Last Updated: August 13, 2022
These Good to Grow Terms of Use (“Terms”) are between Good to Grow, LLC. (together with its affiliates, “Good to Grow,” “we,” “us,” or “our”) and the person who is accessing or using this website, made available by Good to Grow (“Website Terms of Use”). These Terms govern your access to and use of this Website. By accessing or using this Website, you, on behalf of yourself and any company that you represent (together, “you”), are agreeing to comply with and be bound by these Terms and our Privacy Policy. Please ready these Terms and our Privacy Policy carefully. If you do not agree to These Terms or our Privacy Policy, do not access or use the Website. You represent that you are a natural person over eighteen (18) years of age. You further represent that you may legally enter into these Terms and that you agree with these Terms. Good to Grow may change these Terms, including Good to Grow’ Privacy Policy, at any time. Good to Grow will post all such changes on the Website and all changes will be effective immediately upon posting. Material changes will be conspicuously posted on the Website. By accessing or using the Website after changes are posted, you agree to those changes. You agree to review these Terms and Good to Grow’ Privacy Policy frequently in order to notify yourself of any changes. ARBITRATION NOTICE: These Terms contain a binding arbitration provision. You agree that, except for certain types of disputes described in the arbitration provision below, all disputes between you and Good to Grow will be resolved by mandatory binding arbitration and you waive any right to participate in a class action lawsuit or class-wide arbitration.
The information you provide by accessing and using the Website, as well as other information we collect from your use of the Website, will be handled according to our Privacy Policy. Good to Grow’ Privacy Policy describes how your personal information and other information is collected, used, and shared and is hereby incorporated by reference into these Terms. You should read our Privacy Policy and stay familiar with its terms.
This Website, including its text, audio, video, graphics, charts, photographs, interfaces, icons, software, computer code, data, trademarks, logos, slogans, names of products and services, documentation, other components, content, and tools, and the design, selection, and arrangement of content is exclusively the property of Good to Grow or, as applicable, its third-party vendors and licensors. The Website may contain references to third-party marks and copies of third-party copyrighted materials, which are the property of their respective owners. The Website is protected by copyright, trademark, and other intellectual property laws. Any unauthorized use of any trademarks, trade dress, copyrighted materials, or any other intellectual property belonging to Good to Grow or any third party is strictly prohibited and may be prosecuted to the fullest extent of the law. There are no implied rights or licenses granted to you or any other person in these Terms. Copyright © 2018 Good to Grow Farmers Market, Inc. All rights reserved.
Your use of the Website must conform to the following:
You may use the Website as a guest, but you will not be able to use all features of the Website. You will be required to either set up an online Good to Grow customer account or log into the Website using your Facebook, Twitter, or Google+ account in order to use or redeem mobile coupons, to order catering services using the Website, to save recipes, to create shopping lists, and to use certain other features of the Website. You will be required to submit certain information to set up your account and will be required to establish a username and password. You are responsible for complying with all applicable laws, regulations, and policies of all relevant jurisdictions, including all applicable local rules regarding online conduct in connection with your Good to Grow customer account. Good to Grow will presume, and you warrant, that any information received from or about you through your access to or use of the Website, including through the Good to Grow customer account creation process, is accurate, complete, current, and authorized by you. You agree not to contest the validity and binding legal effect of those communications and information. You understand and agree that perfect security does not exist anywhere, and you will therefore protect your personal information and information associated with your Good to Grow customer account, including without limitation your username and password, in a reasonable way at all times. You will not transfer your Good to Grow customer account to or share your Good to Grow customer account with any other person. Your Good to Grow customer account is personal to you. You will promptly notify Good to Grow of any unauthorized use of your Good to Grow customer account or Website contents that becomes known to you. If you create a customer account, we will collect and store information about your purchases, including to provide you functionality, more relevant mobile coupons and offers, and as otherwise described in our Privacy Policy. By creating a customer account, you agree that we may collect information about purchases you have made while signed into or using your Good to Grow customer account and when using a payment card that you have used previously while signed into your Good to Grow customer account.
If you have an online Good to Grow customer account you may download, clip, and print mobile Good to Grow coupons from the Website, and use and redeem those coupons at Good to Grow retail stores. Your use and redemption of mobile coupons is subject to our Mobile Coupon Terms, any rules contained in or on the coupons, and other terms as may be made available from time to time by Good to Grow.
To participate in any sweepstakes or promotions that Good to Grow may make available, you may be required to provide additional information. Additional terms and eligibility criteria may apply to your participation.
