
We shall not be held responsible for any content You make on the Brag Board, Grower Products page, best practices and comments page. You agree to protect and defend giantgrowers.com, Prevegenics and Certified Prevegenics against all claims that arise as a result of content. No link(s) should appear on any Website that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.
Giantgrowers.com uses PayPal for transactions between buyers and sellers. The seller is responsible for setting the sale price and shipping price. Taxes will be automatically calculated according to state and federal laws. Giantgrowers.com charges a 10% premium of the product sale price. Payout to the seller will be settled once a week through PayPal. If seller does not have a PayPal account, giantgrowers.com will provide the payout once a month by check, however the premium will be increased to 20%.
Privacy Policy
By using this Website and its services, you may provide us with certain personal information. By using giantgrowers.com, you authorize us to use your information in any state in the United States. We reserve the right to use such information to improve your user experience and facilitate mailing and traffic, and market analytics.
By accessing this Website, specific information about the User, such as Internet protocol (IP) addresses, site navigation, user software, and the surfing time, along with other similar information, will be stored on giantgrowers.com servers. Information about their identities, such as name, address, contact details, billing information, and other information stored on this Website, will strictly be used only for statistical purposes and will not be published for general access. Giantgrowers.com, however, assumes no responsibility for the security of this information.
Disclaimers/Warranties/Limitation of Liabilities
Giantgrowers.com Website is provided “as is,” with all liabilities, and giantgrowers.com makes no express or implied undertakings, representations, or warranties, of any kind related to this Website or the content contained on this Website.
Giantgrowers.com does not make any endorsements, warranties, or representations about the accuracy, reliability, expertise, or completeness of any such content. You agree that reliance on any such content shall be at the User’s risk. Giantgrowers.com periodically changes, adds, modifies, improves, or updates this Website’s consent with or without prior notice. Under no circumstance shall giantgrower.com be liable for any loss, damage, injury, liability, or expense incurred or suffered from the use of this Website, including, without limitation, any fault, error, omission, commission, delay, failure, interruption, deletion, alteration, disruption, cessation or incursion concerning such use by us, our affiliates or any third party. Under no circumstance shall giantgrowers.com or any of its partners and affiliates be liable for any direct, indirect, consequential, accidental, or special damages, even if giantgrowers.com has been advised against the risk or possibility of such damages. The User agrees that giantgrowers.com will not be liable for any conduct or behavior of the User arising from the use of this Website. As a result, the use of this Website and all or any of its content is at the User’s sole risk.
In no event shall giantgrowers.com, nor any of its officers, directors, employees, consultants and affiliates, be liable for any loss, injury, or damage arising out of your use of this Website, whether, under contract, tort, or otherwise, and giantgrowers.com, including its officers, directors, employees, consultants and affiliates shall not be liable for any indirect, consequential or special liability arising out of your use of this Website.
Indemnification
As a condition for the use of this Website, the User agrees to indemnify giantgrowers.com and its officers, directors, employees, consultants and affiliates to the fullest extent, from and against all actions, claims, liabilities, losses, damages, costs, demands, and expenses (including reasonable attorney’s fees) arising out of the User’s use of this Website, including without limitation, any claim related to the breach of any of the provisions of these Terms and Conditions or any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of this User Agreement, your improper use of our Services or your breach of any law or the rights of a third party.
If dissatisfied with any or all of the content on this Website or any or all of its Terms and Conditions, the User shall discontinue using this Website.
Release
If you have a dispute with one or more users, you release us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees, and agents) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release, you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
Applicable Law
You agree that, except to the extent inconsistent with or preempted by federal law, the laws of the State of Florida, without regard to principles of conflict of laws, will govern this User Agreement and any claim or dispute that has arisen or may arise between you and giantgrowers.com, except as otherwise stated in this User Agreement.
Disclaimer
To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website. Nothing in this disclaimer will:
- limit or exclude our or your liability for death or personal injury;
- limit or exclude our or your liability for fraud or fraudulent misrepresentation;
- limit any of our or your liabilities in any way that is not permitted under applicable law; or
- exclude any of our or your liabilities that may not be excluded under applicable law.
The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort and for breach of statutory duty.
Termination
The provisions of these Terms and Conditions shall remain in full force and effect while you use the giantgrowers.com or its services. Users may terminate their use by following the instructions for terminating user accounts in your account settings or by contacting us at info@prevegenics.com.
We reserve the right and sole discretion to, and without notice or liability, deny access to and use of the Website (including blocking specific IP addresses) to any user for any reason including but not limited to breach of any representation, warranty, or Agreement in these Terms or any applicable law or regulation.
We also reserve the right, if, in our sole discretion, we determine that your use of the Website or its services is in breach of these Terms and Conditions or of any applicable law or regulation, to terminate your use of the Website and its services or delete your account and any or all of your content, without warning or prior notice. Suppose we terminate or suspend your account for any reason set out under this section. In that case, you are prohibited from registering and creating a new account under your name, or a false identity, or the expression of a third party. In addition to terminating or suspending your account, giantgrowers.com reserves the right to take appropriate legal action(s), including without limitation pursuing civil, criminal, and injunctive redress.
General Provisions
Language
All correspondence made under this Agreement shall be in English.
Governing Law & Jurisdiction
The Terms and Conditions of this Website will be governed by and construed under the laws of the state of Florida. You hereby unconditionally submit to the non-exclusive jurisdiction of the courts located in Florida for the resolution of any disputes.
Severability
Suppose any of Term or Condition is proven to be unenforceable or void under any applicable law. In that case, such shall not render the entirety of these Terms and Conditions unenforceable or invalid. As a result, any such provision shall be deleted without affecting the remaining provisions herein. The provisions of these Terms and Conditions that are unlawful, void, or unenforceable are deemed severable from these Terms and Conditions and do not affect any remaining provisions’ validity and enforceability.
Variation of Terms
Giantgrowers.com reserves the right to revise these Terms at any time as it sees fit. By using giantgrowers.com, you are expected to review such Terms regularly to ensure you comprehend all the Terms and Conditions regarding the use of this Website.
Assignment
Giantgrowers.com reserves the right to assign, transfer, and subcontract its rights and/or obligations under this Agreement without any prior notification or consent required. Users shall not be permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms. Furthermore, a person who is not a party to these Terms and Conditions shall have no right to enforce any provision contained therein.
Preservation of Immunities
Nothing herein shall constitute a limitation upon the privileges and immunities of giantgrowers.com which are specifically reserved.
Waiver
Our failure to exercise any or all of these Terms and Conditions’ provisions at any point in time shall not operate as a waiver of such right or provision.
Entire Agreement
These Terms and Conditions, including any legal notices and disclaimers on this Website, constitute the entire Agreement between giantgrowers.com and you concerning your use of this Website. Ultimately, this Agreement supersedes all prior agreements and understandings concerning the same.
Contact us
To resolve any complaint or clarification regarding the use of this Website or its services or receive information concerning such, please contact us at info@prevegenics.com.