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
IX. Site Usage/Termination of Usage
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.
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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