Terms & Conditions
VividGro® Terms & Conditions
- Internet Terms & Conditions of Use
- Purchase Order Terms & Conditions
Internet Terms & Conditions of Use
VividGro® is a registered trademark of VividGro, Inc. All access to and use of this Vividgro (“VG”) Internet site, vividgro.com (the “Site”), is governed by these Internet Site Terms & Conditions Of Use (“Terms”). By accessing the Site you accept these Terms and agree to be bound to these Terms. You should not access this Site unless you agree to accept these Terms and agree to be bound to these Terms. VG reserves the right to amend, modify, or otherwise change these Terms at any time by posting the revised terms on the Site.
Purpose & Use. This Site is provided for informational purposes only for VG’s customers, investors, vendors, employees and other people who are interested in VG and its products. The Site is for access and use by natural persons only. You may not use this Site in any manner is or that could lead to a violation of any federal, state or local laws, rules or regulations.
Use Of Content. You may view, display, download, or print a single copy of any of the content of this Site for personal and non-commercial use only in connection with a legitimate personal or business purpose and any copy of these materials or any portion thereof must retain all copyright and other proprietary notices. Any other copying, downloading, publication, or distribution of any part of this Site its content is prohibited. The content and information provided on this Site may be changed, updated, or deleted without notice.
Date. These Terms were last updated on 18 September 2016.
No Warranty. While efforts have been made to make this Site helpful and accurate, it could contain technical inaccuracies or other errors, and VG does not warrant the accuracy of the content and information on this Site. THIS SITE, ITS CONTENT AND INFORMATION CONTAINED HEREIN ARE PROVIDED “AS IS” FOR INFORMATIONAL PURPOSES ONLY WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. VG DOES NOT WARRANT THAT FUNCTIONS CONTAINED ON THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. USE OF THE SITE AND ITS CONTENT IS AT YOUR SOLE RISK. VG WILL IN NO EVENT BE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR OTHER DAMAGES UNDER ANY THEORY OF LAW FOR ANY ERRORS IN OR THE USE OF OR INABILITY TO USE THE SITE, ITS CONTENT AND INFORMATION INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, BUSINESS, DATA, OR DAMAGE TO ANY COMPUTER SYSTEMS, EVEN IF YOU HAVE ADVISED VG OF THE POSSIBILITY OF SUCH DAMAGES.
Links To Other Internet Sites. This Site may contain links to other Internet sites which are not under the control of VG. VG shall not be responsible for the content of those sites and makes no representations concerning the content or information provided or made available on such sites nor the quality or acceptability of the products or services offered through any such sites. Such site links are provided solely for your convenience and do not imply endorsement, sponsorship, or recommendation by VG of those sites.
Links To This Site. If you wish to provide a link to this Site, you may do so subject to the following terms and conditions: you may not use or replicate VG content; you agree not to create a browser, border environment or frame for the VG Site or content; you may not imply that VG is endorsing you or your products or services; you may not misrepresent your relationship with VG; you may not present false information about VG, it products or services; and your linked Web site may not contain content that could be construed as distasteful, offensive or controversial, and/or contain content that is not appropriate for all age, racial, religious or other groups protected by law. If you violate the foregoing terms and conditions, you agree to be responsible for all claims, costs, losses, expenses, damages and liabilities associated with such acts or omissions and indemnify and hold VG harmless, and you agree to remove any link to this Site immediately upon the request of VG.
Information Submitted Via This Site. Any information you submit via this Site is submitted on a non-confidential basis and by submitting information via this Site, you grant VG permission and an unrestricted, irrevocable license to use, reproduce, communicate, commercially exploit, display, modify, publish, and distribute such information without any compensation to you.
Trademarks. VividGro, GroNet, FlowerMax, and GroAdvisor, among others, are trademarks of VG and may not be used in connection with any product or service that is not VG’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits VG. All other trademarks not owned by VG that appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by VG.
VG Copyright. The content of this Site is protected by copyright and VG reserves all its rights in, to and under such copyright protection.
Copyright Complaints. VG respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide VG’s copyright agent the written information specified below:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- a description of the copyrighted work that you claim has been infringed upon;
- a description of where the material that you claim is infringing is located on the site, including the auction id number, if applicable;
- your address, telephone number, and e-mail address;
- a statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and,
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
VG’s Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows : Copyright Agent – legal@VividGro.com
Please note that this procedure is exclusively for notifying VG that your copyrighted material has been infringed.