You may order catering services using the Website. Information about our collection and use of payment-related information is described in our Privacy Policy. If the credit or debit card information that you submit is incorrect or invalid, your payment will not be processed. We have no responsibility or liability if your credit or debit card is declined by your financial institution. Payments are processed by our PCI-compliant third-party payment processor. Refunds, if available, are solely the responsibility of Good to Grow and are at Good to Grow’ sole discretion.
Any products, programs, or services that may be mentioned in the Website are subject to availability and terms not described in these Terms may apply. Prices will be as posted on the Website as of the date and time of your order, as applicable. Availability of products may be limited. Some products may not be available in certain areas. Good to Grow may change the products mentioned on the Website at any time without notice. You agree that Good to Grow may add to, delete from, and modify the Website at any time without notice and without permission from you or any third party.
These Terms will continue until terminated by you or Good to Grow as permitted by these Terms. You may terminate these Terms at any time and for any reason or no reason by ceasing all access to and use of the Website and its contents. Good to Grow may terminate these Terms and your access to and use of the Website at any time and for any reason or no reason, without notice or liability, including if you breach these Terms. Upon any termination of these Terms you must promptly cease accessing and using the Website. Any provisions of these Terms that are intended to survive termination (including without limitation any provisions regarding indemnification, limitation of our liability, and dispute resolution) will continue in effect beyond any termination of these Terms or of your access to or use of the Website.
GOOD TO GROW PROVIDES THE WEBSITE ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTY OR ASSURANCES OF AVAILABILITY OR USABILITY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GOOD TO GROW HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, ARISING FROM COURSE OF DEAL, USAGE OR TRADE, OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND THOSE REGARDING FITNESS FOR A PARTICULAR PURPOSE, AVAILABILITY, QUALITY, ACCURACY, COMPATIBILITY WITH ANY STANDARDS OR USER REQUIREMENTS, NON-INFRINGEMENT, AND TITLE. GOOD TO GROW DOES NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ANY DEFECTS IN THE WEBSITE WILL BE CORRECTED. GOOD TO GROW IS NOT RESPONSIBLE FOR ANY CONTENT, PROGRAM, TOOL, OR APPLICATION IN CONNECTION WITH THE WEBSITE OR FOR ANY ACTION TAKEN IN RELIANCE THEREON. IN ADDITION, GOOD TO GROW WILL NOT BE LIABLE TO YOU FOR ANY INTERCEPTION OF ONLINE COMMUNICATIONS, SOFTWARE OR HARDWARE ISSUES (INCLUDING WITHOUT LIMITATION VIRUSES, OTHER HARMFUL CONDITIONS OR COMPONENTS, LOSS OF DATA, AND COMPATIBILITY CONFLICTS), OR OTHER CONSEQUENCES OF YOUR ACCESS TO OR USE OF THE WEBSITE. GOOD TO GROW HAS NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY, OR FAILURE TO STORE ANY USER COMMUNICATION. YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK AND YOU, ALONE, ARE RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER HARDWARE, SOFTWARE, SYSTEMS, AND NETWORKS, ANY LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY INFORMATION FROM THE WEBSITE, AND FOR ANY OTHER DAMAGE THAT MAY BE INCURRED. WE MAKE NO REPRESENTATION THAT THE WEBSITE IS APPROPRIATE OR AVAILABLE FOR USE IN LOCATIONS OTHER THAN THE UNITED STATES. IF YOU CHOOSE TO ACCESS THE WEBSITE FROM LOCATIONS OTHER THAN THE UNITED STATES, YOU DO SO AT YOUR OWN RISK AND YOU ARE RESPONSIBLE FOR COMPLYING WITH APPLICABLE LAWS AND REGULATIONS. NO ADVICE OR INFORMATION, ORAL OR WRITTEN, OBTAINED BY YOU FROM GOOD TO GROW OR IN ANY MANNER FROM THE WEBSITE CREATES ANY WARRANTY.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL GOOD TO GROW, ITS AFFILIATES, OR ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS, LICENSORS, SUPPLIERS, CONTRACTORS, REPRESENTATIVES, OR EMPLOYEES (“GOOD TO GROW PARTIES”) BE LIABLE TO YOU OR ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OR LOSSES, OR ANY OTHER DAMAGE OR LOSS OF ANY KIND, ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE OR YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE WEBSITE (INCLUDING WITHOUT LIMITATION THE INPUT OF PERSONALLY IDENTIFIABLE AND OTHER INFORMATION INTO THE WEBSITE), HOWEVER AND WHEREVER ARISING, WHETHER THE CLAIM IS BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, WARRANTY, OR OTHERWISE, AND EVEN IF A GOOD TO GROW PARTY HAS EXPRESS KNOWLEDGE OF THE POSSIBILITY OF THE DAMAGE OR LOSS. YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP ACCESSING AND USING THE WEBSITE. WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL THE TOTAL LIABILITY OF THE GOOD TO GROW PARTIES UNDER THESE TERMS OR REGARDING THE WEBSITE EXCEED ONE HUNDRED DOLLARS ($100), EVEN IF THIS REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS OF CERTAIN DAMAGES SO SOME OF THE FOREGOING MAY NOT APPLY TO YOU. YOU AND GOOD TO GROW AGREE THAT ANY CAUSE OF ACTION BY YOU ARISING OUT OF OR RELATED TO THESE TERMS MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
