By using Ball Horticultural Company's (“Ball Horticultural,” “We,” “Us”) gro getter® mobile application (the “App”), you agree to be bound by all terms, conditions and notices contained or referenced herein (the “Terms”). We reserve the right to change the Terms by posting revisions to the App at any time. Your continued use of the App indicates your agreement to any revised terms. Accordingly, we urge you to review the Terms at the start of each use of the App. If you do not agree to the Terms, you may not use the App.
License and User Conduct
Ball Horticultural grants you a limited license to access and make personal use of this App. However, you may not modify the App and/or create derivative works from the App, except with express written consent of Ball Horticultural. This App may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Ball Horticultural. Any unauthorized use of the App shall automatically terminate the license granted to you by Ball Horticultural for such use.
You agree to abide by all applicable international, federal, state and local laws and regulations in your use of this App. You agree that Ball Horticultural may terminate your use of the App in Ball Horticultural's sole discretion for any reason.
If you are under eighteen (18) years of age, you may use the App only with involvement of your parent or guardian. Ball Horticultural reserves the right to refuse service and remove or edit content in its sole discretion.
Ball Horticultural has no obligation to monitor the App or content made available through the App; however, you acknowledge and agree that Ball Horticultural has the right to monitor the App and such content electronically from time to time and to disclose any information as necessary or appropriate to satisfy any law, regulation, or other governmental request, to provide content through the App properly, or to protect itself or others.
You shall be solely responsible for your actions, use of the App, and the contents of your transmissions through the App. You shall not impersonate any person or entity or falsely state or otherwise misrepresent your identity or affiliation with a person or entity.
This App may contain links to websites operated by a third party. The links are provided “as is.” You should be aware that you use them at your own risk. Ball Horticultural does not endorse, and Ball Horticultural is not liable for any content, products, services, software or other materials available on such other sites, even if a page or pages of the other sites are framed within this App. Ball Horticultural is not responsible for the privacy practices or the content of other sites. For your protection, please refer to the terms of service and privacy policies of the respective sites. You acknowledge, understand and agree that Ball Horticultural shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on such other sites. Ball Horticultural shall not be liable for any errors or delays in the content, goods or services available on such other sites, or for any actions taken or not taken in reliance thereon.
You acknowledge that materials available on the App are protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights (“Intellectual Property”) and are owned by Ball Horticultural or are used by permission. You may download or print copies of portions of the materials made available through the App, provided that you only use such copies for your own personal, non-commercial use and do not modify or alter these copies in any way, or delete or change any copyright, trademark or patent notices therein. No right, title or interest in any downloaded or printed materials is transferred to you. Except as we may expressly authorize, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from the materials on the App. You may only use the materials and the Intellectual Property on the App as expressly permitted in these Terms and for no other purpose. If you submit comments, suggestions, ideas, images, video, or other content to Ball Horticultural (“Submissions”) through the App, you grant to Ball Horticultural a non-exclusive, fully paid and royalty-free, transferable, sub-licensable, worldwide license to use such Submissions in any manner and in any medium it wishes, without any compensation paid to you. Therefore, we request that you do not provide Submissions of confidential information or other creative materials in which you do not wish to grant us rights.
The following is a partial list of prohibited activities on or through the App: (1) using a robot, spider, script, automated process, or manual process to “scrape” the App's listings or content; (2) taking any action that imposes an unreasonable or disproportionately large load on Ball Horticultural's hardware or software infrastructure; (3) attempting to reverse engineer, decompile, disassemble or otherwise obtain the source code to the App; (4) engaging in or promoting any illegal activities; (5) engaging in any activity that markets another business or attracts Ball Horticultural customers to a third party; (6) posting violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive photos or other content via the App.
Disclaimer of Warranties
TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE APP IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. BALL HORTICULTURAL DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE APP WILL BE UNINTERRUPTED, ERROR FREE, OR VIRUS FREE, OR THAT THE APP WILL MEET YOUR REQUIREMENTS. INFORMATION OBTAINED THROUGH THE APP HAS NOT BEEN VERIFIED, AND BALL HORTICULTURAL DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT SUCH INFORMATION IS ACCURATE, COMPLETE, RELIABLE, OR OTHERWISE VALID.
BALL HORTICULTURAL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTY OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTY ARISING FROM A COURSE OF DEALING, TRADE USAGE, OR TRADE PRACTICE.
