Terms of service

Last Updated: February 13, 2024

These Terms of Use govern your use of and access to the Love Grown Sites.  By accessing or using the Love Grown  Sites, or by accepting these Terms of Use, whether by clicking or any other method we specify, you agree to these Terms of Use.  If you violate or do not agree to these Terms of Use, your access to and use of the Love Grown  Sites is unauthorized.

IMPORTANT: BY USING THE LOVE GROWN SITES, YOU AGREE TO RESOLVE ANY DISPUTE WITH LOVE GROWN THROUGH BINDING ARBITRATION, NOT IN COURT, AND YOU WAIVE CERTAIN RIGHTS TO PARTICIPATE IN CLASS ACTIONS. CERTAIN EXCEPTIONS AND WAIVERS ARE DETAILED IN SECTIONS 15 AND 16.

In these Terms of Use:

• When we say “Love Grown”, we mean Lovegrown.com, Inc. and any subsidiaries and affiliates of Love Grown (including any that Love Grown may form or acquire in the future). We also refer to Love Grown as “we”, “us” or “our” – we hope these Terms of Use read better when we do that.
• When we say “Love Grown Sites”, we mean Loevgrown.com, any Love Grown mobile app(s), and all related services, content, functionality and transactions offered by Love Grown on or through Lovegrown.com and the Love Grown app(s).
• When we say “you” or “your”, we mean users of and visitors to the Love Grown Sites (including you).
• When we say “Members”, we mean users of the Love Grown Sites who have registered for Love Grown accounts (including you, if you’ve done that).
• When we say “Terms of Use”, we mean these Terms of Use and all other terms and policies on the Love Grown Sites (including updates we send or post).

Over time, we’ll continue to update these Terms of Use – we explain that in section 17.

1. Member Account Registration
   To make a purchase on Love Grown, you must become a Member by registering for an account at lovegrown.com.  You must be at least 18 years old to register for an account.  You are limited to [one] account per individual.
   You agree that all registration information you provide us will be accurate and complete, and you agree to keep your account information current and up-to-date.  You agree to keep your Love Grown username and password confidential.  You will be responsible and liable for all purchases made, and anything else that occurs, through your account.
   Please notify us immediately of any suspected unauthorized activity on your account by sending an email to hi@lovegrown.com
2. Placing an Order on Love Grown
• Shipping
  Love Grown ships to all 50 states, plus Puerto Rico and the District of Columbia.
• Payment Authorization. You authorize Love Grown to charge all sums for orders that you make to the payment method designated in your account. If there is a problem charging your selected payment method, we may charge any other valid payment method associated with your account. Love Grown reserves the right to request additional information from you if we have reason to believe, in our sole discretion, that a payment method may be fraudulent.
• Prices & Fees.You understand that Love Grown reserves the right to change its prices at any time, at its discretion. Love Grown may change the fees for our Service as we deem necessary or appropriate for our business, including but not limited to delivery fees and service fees.
• Refunds and Credits. If you are not satisfied with your order, please contact us at hi@lovegrown.com within thirty (30) days of receipt. Love Grown has no obligation to provide refunds or credits, but may grant them in our discretion. Credits are nontransferable and not exchangeable for cash.
  If any item you request becomes unavailable on the Love Grown Sites, instead of canceling an order, we may, in our discretion, purchase and/or have fulfilled the unavailable item(s) on your behalf from third parties.  If we do this, we will of course only charge you the price quoted in your Love Grown purchase order.
• Taxes. Items sold on the Love Grown Sites may be subject to sales tax.  Prior to submitting your purchase request, you will see an estimate of the tax to be collected on your order.  This tax amount will depend on various factors, including the items purchased, the shipment destination, and the identity and location of the seller(s).
  Unless specifically indicated on the checkout page, Love Grown is the seller of items purchased on the Love Grown Sites. Any applicable tax on those items will be applied to the item price you pay for taxable items, less any savings amounts.
  If Love Grown is not the seller of your items, items will be subject to tax based on the sales tax collection obligations of the seller. Applicable tax on those orders will be applied to the item price indicated by the seller and viewable on the checkout page.

1. Savings Estimates & Calculations

Our Platform and Services estimate projected savings for each customer based on a customer’s current Autoship or one-time cart total. All projected and stated savings are solely estimates and are subject to change at any time without notice. We make no guarantees that a customer will save the projected or estimated amount.

