Terms of Use Agreement
I. Introduction
Thank you and welcome to GROWaPAIRofcoconuts.com. This Terms of Use Agreement sets forth the Agreement between GROWaPAIRofcoconuts and each user ("you") governing the use by you of this website.
All orders that are placed and accepted herein are fulfilled solely by GROWaPAIRofcoconuts, which is subject to all of the provisions expressly set forth herein. Please read this Agreement
carefully and entirely before using this site. Your access and use of this website is subject to the following terms and conditions ("Terms and Conditions") and all applicable laws. By accessing
and browsing the website, you accept, without limitation or qualification, these Terms and Conditions and acknowledge that any other agreements between you and GROWaPAIRofcoconuts are superseded
and of no force or effect. If you do not agree to the terms and conditions contained in this Terms of Use Agreement, you are not welcome to access or otherwise continue using this site. This
Agreement does not apply to any transaction or relationship between the parties that is not related to the use of this website and/or the purchase and sale of merchandise through this website.
II. Copyright and Trademark
You should assume that everything you see or read on the website is copyrighted unless otherwise noted and may not be used except as provided in these Terms and Conditions or in the text on the
website without the express written permission of GROWaPAIRofcoconuts who neither warrants nor represents that your use of materials displayed on the Site will not infringe rights of third
parties not owned by or affiliated with GROWaPAIRofcoconuts. All website design, text, graphics, software and all other content and the selection and arrangement thereof are the property of
GROWaPAIRofcoconuts or its licensors, and are protected by United States and international copyright law. All rights to such materials are exclusively reserved to their respective copyright
owners. Permission is granted to electronically copy and to print in hard copy portions of this website for the sole purpose of placing an order with GROWaPAIRofcoconuts or using this website as
a shopping vehicle. Any other use of materials on this site, including without limitation reproduction for purposes other than noted above, modification, distribution, replication and commercial
or other exploitation or creation of derivative works, without the prior express written permission of GROWaPAIRofcoconuts is strictly prohibited. Please do not decide to misuse our trademark or
mark bearing similarity to the trademark on any of our products. GROWaPAIRofcoconuts is the sole owner of its registered and unregistered trademark and is vigilant about protecting our trademark
and will not tolerate any form of intellectual property theft. If you use or produce something similar that treads on our mark or resembles our image with our express written consent or license
and it subsequently creates confusion in the marketplace between our product and yours, do not be surprised when you are contacted by a letter (or likely more) from our legal team. Please be
advised that in our pursuit for damages, all vendors who assisted you in the production of your product as well as resellers who handled your finished product will also be enjoined to our legal
action as they are deemed liable under the law whether they were aware or unaware of your infringement on our marks. Please govern yourself accordingly.
III. No Warranty/Disclaimer
GROWaPAIRofcoconuts is providing this website and its contents on an "as is" basis. GROWaPAIRofcoconuts and its officers, directors, employees, agents, licensors, suppliers, content providers and
the like (together, "affiliates") make no representations or warranties of any kind, express or implied, with respect to this site or its contents, including without limitation the products,
information or services offered or sold on or through this site or any linked site and the uninterrupted and error-free use of this website. GROWaPAIRofcoconuts and its affiliates expressly
disclaim all such representations and warranties, including without limitation all warranties of merchantability, accuracy, timeliness, completeness, fitness for a particular purpose and
non-infringement. GROWaPAIRofcoconuts and its affiliates do not warrant that the site or files available on the site will be free from corrupted data, computer viruses or similar destructive or
contaminating code. GROWaPAIRofcoconuts also assumes no responsibility, and shall not be liable for any damages to, or viruses that may infect your computer equipment or other property on account
of your access to, use of, or browsing in the website or downloading of any materials, data, text, images, video, or audio from the website. No oral or written statements by GROWaPAIRofcoconuts
or its affiliates will create any warranty not expressly set forth herein. Your use of this site and any linked site is at your sole risk.
IV. Order Acceptance
Please be advised that there may be certain orders that GROWaPAIRofcoconuts cannot accept and must cancel. GROWaPAIRofcoconuts reserves the right, at its sole discretion, to refuse or cancel any
order for any reason whatsoever. Please be advised that you will not be charged until your payment method is authorized and the order information is verified for accuracy. There may be some
situations that may result in your order being canceled including, but not limited to, limitations on quantities available for purchase; inaccuracies or errors in product or pricing information;
product or ingredient restrictions mandated by local, state, national or international regulations; or problems identified by our credit and fraud avoidance group. GROWaPAIRofcoconuts may also
require additional verifications or information before accepting any order. GROWaPAIRofcoconuts will contact you if all or any portion of your order is canceled or if additional information is
required to accept your order. If your order is canceled after your credit card has been charged, GROWaPAIRofcoconuts will issue a credit to your credit card in the amount of the charge.
