Terms & Conditions
Your Agreement with IncrediGrow Garden Centre, Inc:
Welcome to www.incredigrow.ca. Following are the terms and conditions that govern your use of this site (www.incredigrow.ca).
THESE TERMS AND CONDITIONS OF USE CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND INCREDIGROW GARDEN CENTRE, INC. ("IncrediGrow" "WE" OR "OUR"). PLEASE READ THIS AGREEMENT ("AGREEMENT") IN ITS ENTIRETY BEFORE YOU CONTINUE TO USE THIS WEBSITE. BY USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE, DISCONTINUE USING THE SITE.
Ownership of This Website
This website is owned and operated by IncrediGrow Garden Centre. All of the content featured or displayed on this website, including, but not limited to, text, graphics, photography images, moving images, sound, illustrations and software ("Content"), is owned by Incredigrow, its licensors and its content providers.
All elements of the IncrediGrow website, including, but not limited to, the general design and the Content, are protected by trade dress, copyright, industrial design, trademark and other laws relating to intellectual property rights. Except as explicitly permitted under this or another agreement with IncrediGrow or one of its subsidiaries, no portion or element of this website or its Content may be copied or retransmitted via any means and this website, its Content and all related rights shall remain the exclusive property of IncrediGrow or its licensors unless otherwise expressly agreed. You agree to indemnify IncrediGrow, its subsidiaries, its affiliates and licensors against any losses, expenses, costs or damages incurred by any or all of them as a result of any breach of the terms of this Agreement or any unauthorized use of the Content and related rights.
"Your Plants Personal Trainer," "Mega Mass Plant Products," "BiO2," are Canadian registered or pending trademarks of IncrediGrow or its subsidiaries or its licensors or third-party content providers and are registered or pending in other countries. Other product and company names mentioned herein may be the trademarks of their respective owners or IncrediGrow.
Copyright © 2013 IncrediGrow Garden Centre, Inc. and/or its suppliers, # 103, 7500 MacLeod Trail S.E. Calgary, AB T2H 0L9 Canada. All rights reserved.
THIS WEBSITE AND ITS CONTENT ARE PROVIDED "AS IS" AND INCREDIGROW EXCLUDES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. INCREDIGROW WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. THE FUNCTIONS EMBODIED ON, OR IN THE MATERIALS OF, THIS WEBSITE ARE NOT WARRANTED TO BE UNINTERRUPTED OR WITHOUT ERROR. YOU, NOT INCREDIGROW, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION DUE TO YOUR USE OF THIS WEBSITE.
Except as specifically stated in these Terms and Conditions of Use or elsewhere on this website, or as otherwise required by applicable law, neither IncrediGrow nor its directors, employees, licensors, content providers, affiliates or other representatives will be liable for damages of any kind (including, without limitation, lost profits, direct, indirect, compensatory, consequential, exemplary, special, incidental, or punitive damages) arising out of your use of, your inability to use, or the performance of this website or its Content whether or not we have been advised of the possibility of such damages.
IncrediGrow uses reasonable efforts to ensure the accuracy, correctness and reliability of the Content, but we make no representations or warranties as to the Content's accuracy, correctness or reliability.
There may be links to other websites from the IncrediGrow website; however, these other websites are not controlled by IncrediGrow and we are not responsible for any content contained on any such website or any loss suffered by you in relation to your use of such websites. You waive any and all claims against IncrediGrow regarding the inclusion of links to outside websites or your use of those websites.
Governing Law and Venue
This Agreement shall be interpreted, construed and governed by the laws of the Province of Alberta, Canada, without reference to its laws relating to conflicts of law or the provisions of the 1980 United Nations Convention on Contracts for the International Sale of Goods. Venue for all disputes arising under this Agreement shall lie exclusively in the Supreme Court of the Province of Alberta, Canada. Users of this website agree that any and all disputes arising from the use of this website, or the ordering of materials from this website, shall be settled by binding arbitration. Notwithstanding the foregoing, however, IncrediGrow shall have the right to commence and prosecute any legal or equitable action or proceeding before any non-Canadian court of competent jurisdiction to obtain injunctive or other relief in the event that, in the opinion of IncrediGrow, such action is necessary or desirable.
No Waiver, Severability
No action of IncrediGrow, other than an express written waiver or amendment, may be construed as a waiver or amendment of any of these Terms and Conditions of Use. Should any clause of these Terms and Conditions of Use be found unenforceable, wherever possible this will not affect any other clause and each will remain in full force and effect.
We reserve the right to change these Terms and Conditions of Use prices, information and available contractual license terms featured on this website without notice. These conditions set out the entire agreement between IncrediGrow and you relating to your use of this website.
Any rights not expressly granted herein are reserved.
If you have any questions about the above terms and conditions and your use of this site, please contact:
IncrediGrow Garden Centre, Inc.
#103, 7500 MacLeod Trail S.E.,
Calgary, AB T2H 0L9 Canada