 

1. Autoship 

• Autoship is a recurring shipment feature of the Love Grown.  For new members joining after February 1, 2024 the items placed in the member’s first order are defaulted to the Autoship recurring shipment setting every one month unless the member modifies this selection as described below.   Items defaulted to Autoship will ship on a recurring basis until the member modifies or cancels future shipments.  New orders placed after the first order are not defaulted to Autoship and can be added to Autoship on a product-by-product basis. Autoship orders and charges will occur as set forth in your Autoship Account. Items in your Autoship order will thereafter automatically be added to a future order according to your chosen delivery schedule and you will be charged the then-current retail price for any such Autoship items until you cancel. 
• Managing Autoship:  Autoship settings can be changed, paused, or canceled at any time through the “Manage Autoship” links on the member account.  Autoship-eligible products selected will automatically be sent to you at the designated frequency (e.g. one month, two months, etc.) unless (i) you choose to skip, modify, or cancel a delivery or (ii) the item is out of stock, and you will be automatically charged on the scheduled Autoship order processing date, which can be found at the “Manage Autoship” section or account settings of your Account page. You can edit your Autoship orders up until 11:59 PM on the day prior to their scheduled order processing date.  Not all items are eligible for Autoship.  

 

Item prices may vary from shipment to shipment.  Love Grown will notify you of the current price in advance of each shipment. If an Autoship item is out of stock at the time of shipment, you will be notified and you will not be charged for that item for that period.  Shipping charges may apply depending on the specifics of each order. 

 

• Canceling Autoship: To cancel your Autoship, go to your “Manage Autoship” or your Account settings, where you may also remove products that you no longer want to Autoship. Any items not removed from the Autoship list will be charged and delivered to you. You may also disable Autoship altogether through Autoship Manager. You accept responsibility for all recurring charges for items not removed from the Autoship list prior to their scheduled order processing date, including any charges processed by Love Grown after the expiration date of your payment card, where applicable.

 

• Promotions and Offers

From time to time, we may provide promotions or offers for qualified customers (“Promotions”), such as sales, special discounts, free gift with purchase and Love Grown Credits.  Promotions may be subject to separate terms and conditions. In addition, for some products and services exclusions may apply. All Promotions are valid through their stated expiration dates, may be limited to specific quantities, are valid while supplies last, are limited to quantities on hand, are limited to one per customer, are not applicable towards the purchase of gift cards or memberships, and may not apply to certain merchandise. Any required spend amount refers to the purchase price of eligible products and does not include tax or shipping fees. Certain exclusions or other restrictions may be determined and communicated by Love Grown in its sole discretion. Not all products Love Grown sells are eligible for promotional or discount pricing. No substitutions or cash redemption is available. Love Grown reserves the right to make the final decision with respect to any redemption or fulfillment of any Promotion in its sole discretion. You agree to abide by the terms and conditions of any Promotion and acknowledge that circumvention of the terms and conditions of any such Promotion is an unauthorized or fraudulent act. You will be liable for damages caused by any such unauthorized or fraudulent act, and Love Grown reserves the right to charge the payment method in your account an amount equal to such damages. All Promotions are subject to cancellation or modification at any time. 

 

