Terms of Use

Terms of Use for CharCoir.com

PLEASE READ THESE TERMS OF USE CAREFULLY. THESE TERMS OF USE ARE BINDING UPON ALL USERS OF THE GROWGENERATION.COM WEBSITE AND ITS SERVICES.

The Site

Welcome to CharCoir.com (the “Site”). The purpose of the Site is to promote and sell garden related products and services (“Merchandise”). The Site is comprised of various webpages operated by GrowGeneration Corp. and/or one or more of its subsidiaries (“we”, “us” or “GrowGeneration”).

Agreement between User and GrowGeneration

The terms, conditions and notices contained herein (these “Terms”) set forth the legally binding agreement between you as the user of the Site (“you” or “User”) and GrowGeneration. The Site is offered to you conditioned on acceptance without modification of these Terms. Each time by viewing, using, accessing, browsing or submitting any content or material on the Site and using its services (the “Services”), whether through the Site itself or through such other media or media channels, devices, software or technologies as the Site may choose from time to time, you are agreeing to abide by these Terms, as amended from time to time with or without notice to you. If you do not agree to these Terms, please do not use the Site.

Shipping Policy

Please view our full shipping policy here.

Return Policy

Please view our full returns policy here.

Cancellation Policy

Please view our full cancellation policy here.

User Responsibility

Users are solely responsible for all use of and transactions conducted on, through or as a result of use of the Site or Services. You agree that use of the Site and/or the Services is subject to all applicable local, state and federal laws and regulations. You also agree:

· not to access the Site or Services using a third party’s account or registration information;

· not to use the Site for illegal purposes;

· not to commit any acts of infringement through the Services or with respect to content on the Site;

· not to copy any content for republication in print or online;

· not to create reviews or blog entries for or with any purpose or intent that does not in good faith comport with the purpose or spirit of the Site;

· not to attempt to gain unauthorized access to other computer systems from or through the Services;

· not to interfere with another person’s use and enjoyment of the Services or use and enjoyment of the Site;

· not to upload or transmit viruses or other harmful, disruptive or destructive files; and/or

· not to disrupt, interfere with, or otherwise harm or violate the security of the Service, or any services, system restores, accounts, passwords, servers or networks connected to or accessible through the Service or the Site.

· not to use the Services in any way or take any action that causes, or may cause, damage to the Site or impairment of the performance, availability or accessibility of the Services;

· not to use the Services in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;

· not to use the Services to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;

· not to conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to the Service without our express written consent;

· not to access or otherwise interact with the Service or Site using any robot, spider or other automated means;

· not to violate the directives set out in the robots.txt file for the Site;

· not to use data collected from the Site for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing);

· not to infringe these Terms or allow, encourage or facilitate others to do the same;

· not to plagiarize or infringe the intellectual property rights or privacy rights of any third party;

· not to disturb the normal flow of Services provided within the Site;

· not to create a link from the Site to another website or document without GrowGeneration’s prior written consent;

· not to obscure or edit any copyright, trademark or other proprietary rights notice or mark appearing on the Site;

· not to create copies or derivate works of the Site or any part thereof;

· not to reverse engineer, decompile or extract the Site’s source code;

· not to remit or otherwise make or cause to deliver unsolicited advertising, email spam or other chain letters;

· not to collect, receive, transfer or disseminate any personally identifiable information of any person without consent from title holder;

· not to pretend to be or misrepresent any affiliation with any legal entity or third party.

In addition to the above, the following uses and activities of and with respect to the Site and the Services are prohibited:

· criminal or tortuous activity, including fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, copyright infringement, patent infringement, or theft of trade secrets;

· transmitting chain letters or junk email;

· engaging in any automated use of the Site or the Services;

· interfering with, disrupting, or creating an undue burden on the Site or the Services or the networks or services connected or linked thereto;

· attempting to impersonate another User or person;

· using the user ID or password of another User;

· selling or otherwise transferring your profile;

· using any information obtained from the Site or the Services in order to harass, abuse, or harm another person;

· deciphering, decompiling, disassembling or reverse engineering any of the software comprising or in any way making up a part of the Site or the Services;

· attempting to bypass any measures of the Site or the Services designed to prevent or restrict access to the Site or the Services, or any portion of the Site or the Services;

· harassing, annoying, intimidating or threatening any the Site employees or agents engaged in providing any portion of the Services;

· using the Site and/or the Services in any manner inconsistent with any and all applicable laws and regulations;

· using data collected from the Site to contact individuals, companies or other persons or entities;

· supplying false, untrue, expired, incomplete or misleading information through the Site.