Limitation of Liability; Indemnification
YOU ACKNOWLEDGE THAT YOU ARE 18 YEARS OF AGE, OR OLDER, OR THAT YOU ARE ONLY USING THE APP UNDER THE SUPERVISION OF YOUR PARENT OR GUARDIAN. YOU ACKNOWLEDGE AND AGREE THAT USE OF THE APP IS AT YOUR SOLE RISK. YOU ACKNOWLEDGE THAT INFORMATION TRANSMITTED THROUGH THE INTERNET IS NEVER COMPLETELY SECURE. NEITHER BALL HORTICULTURAL, NOR ANY OF BALL HORTICULTURAL'S EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, OR LICENSORS (COLLECTIVELY, “BALL HORTICULTURAL ASSOCIATES”) SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY COMPENSATORY, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR ATTORNEYS' FEES, OR FOR LOST DATA OR LOST PROFIT, ARISING OUT OF YOUR USE OF THE APP OR INABILITY TO GAIN ACCESS TO OR USE THE APP OR OUT OF ANY BREACH OF ANY WARRANTY, EVEN IF BALL HORTICULTURAL OR AN BALL HORTICULTURAL ASSOCIATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE FORESEEABLE.
YOUR SOLE RIGHT AND REMEDY WITH RESPECT TO ANY DISPUTE WITH BALL HORTICULTURAL IS TO STOP USING THE APP. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, IN SUCH STATES AND JURISDICTIONS LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. IF THE FOREGOING LIMITATIONS ARE UNENFORCEABLE, YOU AGREE THAT BALL HORTICULTURAL'S LIABILITY TO YOU UNDER THESE TERMS SHALL NOT EXCEED FIFTY DOLLARS ($50).
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS BALL HORTICULTURAL AND THE BALL HORTICULTURAL ASSOCIATES, FROM AND AGAINST ANY CLAIMS, DAMAGES, COSTS, AND EXPENSES, INCLUDING ALL COSTS OF LEGAL PROCEEDINGS AND ATTORNEYS' FEES, ARISING IN CONNECTION WITH USE OF THE APP BY YOU, OR IN CONNECTION WITH A VIOLATION OR BREACH OF THESE TERMS BY YOU, INCLUDING WITHOUT LIMITATION, YOUR VIOLATION OF ANY LAWS GOVERNING COMMUNICATIONS OR INTELLECTUAL PROPERTY.
YOU ACKNOWLEDGE AND AGREE THAT ANY AND ALL DISCLAIMERS IN THESE TERMS AND THE PROVISIONS OF THESE TERMS REFLECT A FAIR AND REASONABLE ALLOCATION OF RISK BETWEEN BALL HORTICULTURAL AND YOU.
Where required, Ball Horticultural may give notice to you by posting content to you through the App, by electronic mail, or by conventional mail to your address of record. You may give notice to Ball Horticultural by electronic mail or by conventional mail to the address below. If you have any questions about these Terms, the App, or your dealings with Ball Horticultural, please e-mail or write to:
Ball Horticultural welcomes your questions and comments.
The laws of the State of Illinois shall govern the validity, performance, enforcement, interpretation and any other aspect of these Terms, without regard to principles of conflicts of laws thereunder. The parties agree to submit to the exclusive jurisdiction and venue of the courts of DuPage County, Illinois for any action arising out of these Terms. Ball Horticultural may revise these Terms from time to time. You are bound by such revisions and for this reason should periodically review the current Terms to which you are bound. The App is provided for lawful purposes only. You acknowledge and agree that the provisions, disclosures and disclaimers set forth in these Terms are fair and reasonable and your agreement to follow and be bound by them is not the result of fraud, duress or undue influence exercised upon you by any person or entity. You acknowledge and agree that the App is for you and/or your entity's use only. You may not sell, license, or otherwise provide access to the App to any third party without Ball Horticultural's express written permission.
Ball Horticultural shall have the right to assign these Terms and to sublicense any and all of its rights under these Terms. These Terms, including any documents referenced herein and any additional operating rules as posted on the App, represent the entire understanding between you and Ball Horticultural regarding your relationship with Ball Horticultural and your use of the App. These Terms supersede all previous written or oral agreements between you and Ball Horticultural with respect to such subject matter. Notwithstanding any provision of these Terms, Ball Horticultural has available all remedies at law or equity to enforce these Terms.
Ball Horticultural Company (“Ball Horticultural”) is committed to protecting the privacy of your information, and takes the responsibility of protecting the personal information that you provide to us via the gro getter® mobile application (the “App”) seriously. This Privacy Statement sets forth Ball Horticultural's privacy practices and the possible uses of the information that it gathers via the App (the “Privacy Statement”).
SCOPE OF THIS POLICY. This Privacy Statement applies to the App. The App may present links to or information about other web sites that are outside the control and/or custody of Ball Horticultural. We encourage you to review the privacy policies of each of those sites to obtain an understanding of how your information is used or shared by those third-parties.
Personal Information. Ball Horticultural provides various information and content through the App to users who have downloaded the App. Ball Horticultural may require individuals to provide contact information, such as an email address and a username (“Personal Information”). You may also be asked to provide additional information to confirm your identity for password establishment, re-setting, and for other purposes.