1. Additional Policies
   Over time, we may in our discretion implement additional policies, such as regarding refunds, credits, shipping, delivery, or payment.   We will post these policies on the Love Grown Sites; you agree that you will review these policies to the extent they may pertain to or be material to you.
2. No Resale
   You are not permitted to purchase products on Love Grown for the purpose of resale, rental, or to ship to your own customers or potential customers, including for resale on marketplaces such as Amazon, Walmart or eBay.
3. Accuracy, Completeness and Timeliness of Information on the Love Grown Sites
   The Love Grown Sites contain various information and product descriptions provided by third party sellers and other content providers.  Some of the information is information we have created, and some is information that has been created by other brands and companies offering or creating the products.  Despite our efforts to be accurate, we don't guarantee any aspect of any product information on the Love Grown Sites that we have not created, including, without limitation, product images, descriptions and specifications.
   If you purchase a product that is not as described, you agree that your sole remedy against Love Grown is to return it and/or request a refund.
   If you find an error or notice something that doesn't look right on the Love Grown Sites, we would greatly appreciate it if you would let us know by contacting us at hi@lovegrown.com. We appreciate the assistance and apologize for any inconvenience.
4. Health-Related Products:  Disclaimer
   We may offer health-related products such as foods or drinks with potential or actual beneficial qualities or fitness claims, or other alternative health remedies.
   Please note that no information on the Love Grown Sites, including, without limitation, health, medical, wellness, fitness, prescription and pharmaceutical information, is intended to be a substitute for the diagnosis, treatment or advice of a medical professional.  The Love Grown Sites do not include all information regarding precautions, dosage information, side effects or interactions and should not be understood to indicate that any drug or other product is safe for you.
   We therefore recommend that you consult your doctor or other medical professional for guidance before using any drug or any other product relating to health, medicine, wellness or fitness.  Please contact your medical professional immediately if you suspect you have a medical problem.  Likewise, you may consult the actual product information included with the product (including package inserts) or contact the manufacturer of the product for additional information.
5. Nutritional Information & Allergens
   Any nutritional, ingredient and allergen information displayed on the Love Grown Sites is based on information provided by product manufacturers and suppliers who may modify their products and update their labels from time to time. For this reason, we cannot guarantee that such information is accurate or complete.  In addition, any food that you purchase from the Love Grown Sites may be prepared, stored or packaged in facilities that process the 8 major U.S. allergens – milk, eggs, fish, shellfish, tree nuts, peanuts, wheat and soy.  We cannot guarantee that cross-contamination may occur between ingredients.
6. Privacy
   You consent to the collection, use, disclosure and other handling of information as described in our Privacy Policy as it may be updated from time to time. You consent to our monitoring and recording of telephone calls, emails, and texts (and other forms of communications) between you and us, no matter who initiates the communication.
7. Use of Materials on the Love Grown Sites
   All content on the Love Grown Sites (including, for example, text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, information, code and software, and the selection and manner of compilation and presentation), is the exclusive property of and owned by Love Grown, other content providers (such as Love Grown’s retail partners or suppliers) or their licensors, and may be protected by copyright, trademark and other applicable laws.
   Your access to and use of the Love Grown Sites does not grant you any license or right to use any trademark, logo or service mark displayed on the Love Grown Sites. Love Grown, its suppliers, other content providers, or their licensors retain full and complete title to and reserve all rights in the material on the Love Grown Sites, including all associated intellectual property rights.  Love Grown neither warrants nor represents that your use of materials on the Love Grown Sites will not infringe rights of third parties.
   You may access the Love Grown Sites only for your personal and non-commercial use, and you may not modify or delete any copyright, trademark or other proprietary notice that appears on the material you access.
   Any other use of the material on the Love Grown Sites, including, without limitation, the modification, distribution, transmission, performance, publication, uploading, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any material, information, software, products or services obtained from the Love Grown Sites, or use of the Love Grown Sites for purposes competitive with Love Grown, or for other commercial purposes, is expressly prohibited. You agree to abide by all additional restrictions displayed on the Love Grown Sites as they may be updated from time to time.
8. Materials You Submit
   You acknowledge that you are responsible for all materials you submit to Love Grown via the Love Grown Sites or other electronic communications (including through any components of the Love Grown Sites administered by third parties, such as tools that allow you to interact with the Love Grown Sites through Facebook and other social media platforms), including the legality, accuracy, appropriateness, originality and copyright of any such material.