You also acknowledge and accept that any violation of the aforementioned provisions may result in the immediate termination of your access to the Site and use of the Services, without refund, reimbursement or any other recompense. Access to the Site may be terminated or suspended without prior notice from or liability to GrowGeneration. You represent and warrant to GrowGeneration that you have all right, title and interest to any and all content you may post, upload or otherwise disseminate through the Service and the Site.

We reserve the right, in our sole discretion, to review any and all content delivered into the Site and use moderators and/or any monitoring technology to flag and remove any user generated content or other content deemed inappropriate.

Your Account

In order to use some or all of the functionalities and Services provided through the Site, you will be required to register an account with the Site. At the time of registration, you will be asked to complete a registration form that will require you to provide information such as but not limited to your name, email address, user ID and other personal information as well as information about your business, if applicable.

Upon verification of details of the User who has applied for Site access, we may or may not grant an account.

You represent, warrant and covenant that: (i) you have full power and authority to accept these Terms, to grant any license and authorization and to perform any of your obligations hereunder; (ii) you will use the Site and Services for business or personal purposes only; and (iii) the address you provide when registering is the principal place of business of your business entity, or your personal address. You must not allow any other person to use your account to access the Site. You must notify us in writing immediately if you become aware of any unauthorised use of your account. You must not use any other person’s account to access the Site.

A User may not create more than one account on the Site. Each unique mobile device may not be associated with more than one account. Users who attempt to associate an excessive number of mobile devices with a single User account may be deemed to have violated these Terms of Use to the extent they are deemed by us to have abused these Terms.

A User may request to delete an account by contacting [email protected].

User IDs and Passwords

If you register for an account, you will be asked to choose a user ID and password. Your user ID must not be misleading or vulgar and must comply with the content rules set out in these Terms. You must not use your account or user ID for or in connection with the impersonation of any person.

You are responsible to maintain the confidentiality of your password and will be responsible for all uses via your registration and/or login, whether authorized or unauthorized by you. You agree to immediately notify us of any unauthorized use of your account, including user ID or password.

You must notify the Site by submitting a chat from within the Site or emailing us at [email protected] if you have reason to believe that your account is no longer secure for any reason (for example, in the event of a loss, theft or unauthorized disclosure or use of your password).

You are responsible for any activity and content on the account arising out of any failure to keep your password confidential and may be held liable for any losses arising out of such a failure.

Registration data and other personally identifiable information that we may collect is subject to the terms of our Privacy Policy.

International Users

The Service is controlled, operated and administered by GrowGeneration from our offices within the United States of America. 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 content or functionality accessed through the Site in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Our Site content, functionality, products and services accessible on the Site are subject to United States of America export control laws and regulations and may be subject to export or import control laws and regulations in other countries. You agree to strictly comply with all such laws and regulations and acknowledge that you have the responsibility to obtain authorization to export, re-export or import any content, functionality, products or services on our Site, as may be required.

Use of the Site is prohibited and unauthorized in any jurisdiction that does not give effect to all provisions of these Terms.

Termination of Access and Use

If you engage in prohibited conduct or otherwise violate any of the Terms, your permission to use the Site and Services will automatically terminate.

You also agree that we may, at any time and without notice to you, suspend or revoke your access to and use of the Site and/or Services, and any accounts you may have in connection with the Site and/or Services, including: (i) where we determine in our sole discretion that such action is reasonable in order to comply with legal requirements or to protect the rights or interests of GrowGeneration or any third party; or (ii) in connection with any general discontinuation of the Site or any Services.

We will have no liability whatsoever on account of any change to the Site or Services or any suspension or revocation of your access to or use of the Site and/or any Service.

Third Party Sites and Services

The Site may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of GrowGeneration and GrowGeneration is not responsible for all or any portion of any Linked Site, including without limitation any link contained in a Linked Site or any changes or updates to a Linked Site. GrowGeneration is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by or affiliation of GrowGeneration with the Linked Site or its content, data, software or operators.