Ball Horticultural may collect information from your interaction with the App, such as statistics in connection with page views, IP address, and standard web log information.
Children Under 13. Ball Horticultural does not knowingly collect any Personal Information from or about a child under the age of 13 without the consent of the child's parent or legal guardian. If we discover that we have inadvertently collected information from a child under 13 years of age, we will promptly take all reasonable measures to delete that data from our systems.
USE OF INFORMATION COLLECTED.
Direct Marketing. By providing Personal Information on the App, you consent to Ball Horticultural's use of your Personal Information for marketing purposes. If you do not wish to receive marketing communications from Ball Horticultural, you may unsubscribe in the marketing email or communication sent to you by following the instructions in that communication.
Mailing Lists. By registering, you will be added to Ball Horticultural's mailing lists associated with the App that we provide for your convenience. You may unsubscribe from Ball Horticultural's mailing lists at any time by clicking on the opt-out line at the bottom of each E-newsletter or by contacting us at Unsubscribe@grogetterapp.com.
Combination; Aggregated Information. We may on occasion combine information we collect through the App with information that we collect from other sources. Ball Horticultural may share aggregated anonymous information with third parties, but this aggregated anonymous information cannot be matched with you personally unless you voluntarily share your Personal Information with the third party advertisers.
Information Sharing. Ball Horticultural may disclose your Personal Information to its affiliates, as well as third party partners as follows below:
(a) Service Providers. Your information may be shared with third party service providers that assist Ball Horticultural in various ways, such as, for example, in providing content through the App, sending emails, or others.
(b) Law Enforcement. Your information may be shared with law enforcement officials if it relates to a criminal investigation or alleged illegal activity;
(c) Necessary or for Safety Reasons. Ball Horticultural may also disclose your information if required or permitted to do so by law, for fraud protection and credit risk reduction purposes, or in the good-faith belief that such action is necessary to protect and defend the rights or property of Ball Horticultural or the users of the App, to act under urgent circumstances to protect the safety of Ball Horticultural or its employees or a member of the public, or to comply with a judicial proceeding, court order, or legal process.
(d) Sale or Acquisition of Assets. If Ball Horticultural becomes involved in a transaction involving the sale of its assets, such as a merger or acquisition, or if Ball Horticultural is transferred to another company, Ball Horticultural may disclose and/or transfer your information as part of the transaction. If the surviving entity in that transaction is not Ball Horticultural, the surviving Ball Horticultural may use your information pursuant to their own privacy policies, and those policies may be different from this Privacy Statement.
(e) General Marketing. We may transfer information to third parties whose practices are not covered here if such third parties wish to market products or services to you.
SPAM. Ball Horticultural does not participate in bulk email solicitations that you have not consented to receiving (i.e., “spam”). Ball Horticultural does not sell or disclose client lists or email address lists to unrelated third parties. Except as otherwise provided herein, Ball Horticultural does not share Personal Information with any third party advertisers.
PROTECTION OF YOUR INFORMATION.
Unfortunately, no data transmitted over or accessible through the Internet can be guaranteed to be 100% secure. As a result, while Ball Horticultural attempts to protect all Personal Information, Ball Horticultural cannot ensure or warrant that Personal Information will be completely secure from misappropriation by hackers or from other nefarious or criminal activities, or in the event of a failure of computer hardware, software, or a telecommunications network. Ball Horticultural will notify you in the event we become aware of a security breach involving your personally identifiable information (as defined by the applicable state and federal laws) stored by or for us. By disclosing your email address to us for any reason, you expressly consent to receive electronic notice from us in the event of such a security breach.
THIRD PARTY LINKS.
The App may contain links to websites not affiliated with Ball Horticultural. Your use of an external website or any informational content found on an external websites is subject to and governed by the terms and guidelines of those website(s). Ball Horticultural does not endorse or make any representations or warranties concerning, and will not in any way be liable for, any informational content, products, services, software, or other materials available on an external website, even if one or more pages of the external website are framed within a page of this App. Ball Horticultural is not responsible for the privacy practices of any external website.
This policy was last modified at the date first printed above. Ball Horticultural reserves the right to update this Privacy Statement from time to time, and you should check this page periodically for changes. Ball Horticultural will provide notification of material changes to this Privacy Statement through the App at least thirty (30) days prior to the change taking effect.
UPDATING INFORMATION If you ever wish to access your Personal Information, or to have your Personal Information deleted, updated, changed or modified, you may do so by contacting Ball Horticultural by email at Legal@grogetterapp.com. To cancel your account and have your Personal Information returned to you, please contact Legal@grogetterapp.com.
CONTACTING US If there are any questions regarding this Privacy Statement you may contact us using the information below.