GROWaPAIRofcoconuts strictly follows all national and international regulations regarding the sale, purchase and shipment of any product or product ingredient that is considered restricted or
prohibited by any law within the United States or abroad.
V. Prices & Currency
The prices displayed on this website are quoted in U.S. dollars and are valid and effective only within the United States. Such prices do not include shipping and handling or sales taxes, if
applicable, which will be added to your total invoice price. You are responsible for the payment of any shipping and handling charges and state and local sales or use taxes that may apply to your
order. International shipment rates vary based on total package weight and final destination. All pricing does not include duties, insurance costs, tariffs, or value-added taxes. If assessed,
these charges are the responsibility of the package recipient, who will be billed for them by the local Customs office.
VI. Pricing or Typographical Errors
GROWaPAIRofcoconuts uses reasonable efforts to provide accurate product and pricing information. However, sometimes pricing or typographical errors may occur. In the event that an item is listed
at an incorrect price or with incorrect information due to an error in pricing or product information, GROWaPAIRofcoconuts shall have the right, at its sole discretion, to refuse or cancel any
orders placed for that item. If an item is incorrectly priced, GROWaPAIRofcoconuts will either contact you for instructions or cancel your order and notify you of such cancellation. Prices and
availability are subject to change without notice.
VII. Quantity Limits and Items for Resale
GROWaPAIRofcoconuts reserves the right to limit the quantity of items purchased per person, per household or per order. These restrictions may be applicable to orders placed by the same account,
the same credit card, and also to orders that use the same billing and/or shipping address. GROWaPAIRofcoconuts will provide notification to the customer e-mail and/or billing address provided
should such limits be applied. GROWaPAIRofcoconuts also reserves the right to prohibit sales to dealers.
VIII. Limitation of Liability
GROWAPAIROFCOCONUTS AND ITS AFFILIATES SHALL NOT UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF, IN CONNECTION WITH OR RELATING TO THE USE OF OR INABILITY TO USE
THIS SITE, INCLUDING WITHOUT LIMITATION ANY LIABILITY (I) AS A PUBLISHER OF INFORMATION, (II) AS A RESELLER OF ANY PRODUCTS OR SERVICES, (III) FOR ANY DEFECTIVE PRODUCTS, (IV) FOR ANY INCORRECT
OR INACCURATE INFORMATION, (V) FOR ANY UNAUTHORIZED ACCESS TO OR DISCLOSURE OF YOUR TRANSMISSIONS OR DATA, (VI) FOR STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE, OR (VII) FOR ANY OTHER
MATTER RELATING TO THIS SITE OR ANY LINKED SITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT,
SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF GOOD WILL, LOSS OF USE, LOSS OF DATA, COST OF PROCURING
SUBSTITUTE GOODS, SERVICES OR INFORMATION, LITIGATION OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), PRODUCT LIABILITY OR
OTHERWISE, EVEN IF THE USER ADVISES OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF LIABILITY SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN
GROWAPAIROFCOCONUTS AND THE USER. THE PRODUCTS, INFORMATION AND SERVICES OFFERED ON AND THROUGH THIS SITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. BECAUSE THE LAWS OF SOME STATES MAY NOT
ALLOW FOR THE EXCLUSION OF CERTAIN DAMAGES, IN SUCH STATES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. Notwithstanding the foregoing, the sole and entire maximum liability of
GROWaPAIRofcoconuts and its affiliates for any reason, and your sole and exclusive remedy for any cause or claim whatsoever, shall be limited to the amount paid by you for any product,
information or service purchased by you from GROWaPAIRofcoconuts on this site. You agree to indemnify, defend and hold harmless GROWaPAIRofcoconuts and its affiliates against all claims, demands,
causes of action, losses, expenses, damages and costs, including without limitation any reasonable attorneys' fees, resulting or arising from or relating to your use of or conduct on the site,
any activity related to your account by you or any other person, any material that you submit to, post on or transmit through the site, your violation of these Terms of Use, your infringement or
violation of any rights of another, or termination of your access to this site.