We do not always review the information, pricing, availability or fitness for use of Linked Sites, or the products and services they offer, and they will not necessarily be available or error free or serve your purposes. Any use thereof is at your sole risk. We do not make any representations or warranties, whether express or implied, regarding any Linked Sites (or their products and services).

Certain Services made available via the Site enable you to export information to third party services, including through use of an API or by linking your account with an account on the third party service, such as Twitter or Facebook. By using any product, service or functionality originating from the Site, you hereby acknowledge and consent that GrowGeneration may share such information and data with any third party with whom GrowGeneration has a contractual relationship to provide the requested product, service or functionality on behalf of Users. Such third party services are not under our control, and we are not responsible for the contents of the third party service or the use of your content or information by the third party service.

From time to time, we may place ads and promotions from third party sources on the Site. Accordingly, your participation or undertakings in promotions of third parties other than GrowGeneration, and any terms, conditions, warranties or representations associated with such undertakings, are solely between you and such third party. GrowGeneration is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third party advertisers on the Site.

WE SHALL NOT BE LIABLE OR RESPONSIBLE IN ANY MANNER FOR ANY OF YOUR DEALINGS OR INTERACTION WITH THIRD PARTIES. WE HAVE NO CONTROL OVER THIRD PARTY WEBSITES AND THEIR CONTENTS, AND WE ACCEPT NO RESPONSIBILITY FOR THEM OR FOR ANY LOSS OR DAMAGE THAT MAY ARISE FROM YOUR USE OF THEM.

Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use the Site strictly in accordance with these Terms.

All content included as part of the Site, such as text, graphics, logos and images, as well as the compilation thereof, and any software used on the Site, is the property of GrowGeneration 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. Site 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 GrowGeneration 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 GrowGeneration or our licensors except as expressly authorized by these Terms.

Typographical Errors

All product prices, images and specifications are subject to change without notice. GrowGeneration takes reasonable steps to be accurate, but occasionally pricing, contents, unit of measurement or other errors may occur. GrowGeneration reserves the right to cancel any orders placed for product reflecting any such errors, whether or not the order has been confirmed or you have paid for the order. If payment has already been made and your order is cancelled, GrowGeneration will issue a refund to the same method originally used for payment.

Electronic Communications

You agree to receive communications from Site in electronic form. Such electronic communications may include, but will not be limited to, any and all agreements, notices, disclosures and other communications that various laws or regulations require that we provide to you, as well as such other documents, statements, data, records and any other communications regarding your relationship with the Site. You accept that the electronic documents, files and associated records provided via your account with Site are reasonable and proper notice for the purpose of any and all laws, rules, and regulations, and you acknowledge and agree that such electronic form fully satisfies any requirement that such communications be provided to you in writing or in a form that you may keep. We reserve the right to require ink signatures on hard copy documents from the related parties, at any time.

Privacy

Your use of the Site is subject to our Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

GrowGeneration will also process your personal data to ship Merchandise ordered, to facilitate any Merchandise returns and to provide customer service for you. We may also use your personal data for marketing purposes in accordance with applicable laws. You can read more about the processing of your personal data by GrowGeneration in our our Privacy Policy.

GrowGeneration 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 the Site and Services only with permission of a parent or guardian.

Indemnification

You agree to indemnify, defend and hold harmless GrowGeneration, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ 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 these Terms, your violation of any rights of a third party or your violation of any applicable laws, rules or regulations. GrowGeneration reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will pay all costs reasonably incurred by GrowGeneration and fully cooperate with GrowGeneration in asserting any available defenses in connection therewith.

Disclaimer of Warranties and Limitation of Liability

Neither GrowGeneration, nor its affiliates, subsidiaries, officers, employees and agents guarantee that the Site or Services will be error-free, uninterrupted, secure, or produce any particular results; or that any listing, purchase, order, amount, information, guide, sheet, checklist and/or content will be current, measured useful and/or valid, or that they will produce any particular results or that the information obtained therefrom will be reliable or accurate. No advice or information given by us or our employees, affiliates, contractors and/or agents shall create a guarantee. No warranty or representation is made about services or products of third parties contacted on or through the Site or Services.