Safe Harbor Statement. Certain information or statements made on this Site may constitute “forward-looking statements” relating to VG within the meaning of the Private Securities Litigation Reform Act of 1995. All statements regarding future events, our business strategy and our financing plans are forward-looking statements. In some cases you can identify forward-looking statements by terminology such as “may,” “will,” “would,” “should,” “could,” “expect,” “intend,” “plan,” “anticipate,” “believe,” “estimate,” “predict,” “potential,” or “continue,” the negative of such terms or other comparable terminology. These statements that are not historical facts are forward looking. These known and unknown risks, uncertainties and other factors could cause actual results to differ materially from those contemplated by the forward-looking statements. Any forward-looking statement speaks only as of the date on which such statement is made. VG undertakes no obligation to update any forward-looking statement or statements to reflect events or circumstances after the date on which such statement is made.
Headings. Headings and subheadings in these Terms are included solely for convenience of reference and will not be considered part of, or affect the interpretation of, these Terms.
Severability. In the event any one or more of the provisions contained in this Terms should for any reason be held by a court of competent jurisdiction to be invalid, illegal, or unenforceable in any respect, the remaining provisions contained herein shall be enforced to the full extent permitted by law.
Waiver Of Breach. A breach of any provision of these Terms may only be waived in writing and the waiver of such breach shall not operate or be construed as a waiver of any subsequent breach.
Promotion (Promo) Codes. One promo code may be used per transaction. Promo codes are not to be combined with any other offer. Some items may not be eligible for the use of promo codes. Please contact VG with any additional questions.
Age Restriction. All users must be at least 21 years of age to enter and/or interact with the site.
Purchase Order Terms & Conditions
These purchase order Term’s & Conditions (T&C’s) are applicable on all VividGro purchase orders.
The T&Cs may not be amended or changed in any way except by a written document, signed by an authorized officer of VIVIDGRO, which expressly provides for such an amendment or change. Any of the supplier’s terms or conditions, which are different from or in addition to those contained in the T&Cs will not be recognized by VIVIDGRO and shall be void and of no effect, except to the extent expressly acknowledged and agreed to in writing by an authorized officer of VIVIDGRO.
All products must be shipped with a clearly marked packing slip in English that includes the following:
- VIVIDGRO PO # / VIVIDGRO Part #
- Commercial Invoice #
- Signed Certificate of Conformance
- If applicable, shipment must include MSDS sheet and proof of ROHS compliance. All products must be shipped via a previously agreed upon VIVIDGRO shipping partner.
If any other shipping method is used, VIVIDGRO will not pay or reimburse the supplier for any shipping costs. For any additional routing questions / instructions, please contact the VIVIDGRO Operations Group.
Suppliers outside of the United States must agree to the following shipping terms:
- FOB (Named Port) / Incoterms 2010.
All International Shipments must include the following Customs paperwork in English:
- Commercial Invoice which includes:
o U.S. Harmonization Code provided on the VIVIDGRO PO;
o Country of Origin;
o Correct Quantity;
o Assigned shipping partners tracking information; and
o U.S. Dollar Value from VIVIDGRO PO & Supplier Invoice.
The unit price of your commercial invoice, the VIVIDGRO PO and your billing invoice to VIVIDGRO must constitute a three-way match.
Supplier warrants that all products delivered to VIVIDGRO shall (i) be free from defects in workmanship; (ii) at the time of manufacture, shall conform, in all material respects, to any specifications provided by VIVIDGRO, (iii) contain all new materials, and (iv) be free of any claim that such product infringes any patent, copyright, trade secret, or other intellectual property right of any third party. The above warranty shall remain in effect for a period of five (5) years from the date any product is initially delivered to VIVIDGRO or to VIVIDGRO’s designated carrier or by supplier.
Supplier agrees to defend, indemnify and hold harmless VIVIDGRO and each of its affiliates and each of the foregoing’s stockholders, officers, and directors from and against all claims, actions, suits, proceedings, investigations, and other liabilities, losses, claims, and reasonable costs and expenses (including reasonable attorneys’ fees), whenever arising or incurred that are caused by or as a result of any breach by supplier of any obligation hereunder, including any breach of supplier’s warranty and by any act of fraud, willful or intentional misconduct, or gross negligence committed by supplier or any of its employees, officers, directors, representatives, or agents in connection with the performance of supplier’s obligations.
All requested International Documentation must be e-mailed to the assigned VIVIDGRO Operations Group Contact the day of shipping. Shipments without the proper documentation will delay the receiving and payment process.
Please email invoices to email@example.com.
© 2019 VividGro, Inc.