IX. Site Usage/Termination of Usage
The user hereby agrees to maintain the security of your account on the website, including the security of your password and other confidential information relating to the use of the website and
your account on the website. You agree to be responsible for all charges resulting from the use of your account on the website, including charges resulting from unauthorized use of your account
prior to your taking steps to prevent such occurrence by changing your password and notifying GROWaPAIRofcoconuts. You agree to use this site only for lawful purposes, and that you are
responsible for your use of and communications on the site. You agree not to post on or transmit through this site any unlawful, infringing, threatening, harassing, defamatory, vulgar, obscene,
profane, indecent, offensive, hateful or otherwise objectionable material of any kind, including without limitation any material that encourages criminal conduct or conduct that would give rise
to civil liability, infringes others' intellectual property rights or otherwise violates any applicable local, state, national or international law. You agree not to use this site in any manner
that interferes with its normal operation or with any other user's use and enjoyment of the site. You agree not to reproduce, modify, distribute, replicate, commercially exploit or create
derivative works of any portion of the site or material thereon. You further agree that you will not access our website by any means except through the interface provided by GROWaPAIRofcoconuts
for access to the site. You agree that you will not access this site from any territory where its contents are illegal, and that you, and not GROWaPAIRofcoconuts and its affiliates, are
responsible for compliance with applicable local laws. These terms are effective unless and until terminated by either you or GROWaPAIRofcoconuts. You may terminate this Agreement at any time,
provided that you discontinue any further use of this website. GROWaPAIRofcoconuts also may terminate or suspend this Agreement, at any time, without notice, and accordingly deny you access to
the site, if in GROWaPAIRofcoconuts’ sole discretion you fail to comply with any term or provision of this Agreement or your use is harmful to the interests of another user or GROWaPAIRofcoconuts
or its affiliates. Upon any termination of the Agreement by either you or GROWaPAIRofcoconuts, you must promptly destroy all materials downloaded or otherwise obtained from this site, as well as
all copies of such materials, whether made under the terms of use or otherwise. You agree that GROWaPAIRofcoconuts may terminate or suspend your access to all or part of this site, without
notice, for any conduct that GROWaPAIRofcoconuts, in its sole discretion, believes is in violation of these Terms of Use or any applicable law or is harmful to the interests of another user,
GROWaPAIRofcoconuts or its affiliates.
X. Applicable Law; Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of the State of Florida without regard to choice of law rules. Each user agrees to submit to personal jurisdiction in
the State of Florida and further agrees that any cause of action arising from or relating to the use of this site or this Agreement shall be brought exclusively in Federal or State Courts for
Broward County, Florida.
XI. Severability; Interpretation
If any provision of this Agreement shall be deemed unlawful, void, or for any reason unenforceable by a court of competent jurisdiction, the validity and enforceability of any remaining
provisions shall not be affected. When used in this Agreement, the term "including" shall be deemed to be followed by the words "without limitation."
XII. Entire Agreement
This Agreement constitutes the entire and only Agreement between GROWaPAIRofcoconuts.com and each user of this site with respect to the subject matter of this Agreement and supersedes any and all
prior or contemporaneous Agreements, representations, warranties and understandings, written or oral, with respect to the subject matter of this Agreement. You agree to review this Agreement
prior to your use of this site and your use of this site shall be deemed acceptance of and assent to this Agreement by you.
XIII. Changes to Terms of Use Agreement
GROWaPAIRofcoconuts may, in its sole discretion, amend this Terms of Use Agreement from time to time. Please check this Agreement area periodically for changes. Use of this website after any
modification implies that you consent to this Agreement as modified.
XIV. Miscellaneous
The failure of GROWaPAIRofcoconuts or its affiliates to insist upon strict adherence to any term of this Agreement shall not constitute a waiver of such term and shall not be considered a waiver
or limit that party's right thereafter to insist upon strict adherence to that term or any other term of this Agreement. You agree that regardless of any statute or law to the contrary, any claim
of cause of action arising from or relating to use of this site or this Agreement must be filed within one (1) year after such claim or cause of action arose, or will be forever barred. The "No
Warranty - Disclaimer" and "Limitation of Liability" provisions of this Agreement are for the benefit of GROWaPAIRofcoconuts and its affiliates as defined herein and each of these individuals or
entities shall have the right to assert and enforce these provisions directly against you on its own behalf. With the prior agreement of GROWaPAIRofcoconuts, any claim, dispute or controversy
arising or concerning this site and/or this agreement shall be decided by binding arbitration with the Rules of the American Arbitration Association and any such arbitration shall be brought and
held in Broward County, Florida, USA. The decision of the arbitrators shall be conclusive upon all parties involved and judgment upon any award of the arbitrator by any court having competent
jurisdiction. This provision shall be specifically enforced by a court of competent jurisdiction.
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