Terms and Conditions

 

Agreement between User and https://vitalgrwinc.com

Welcome to https://vitalgrwinc.com. The https://vitalgrwinc.com website (the “Site”) is comprised of various web pages operated by Vital Grow Inc. (“Vital Grow”). https://vitalgrwinc.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of https://vitalgrwinc.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

 

https://vitalgrwinc.com is an E-Commerce Site.

 

Vital Grow Inc. sells internet-connected composting thermometers and base stations (for thermal compost and vermicompost), as well as a solar panel for charging devices. Vital Grow Inc. also sells subscriptions to advanced features related to individual customers’ dashboards.

 

Privacy

Your use of https://vitalgrwinc.com is subject to Vital Grow’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

 

Electronic Communications

Visiting https://vitalgrwinc.com or sending emails to Vital Grow constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

 

Your Account

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Vital Grow is not responsible for third party access to your account that results from theft or misappropriation of your account. Vital Grow and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

 

Children Under Thirteen

Vital Grow does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use https://vitalgrwinc.com only with permission of a parent or guardian.

 

Cancellation/Refund Policy

Please refer to our Refund and Return Policy page for information regarding these topics.

 

Links to Third Party Sites/Third Party Services

https://vitalgrwinc.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Vital Grow and Vital Grow is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Vital Grow is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Vital Grow of the site or any association with its operators.

 

Certain services made available via https://vitalgrwinc.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the https://vitalgrwinc.com domain, you hereby acknowledge and consent that Vital Grow may share such information and data with any third party with whom Vital Grow has a contractual relationship to provide the requested product, service or functionality on behalf of https://vitalgrwinc.com users and customers.

 

No Unlawful or Prohibited Use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use https://vitalgrwinc.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Vital Grow that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

 

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Vital Grow or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

 

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Vital Grow content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Vital Grow and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Vital Grow or our licensors except as expressly authorized by these Terms.

 

Use of Communication Services

The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.

 

By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.

 

Vital Grow has no obligation to monitor the Communication Services. However, Vital Grow reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Vital Grow reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

 

Vital Grow reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Vital Grow’s sole discretion.

 

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Vital Grow does not control or endorse the content, messages or information found in any Communication Service and, therefore, Vital Grow specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Vital Grow spokespersons, and their views do not necessarily reflect those of Vital Grow.

 

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.

 

Materials Provided to https://vitalgrwinc.com or Posted on Any Vital Grow Web Page

Vital Grow does not claim ownership of the materials you provide to https://vitalgrwinc.com (including feedback and suggestions) or post, upload, input or submit to any Vital Grow Site or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Vital Grow, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

 

No compensation will be paid with respect to the use of your Submission, as provided herein. Vital Grow is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Vital Grow’s sole discretion.

 

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

 

International Users

The Service is controlled, operated and administered by Vital Grow from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Vital Grow Content accessed through https://vitalgrwinc.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

 

Indemnification

You agree to indemnify, defend and hold harmless Vital Grow, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Vital Grow reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Vital Grow in asserting any available defenses.

 

Arbitration

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.

 

Class Action Waiver

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Vital Grow agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

 

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. VITAL GROW INC. AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

 

VITAL GROW INC. AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. VITAL GROW INC. AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL VITAL GROW INC. AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF VITAL GROW INC. OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

 

Termination/Access Restriction

Vital Grow reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Delaware and you hereby consent to the exclusive jurisdiction and venue of courts in Delaware in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

 

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Vital Grow as a result of this agreement or use of the Site. Vital Grow’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Vital Grow’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Vital Grow with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

 

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Vital Grow with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Vital Grow with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

 

Changes to Terms

Vital Grow reserves the right, in its sole discretion, to change the Terms under which https://vitalgrwinc.com is offered. The most current version of the Terms will supersede all previous versions. Vital Grow encourages you to periodically review the Terms to stay informed of our updates.

 

Contact Us

Vital Grow welcomes your questions or comments regarding the Terms:

 

Vital Grow Inc.

16191 Coastal Highway

Lewes, Delaware 19958

 

 

Email Address:

casey@vitalgrowinc.com or christian@vitalgrowinc.com

 

Telephone number:

773-957-6551 or 505-366-4750

 

Effective as of February 18, 2022

Terms of Purchase
(Purchase Agreement)

 

Last updated: January 9, 2023

 

This Purchase Agreement (the “Agreement”) is made and entered into by and between Vital Grow Inc. (the “Company”) and the buyer (the “Customer”) on the date of payment.

Vital Grow Inc. is committed to providing customers with high-quality and reliable products. However, the Company cannot be held responsible for any damages or losses that may arise from the use of our products. The Company’s liability is limited to the purchase price of the product. The Company shall not be liable for any indirect, incidental, consequential, or punitive damages arising out of or in connection with the sale, use, or inability to use the Product. By purchasing and using the Company’s products, you agree to these terms and conditions. In the unlikely event that your devices do not perform as expected, please contact the Company and we will do our best to resolve the issue. The Company is not responsible for damages resulting from misuse, abuse, failure to follow our recommendations, or unauthorized modification of the Product.