You will indemnify, defend, and hold harmless the Good to Grow Parties from and against any claims, demands, losses, liabilities, complaints, actions, damages, judgments, settlements, fines, penalties, expenses, and costs, including reasonable attorneys’ fees, due to or arising out of your access to or use of the Website, your misuse of any material, data, or other information downloaded or otherwise obtained from the Website, your order of products or services via the Website, your breach of these Terms, or your violation of any law, regulation, or rights of any third party. We reserve, and you grant to us, the exclusive right to assume the defense and control of any matter subject to indemnification by you.
You understand and agree that when using the Website you may be exposed to information from a variety of sources and that Good to Grow is not responsible for the accuracy, content, usefulness, safety, or intellectual property rights of or relating to such information. Additionally, the Website may link to, or be linked to, websites not maintained or controlled by Good to Grow. Those links are provided as a convenience and Good to Grow is not responsible for examining or evaluating the content or accuracy of, and does not warrant or endorse, any third-party website or any products or services made available through those websites. Please take care when leaving the Website to visit a third-party website. You should read the terms of use and privacy policy for each website that you visit.
If you operate a website and are interested in linking to the Website: (a) the link must be a text-only link and clearly marked; (b) the link must “point” to the URL “https://www.bio-shieldsystems.com/” and not to any other page; (c) the link and its use must be in connection with a website of appropriate subject matter; (d) the link and its use must not, nor have the potential to, damage or dilute the goodwill associated with Good to Grow Marks (Including Bio-ShieldTM); (e) the link and its use must not create the false appearance that any program, person, or entity is associated with or sponsored by Good to Grow; and (f) the link, when activated by a user, must display the Website full-screen and not within a frame. Good to Grow reserves the right to revoke consent to link to the Website at any time in its sole discretion, either by amending these Terms or through other notice.
Good to Grow welcomes comments and other feedback regarding the Website. If you submit feedback to us regarding the Website, via email or otherwise, it will not be considered or treated as confidential. You warrant that you have all rights necessary to submit any feedback. We may use any comments and feedback that you send us in our discretion and without attribution or compensation to you.
These Terms will be governed by the laws of the State of California, without regard to any laws that would direct the choice of another state’s laws and, where applicable, by the federal laws of the United States. You irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the federal or state courts, as applicable, located in San Diego, California, for any dispute or litigation arising out of or relating to these Terms or the use of the Website unless otherwise determined by Good to Grow in its sole discretion. You waive any objection to the laying of venue of any such litigation in California courts and agree not to claim that any litigation has been brought in an inconvenient forum. In other words, if you and Good to Grow have a dispute, you agree to resolve it in a San Diego County, California, court unless otherwise determined by Good to Grow in its sole discretion. You agree that the Website will be deemed solely located in California and the Website is and will be deemed a passive website that does not give rise to personal jurisdiction over Good to Grow, either specific or general, in jurisdictions other than California.