   Unless we indicate otherwise, if you submit any material to us, you grant Love Grown an unrestricted, worldwide, nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display these material throughout the world in any media. You further agree that Love Grown is free to use any ideas, concepts, feedback and know-how that you provide to Love Grown. You grant Love Grown the right to use the name you submit in connection with such material, if we choose. You represent and warrant that you own or otherwise control in perpetuity all the rights to the content you submit, that such content is accurate, and that use of such content will not violate any law or these Terms of Use.
   You agree not to submit content that (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, , rights of publicity or privacy or other intellectual property rights; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, dishonest, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity;  (vii) promotes illegal or harmful activities or substances or is illegal or harmful; (viii) has a commercial purpose; or (ix) can be considered a third party’s private or confidential information.
9. Restrictions on Access and Use
   When accessing and using the Love Grown Sites, you agree that you will not: 
• Violate any law, rule or regulation, or these Terms of Use;
• Engage in conduct that is fraudulent or otherwise harmful to Love Grown, our partners or any other user;
• Display to others, mirror or frame the Love Grown Sites, or any component of the Love Grown Sites;
• Access, tamper with, or use non-public areas of the Love Grown Sites, Love Grown’s computer systems, or the technical delivery systems of Love Grown or Love Grown’s providers;
• Probe, scan, or test the vulnerability of any Love Grown Sites or breach any security or authentication measures;
• Interfere with the access of any user, host or network, including, without limitation, by sending a virus, overloading, flooding, spamming, or mail-bombing the Love Grown Sites;
• Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure intended to protect, limit access to or control the Love Grown Sites;
• Disclose, or permit third parties to use, your login credentials and/or account;
• Use a third party’s credentials, conceal your true IP address, or otherwise impersonate or misrepresent your identity or affiliation with any person or entity;
• Use the Love Grown Sites to determine whether a third party holds any type of account, or to learn about or verify information about the account that is not yours;
• Access the Love Grown Sites if we have prohibited you from such access;
• Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
• Use any meta tags or other hidden text or metadata utilizing a Love Grown trademark, logo, URL or product name without Love Grown’s express written consent;
• Decipher, decompile, disassemble or reverse engineer any of the software used on or in connection with the Love Grown Sites;
• Collect any personally identifiable information from users of the Love Grown Sites or use any such information found on the Love Grown Sites.
• Attempt to do anything, or permit, encourage or allow any party to do anything, prohibited in this list of bulleted items, or attempt, permit, or allow or encourage any other violation of these Terms of Use.
10. You agree that you will only access the Love Grown Sites from devices that have up-to-date operating systems and security software.
    You agree not to, directly or indirectly (e.g., through a third party), attempt to access, search, or otherwise use the Love Grown Sites (such as by attempting to retrieve information from or about the Love Grown Sites) through the use of any engine, software, tool, agent, device or mechanism (including, without limitation, spiders, robots, crawlers and data mining tools) other than generally available third-party web browsers that (1) provide accurate and complete User-Agent information in the HTTP header, such as Safari, Firefox, Chrome and Internet Explorer and (2) have not been modified with plugins or otherwise in a manner that facilitates automated or faster-than-normal access to, searching of, or other use of the Love Grown Sites. You also agree not to disregard our robots.txt files (but in the event of a conflict between these Terms of Use and a Love Grown Site’s robots.txt file, the more restrictive of the two shall apply).
    If you attempt to access, search or otherwise use the Love Grown Sites in any way other than through a generally available third-party web browser meeting the conditions described above, or if you disregard our robots.txt files, you agree that such action shall constitute your permanent consent and authorization for Love Grown to immediately and without notice to you, access, search, retrieve information from or about, or otherwise use, any websites that you or your affiliates own, operate or control, through any engine, software, tool, agent, device or mechanism that Love Grown considers appropriate, including, without limitation, spiders, robots, crawlers and data mining tools, regardless of any statement on such websites (or in their terms of use, terms of service, robots.txt files, or the like) to the contrary, either directly or indirectly (e.g., through a third party).
    If you are accessing the Love Grown Sites as an employee or agent, you acknowledge that you are extending the permanent consent and authorization described above on behalf of your employer or principal, and you represent that you have authority from that employer or principal to do so.
    If you are accessing the Love Grown Sites as an employer or principal, you authorize your employee or agent to extend on your behalf the permanent consent and authorization described above, and you acknowledge that your permanent consent and authorization will bind all of your employees and agents.
11. Notice of Copyright Infringement
    Love Grown has reserved the right, in its sole discretion, to terminate users of the Love Grown Sites, including Love Grown’s retail partners, who infringe on copyrights of Love Grown or others. If you believe that your copyright, or the copyright of a person on whose behalf you are authorized to act, has been infringed, please send a written notice to Love Grown at copyright@lovegrown.com containing the following information:
• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works.
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
• Contact information for the notifying party, including name, address, telephone number, and email address.
• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
• A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
12. DISCLAIMER OF WARRANTIES
    This section of these Terms of Use is important because Love Grown, as an ecommerce platform, disclaims certain warranties and liabilities.  In other words, this agreement means we will not assume responsibility for certain things that may occur.  We nonetheless do intend to try to help our customers wherever we can (without legal obligations).
    THIS DISCLAIMER SECTION IS AN ESSENTIAL PART OF THESE TERMS OF USE.  THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY MADE TO YOU BY THE MANUFACTURER OF THE ITEM. 
    YOUR USE OF THE LOVE GROWN SITES IS AT YOUR SOLE RISK. THE LOVE GROWN SITES, AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS, ADVICE AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE LOVE GROWN SITES ARE PROVIDED SOLELY ON AN "AS IS" AND "AS AVAILABLE" BASIS.
    TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED.  THESE DISCLAIMERS INCLUDE, WITHOUT LIMITATION:
• THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE;
• ANY WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING;
• THAT ACCESS TO THE LOVE GROWN SITES WILL BE UNINTERRUPTED OR ERROR-FREE;
• THAT THE LOVE GROWN SITES WILL BE SECURE;
• THAT THE LOVE GROWN SITES OR THE SERVERS THAT MAKE THE SITES AVAILABLE WILL BE VIRUS-FREE; AND
• THAT COMMUNICATIONS SENT FROM THE LOVE GROWN SITES ARE FREE OF MALWARE OR OTHER HARMFUL COMPONENTS.
13. YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SITES AND THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE SITES MAY NOT BE SECURE AND MAY BE INTERCEPTED OR OTHERWISE ACCESSED BY UNAUTHORIZED PARTIES.
    CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU DESPITE THE “APPLICABLE LAW” SECTION OF THESE TERMS OF USE, SOME OR ALL OF THE ABOVE MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
14. LIMITATION OF LIABILITY
    This section of these Terms of Use is also important because Love Grown limits many of its liabilities.  We limit our liabilities for many reasons, but mainly because it helps us to provide our platform to you as efficiently as possible, and (we believe) correct any dissatisfaction without means of lawsuits or extensive legal disputes.
    IN NO EVENT SHALL LOVE GROWN OR ITS OFFICERS, DIRECTORS, SHAREHOLDERS, INVESTORS, AGENTS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES, AFFILIATES, PARENTS, SUBSIDIARIES, LICENSORS, SUBLICENSEES, SUCCESSORS OR ASSIGNS (COLLECTIVELY, WITH LOVE GROWN, THE “LOVE GROWN ENTITIES”) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS OF PROFITS, LOSS OF USE, LOSS OF DATA, INTERRUPTION OF BUSINESS, OR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SERVICE OR WITH THE DELAY OR INABILITY TO USE SAME, OR FOR ANY BREACH OF SECURITY, OR FOR ANY CONTENT, MENU ITEMS, AND SERVICE OBTAINED THROUGH OR VIEWED ON THE SERVICE, OR OTHERWISE ARISING OUT OF THE USE OF SAME, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, REGULATION, COMMON LAW PRECEDENT OR OTHERWISE, EVEN IF THE LOVE GROWN ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES AND EVEN IF SUCH DAMAGES RESULT FROM ANY LOVE GROWN ENTITY’S NEGLIGENCE OR GROSS NEGLIGENCE. IN NO EVENT SHALL THE LOVE GROWN ENTITIES’ AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE EXCEED ONE HUNDRED U.S. DOLLARS (U.S. $200.00) OR THE COST OF THE INCIDENT (E.G., YOUR PURCHASED GOODS)) FROM WHICH ANY ALLEGED CLAIM ARISES. ADDITIONAL DISCLAIMERS BY LOVE GROWN MAY APPEAR WITHIN THE SERVICE AND ARE INCORPORATED HEREIN BY REFERENCE. TO THE EXTENT ANY SUCH DISCLAIMERS PLACE GREATER RESTRICTIONS ON YOUR USE OF THE SERVICE OR THE MATERIAL CONTAINED THEREIN, SUCH GREATER RESTRICTIONS SHALL APPLY. SOME JURISDICTIONS RESTRICT OR DO NOT ALLOW THE LIMITATION OF LIABILITY IN CONTRACTS, AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU. IN CASES WHERE SUCH LAWS APPLY, LIABILITY OF THE LOVE GROWN ENTITIES SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW AND SHALL NOT HAVE THE EFFECT OR WAIVING RIGHTS THAT MAY NOT BE WAIVED AS A MATTER OF LAW.
    CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU DESPITE THE “APPLICABLE LAW” SECTION OF THESE TERMS OF USE, SOME OR ALL OF THE ABOVE MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
15. Indemnification
    You agree to indemnify, defend and hold harmless Love Grown and its subsidiaries and affiliates, and as to each, their officers, directors, employees, contractors, agents, licensors, service providers, subcontractors and suppliers, from and against any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising out of or relating to your access to or use of the Love Grown Sites, any content you post or submit to the Love Grown Sites, your violation of law or infringement of the rights of a third party, or your other violation of these Terms of Use. Love Grown reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in any case, you agree to cooperate with Love Grown if and as requested by Love Grown in the defense of such matter.
16. New York Law Applies
    The laws of the State of New York apply to everything relating Love Grown and the Love Grown Sites relationship to you.   This means that any and all disputes, claims and controversies arising out of or relating to the Love Grown Sites, including the sale of products or the content, services, or technology, on or used through the Love Grown Sites, shall be governed by and construed exclusively in accordance with the laws and decisions of the State of New York applicable to contracts made, entered into and performed entirely therein, without giving effect to its conflict of laws provisions (except for Sections 5-1401 and 5-1402 of the New York General Obligations Law). The United Nations Convention on Contracts for the International Sale of Goods shall not apply.
17. Arbitration and Class Action Waiver
    
    PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
    You and Love Grown agree that these Terms may affect interstate commerce and that to the broadest extent permissible under law, the Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions.
    This Section is intended to be interpreted broadly and governs any and all disputes between us, including but not limited to claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; claims that arose before these Terms or any prior agreement (including, but not limited to, claims related to advertising, and any content available on or through any App or our Site); and claims that may arise after the termination of these Terms. The only disputes excluded from this broad prohibition are the litigation of certain intellectual property and small court claims, as provided below.
    By agreeing to these Terms, you agree to resolve any and all disputes with Love Grown as follows:
    Initial Dispute Resolution: Most disputes can be resolved without resort to litigation. You can reach Love Grown at hi@lovegrown.com. Except for intellectual property and small claims court claims, the parties agree to use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation with Love Grown, and good faith negotiations shall be a condition to either party initiating a lawsuit or arbitration.
    Binding Arbitration: If the parties do not reach an agreed-upon solution within a period of thirty (30) days from the time informal dispute resolution is initiated under the Initial Dispute Resolution provision above, then either party may initiate binding arbitration as the sole means to resolve claims, subject to the terms set forth below. Specifically, all claims arising out of or relating to these Terms (including the Terms’ or Privacy Policy’s formation, performance, and breach), the parties’ relationship with each other, and/or your use of our App or our Site shall be finally settled by binding arbitration administered by JAMS in accordance with the JAMS Streamlined Arbitration Procedure Rules for claims that do not exceed $250,000 and the JAMS Comprehensive Arbitration Rules and Procedures for claims exceeding $250,000 in effect at the time the arbitration is initiated, excluding any rules or procedures governing or permitting class actions. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms or the Privacy Policy, including but not limited to any claim that all or any part of these Terms or Privacy Policy is void or voidable, whether a claim is subject to arbitration, or the question of waiver by litigation conduct. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be written and shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. To start an arbitration, you must do the following: (a) write a Demand for Arbitration that includes a description of the claim and the amount of damages you seek to recover (you may find a copy of a Demand for Arbitration at www.jamsadr.com ); (b) send three copies of the Demand for Arbitration, plus the appropriate filing fee, to JAMS, 620 Eighth Ave. NY Times Building 34th Floor New York, NY 10018 USA; and (c) send one copy of the Demand for Arbitration to Love Grown at 224 W 35th St, Ste 500 #2541, New York, NY 10001.
    To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, Love Grown will pay the additional cost. If the arbitrator finds the arbitration to be non-frivolous, Love Grown will pay the fees invoiced by JAMS, including filing fees and arbitrator and hearing expenses. You are responsible for your own attorneys’ fees unless the arbitration rules and/or applicable law provide otherwise.
    The parties understand that, absent this mandatory arbitration provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.
    You and Love Grown agree that any arbitration will take place in the county of your billing address, provided that you may attend telephonically or videographically, in which case we will do the same. You and Love Grown further agree to submit to the personal jurisdiction of any federal or state court in New York County, New York in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
    Class Action Waiver: The parties further agree that the arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND LOVE GROWN AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provisions set forth above (but not the remainder of the Terms of Use) shall be deemed null and void in their entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