The Customer agrees to inspect the Product upon delivery and to notify the Company of any defects or damages within 30 days of receipt. The Product will be deemed accepted by the Customer unless the Customer provides written notice of defects or damages within this timeframe.

This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware.

Shipping Policy

Last updated: February 18, 2022

Delivery Information

We use various carriers for our shipping. Rates are to be determined based on weight, box dimensions, and distance. Shipping prices may vary.

Shipping Times

We always try to get your product to the carrier as quickly as possible. Typical shipping times are 3-5 business days for standard shipping and 1-3 days for expedited shipping, depending on the carrier. A tracking number will be provided when applicable.

Exchanges and Returns

We appreciate your business and support. Vital Grow Inc. wants to make sure you have a good experience using your product(s) while composting. If you have any concerns or questions about the product(s) you received, email us at casey@vitalgrowinc.com or christian@vitalgrowinc.com and we will do our best to ensure that you are satisfied. You can also refer to our Return and Refund Policy page.

Quality Statement

Last updated: January 9, 2023

We are excited to introduce our new Compost Monitoring System, and we are confident that it will provide valuable benefits to our users. Vital Grow Inc. has put a lot of time and effort into designing and testing the product to make it as robust and reliable as possible.

We have developed a set of recommendations and guidelines that can help extend the lifetime of our devices and ensure that they perform at their best. These recommendations include simple steps such as using the system within its intended range, avoiding extreme temperatures, and protecting the device from water and other contaminants.

By following our recommendations, our users can maximize the lifespan of their devices and get the most value from their purchase.

However, as a new product containing sensitive electronics, it's possible that issues may arise in some cases. We have done our best to anticipate and prevent these issues, but we cannot guarantee that the system will be completely free of problems.

We want our customers to feel confident in our product and in our company, and we are committed to providing excellent customer support and assistance. If you encounter any issues with the product, please don't hesitate to contact us. We will do our best to resolve any problems and to ensure that you are satisfied with your purchase.

We believe in the value and potential of our product, and we hope that you will give it a try. Thank you for your interest and support.

Return and Refund Policy

Last updated: February 18, 2022

Thank you for shopping at Vital Grow Inc..

If, for any reason, You are not completely satisfied with a purchase We invite You to review our policy on refunds and returns. This Return and Refund Policy has been created with the help of the Return and Refund Policy Generator.

The following terms are applicable for any products that You purchased with Us.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of this Return and Refund Policy:

  • Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Vital Grow Inc., 16191 Coastal Highway, Lewes, Delaware 19958.

  • Goods refer to the items offered for sale on the Service.

  • Orders mean a request by You to purchase Goods from Us.

  • Service refers to the Website.

  • Website refers to Vital Grow Inc., accessible from https://vitalgrowinc.com

  • You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Your Order Cancellation Rights

You are entitled to cancel Your Order within 30 days without giving any reason for doing so.

Fees for subscription services are exempt and are not eligible for refunds or returns except under exnenuating circumstances that are individually approved by the Company.

The deadline for cancelling an Order is 30 days from the date on which You received the Goods or on which a third party you have appointed, who is not the carrier, takes possession of the product delivered.

In order to exercise Your right of cancellation, You must inform Us of your decision by means of a clear statement. You can inform us of your decision by:

Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund.

We will reimburse You no later than 14 days from the day on which We receive the returned Goods. We will use the same means of payment as You used for the Order, and You will not incur any fees for such reimbursement.

Conditions for Returns

In order for the Goods to be eligible for a return, please make sure that:

  • The Goods were purchased in the last 30 days
  • The Goods are unused and in the same condition that you received them

The following Goods cannot be returned:

  • The supply of Goods made to Your specifications or clearly personalized.
  • The supply of Goods which according to their nature are not suitable to be returned, deteriorate rapidly or where the date of expiry is over.
  • The supply of Goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery.
  • The supply of Goods which are, after delivery, according to their nature, inseparably mixed with other items.

We reserve the right to refuse returns of any merchandise that does not meet the above return conditions in our sole discretion.

Only regular priced Goods may be refunded. Unfortunately, Goods on sale cannot be refunded. This exclusion may not apply to You if it is not permitted by applicable law.

Returning Goods

You are responsible for the cost and risk of returning the Goods to Us. You should send the Goods at the following address:

1050 Sunset Rd SW
#72622
Albuquerque, NM 87195

To complete your return, we require a receipt or proof of purchase. Please do not send your purchase back to the manufacturer.

We cannot be held responsible for Goods damaged or lost in return shipment. Therefore, We recommend an insured and trackable mail service. We are unable to issue a refund without actual receipt of the Goods or proof of received return delivery.

Depending on where you live, the time it may take for your exchanged product to reach you may vary.

Exchanges

We only replace items if they are defective or damaged upon receipt. If you need to exchange it for the same item, send us an email at casey@vitalgrowinc.com or christian@vitalgrowinc.com.

Contact Us

If you have any questions about our Returns and Refunds Policy, please contact us:

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