Please read the following paragraphs carefully because they require you to arbitrate disputes with Good to Grow and limit the manner in which you can seek relief from us. A. Applicability. You agree that any dispute, controversy or claim arising out of, or relating to, these Terms (including the breach, termination, enforcement, interpretation, or validity of these Terms) (together, “Disputes”) will be resolved by confidential and binding arbitration on an individual basis as described in these Terms (this “Arbitration Agreement”). The place of arbitration will be San Diego County, California, unless otherwise agreed to in writing by all parties to the arbitration. But, in the event of any actual, alleged, or threatened violation of confidentiality or violation of Good to Grow’ intellectual property or other proprietary rights, Good to Grow may immediately resort to court proceedings in a court of competent jurisdiction in order to seek immediate injunctive relief without posting bond, proving damages, or meeting any similar requirement. Any institution of any action for injunctive relief will not constitute a waiver of the right or obligation of either party to submit any claim seeking relief other than injunctive relief to arbitration. This Arbitration Agreement applies to you; Good to Grow; Good to Grow’ affiliates; Good to Grow’ and its affiliates’ respective directors, officers, employees, owners, agents, predecessors in interest, successors in interest, and assigns; authorized and unauthorized users or beneficiaries of the Website; and any third-party beneficiaries. This Arbitration Agreement evidences a transaction involving interstate commerce and the Federal Arbitration Act, 9 U.S.C. Sections 1-16, will govern the interpretation, enforcement, and proceedings pursuant to this Arbitration Agreement. B. Arbitrator. Arbitration proceedings will be administered by the American Arbitration Association (“AAA”) and in accordance with the AAA’s Commercial Arbitration Rules and the Supplementary Procedures for Consumer-Related Disputes then in effect except as stated below. A single arbitrator with knowledge of electronic commerce will conduct the arbitration and that arbitrator may grant injunctions or other relief in such dispute or controversy. The parties will mutually agree upon such arbitrator, but if the parties have not agreed on an arbitrator within thirty (30) days of the date of the notice of intention to arbitrate, the AAA will select the arbitrator from its list of commercial arbitrators. The arbitrator will conduct a single hearing no longer than one (1) day in duration for the purpose of receiving evidence and will render a decision within fifteen (15) days after the conclusion of the hearing. The decision of the arbitrator will be final, conclusive and binding on the parties to the arbitration. Judgment may be entered on the arbitrator’s decision in any State or Federal court of competent jurisdiction. The cost of the arbitrator will be shared equally, and all other expenses of arbitration, including attorneys’ fees, will be paid by the party who incurred them. Any arbitration proceeding may not be consolidated or joined with any other proceeding and will not proceed as a class action. You further agree that you will not participate in any way in any class action in connection with any Dispute, either as a class representative plaintiff or as a member of a putative class. The parties understand that they would have had a right or opportunity to litigate Disputes through a court, to have a judge or jury decide their case, and to participate in a class action or other proceeding involving multiple claimants, but they have instead chosen to have all Disputes decided through individual arbitration. C. Place; Federal Arbitration Act. The place of arbitration will be San Diego County, California, unless otherwise agreed to in writing by all parties to the arbitration. This Arbitration Agreement evidences a transaction involving interstate commerce and the Federal Arbitration Act, 9 U.S.C. Sections 1-16, will govern the interpretation, enforcement, and proceedings pursuant to this Arbitration Agreement. D. Confidentiality. Any and all actions taken under this Arbitration Agreement, including all filings, orders, judgments, and awards made in any arbitration proceeding, are confidential and may not be disclosed to any third party. E. Time Limitation on Claims. Arbitration proceedings must be initiated within one (1) year after any Dispute arises; otherwise, the Dispute is permanently barred.
Neither these Terms, nor any rights hereunder, may be assigned by operation of law or otherwise, in whole or in part, by you without the prior written permission of Good to Grow. Any purported assignment without such permission will be void. These Terms may be assigned by Good to Grow in whole or in part without notice.
These Terms do not confer any rights, remedies, or benefits upon any person other than you and Good to Grow, except that our affiliates are third-party beneficiaries of these Terms.
These Terms, including our Privacy Policy and any other items incorporated herein, are the entire agreement between the parties with respect to their subject matter and supersede any and all prior or contemporaneous or additional communications, negotiations, and agreements with respect thereto. Any Good to Grow waiver of any rights under these Terms must be in writing, signed by Good to Grow, and any such waiver will not operate as a waiver of any future breach of these Terms. In the event any portion of these Terms is found to be illegal or unenforceable, such portion will be severed from these Terms and the remaining provisions will be separately enforced. The headings in these Terms are for convenience only and do not affect the interpretation of these Terms. These Terms inure to the benefit of Good to Grow’ successors and assigns.
These Terms and any other documentation, agreements, notices, or communications between you and Good to Grow may be provided to you electronically to the extent permissible by law. Please print or otherwise save a copy of all documentation, agreements, notices, and other communications for your reference.
If you have any questions or comments about Good to Grow, the Website, or these Terms, you may contact Good to Grow using our Website’s Contact Us form.