    Exception for Litigation of Intellectual Property and Small Claims Court Claims: Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may bring enforcement actions, validity determinations or claims arising from or relating to theft, piracy or unauthorized use of intellectual property in state or federal court or in the U.S. Patent and Trademark Office to protect its intellectual property rights (“intellectual property rights” means patents, copyrights, trademarks, and trade secrets, but not privacy or publicity rights). Either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.
    30-Day Right to Opt Out: You have the right to opt out and not be bound by the arbitration and class action waiver provisions set forth above by sending (from the email address you used to create your Account) written notice of your decision to opt out to optout@lovegrown.com with the subject line, “ARBITRATION AND CLASS ACTION WAIVER OPT-OUT.” The notice must be sent within thirty (30) days of your agreement to these Terms; otherwise, you shall be bound to arbitrate disputes in accordance with the terms of those paragraphs. If you opt out of these arbitration provisions, Love Grown also will not be bound by them.
    Changes to This Section: Love Grown will provide thirty (30) days’ notice of any changes to this section by posting on the Service, sending you a message, or otherwise notifying you when you are logged into your Account. Amendments will become effective thirty (30) days after they are posted on the Service or sent to you.
    Changes to this section will otherwise apply prospectively only to claims arising after the thirtieth (30th) day. If a court or arbitrator decides that this subsection on “Changes to This Section” is not enforceable or valid, then this subsection shall be severed from the section entitled “Arbitration and Class Action Waiver,” and the court or arbitrator shall apply the first Arbitration and Class Action Waiver section in existence after you began using the Service.
    Survival: This Arbitration and Class Action Waiver section shall survive any termination of your Account or the Service.
18. Changes to These Terms of Use
    Love Grown may amend these Terms of Use (including any Service Terms) at any time and at Love Grown’s sole discretion by posting the updated version on www.lovegrown.com. Unless you reject the update as described below, you will be deemed to accept the changes and they will take effect on the new “effective” date posted.   If you do not accept such an amendment, you may close your account and we will refund any stored value or credits (if any) within thirty (30) days, provided you have given us your correct and updated information permitting such refund.
    However, the foregoing does not apply to section 17; a change to section 17 may only occur upon the bilateral agreement of both of us.
19. Termination by Love Grown
    We may close your account at any time in our sole discretion and without notice to you. In no case will Love Grown’s closure of your account, or reduction of your access to the Love Grown Sites, waive or affect any other right or relief to which Love Grown may be entitled.
20. Entire Agreement and Admissibility; Applicability to Sellers
    These Terms of Use constitute the entire agreement and understanding between you and Love Grown with respect to the subject matter hereof and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter. A printed version of these Terms of Use shall be admissible in judicial, arbitral or administrative proceedings to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
21. Miscellaneous
    You may not assign or otherwise transfer these Terms of Use, by operation of law or otherwise, without Love Grown’s prior written consent. Subject to the foregoing restriction, these Terms of Use will be binding on, inure to, and be enforceable against the parties and their respective successors and assigns. Love Grown may assign these Terms of Use in its sole discretion by providing you notice of the same. For example, Love Grown may unconditionally assign or otherwise transfer these Terms of Use to any successor in interest, such as an acquirer of a Love Grown company (via merger, sale of stock, etc.) or a buyer of substantially all of its assets.
    Headings are for reference purposes only and do not limit the scope or extent of any section.
    Love Grown’s failure to enforce your strict performance of any provision of these Terms of Use will not constitute a waiver of Love Grown’s right to enforce such provision or any other provision of these Terms of Use.
22. How to Contact Us
    
    If you have any questions or comments, please contact our Customer Care team by:
    (1) emailing us at hi@lovegrown.com
    (2) contacting us by phone at 1-888-864-6322
    (3) mailing us at Love Grown Help at the following address:
    Love Grown
    224 W 35th St 
    Ste 500 #2541
    New York  NY 10001