Neither GrowGeneration, nor its affiliates, licensors, owners, subsidiaries, brands or advertisers are a professional advisor in any industry. The results described in the Site are not typical and will vary based on a variety of factors outside the control of GrowGeneration. Your use of any information and/or materials on the Site is entirely at your own risk, for which we shall not be held liable.

GrowGeneration and the Site are subject to applicable laws and legal process, and nothing contained in these Terms is in derogation of GrowGeneration’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or Services, or information provided to or gathered by GrowGeneration with respect to such use. GrowGeneration shall not be liable to you in any way for exercising such right to comply.

GROWGENERATION AND/OR ITS VENDORS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS OR 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. GROWGENERATION 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. IT SHALL BE YOUR OWN RESPONSIBILITY TO ENSURE THAT THE SERVICES OR INFORMATION AVAILABLE THROUGH THIS SITE MEET YOUR SPECIFIC REQUIREMENTS.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL GROWGENERATION AND/OR ITS VENDORS 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 OR SERVICES, WITH THE DELAY OR INABILITY TO USE THE SITE OR 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 OR SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF GROWGENERATION OR ANY OF ITS VENDORS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME 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.

Dispute Resolution.

Mandatory Arbitration. Any dispute or claim arising out of or relating to these Terms, the Site or the Services (“Covered Claims”) shall be resolved solely and exclusively by binding arbitration in Denver, Colorado (the “Arbitration Venue”), before a single arbitrator administered by the American Arbitration Association (“AAA”) in accordance with AAA’s then-current rules of consumer arbitration. Neither User nor GrowGeneration shall have the right to pursue any Covered Claim in court. Both User and GrowGeneration hereby irrevocably waive their right to have any Covered Claim heard by a judge or jury.

Proceedings in Aid of Arbitration. Notwithstanding the foregoing ,User or GrowGeneration may file suit in a federal or state court in or for the Arbitration Venue to (i) compel arbitration pursuant to these Terms and/or (ii) obtain temporary and/or preliminary injunctive relief (without posting a bond or other security) to prevent irreparable harm pending arbitration. User and GrowGeneration hereby irrevocably submit to the jurisdiction of such courts for such purpose and irrevocably waive any right that they may have to object to proceeding in such courts, including but not limited to objections based on lack of personal jurisdiction, improper venue or inconvenient forum.

Nature of Proceedings. The arbitration shall be governed by the Federal Arbitration Act. The arbitration shall be conducted exclusively on an individual basis and not as part of any class, collective or private attorney general representative proceeding, and User hereby irrevocably waives the right to assert any Covered Claim on a class, collective or private attorney general representative basis. Notwithstanding the foregoing, User shall not be required to arbitrate a private attorney general representative proceeding if applicable state law prohibits arbitration of such proceedings. All proceedings shall be confidential, and the arbitrator shall, upon the request of either party, (i) issue a protective order requiring the confidential treatment of documents and information produced by the parties in connection with the arbitration proceedings and (ii) exclude from each arbitration proceeding all persons except those determined by the arbitrator to be necessary to such proceeding. The decision or award rendered by the arbitrator shall be final and binding upon the parties, and judgment may be entered upon it in accordance with applicable law in a court of competent jurisdiction.

Batch Arbitration. If there are 10 or more arbitration demands filed against GrowGeneration by or with the assistance of the same law firm, group of law firms or organization within any 180-day period (or otherwise in close proximity) that arise out of the same or similar event or factual scenario and raise the same or similar legal issues and seek the same or similar relief, GrowGeneration may, in its sole discretion, require AAA to (i) group the arbitration demands into batches of no more than 99 demands per batch, (ii) appoint one arbitrator for each batch; and (iii) provide for resolution of each batch as a single consolidated arbitration with one set of filing and administrative fees due per batch, one procedural calendar, one hearing (if any), and one final award.

Arbitrator’s Authority; Arbitrability. All questions regarding the arbitrability of any claim or the formation, interpretation, validity or enforceability of these Terms, including without limitation this arbitration provision, whether procedural or substantive in nature, shall be resolved exclusively by the arbitrator and not by a court. If either User or GrowGeneration asserts both arbitrable and non-arbitrable claims, the arbitrable claims shall be heard exclusively by the arbitrator as provided herein. If any arbitrable claim is factually intertwined with a non-arbitrable claim, litigation of the non-arbitrable claim shall be stayed by the parties pending arbitration of the arbitrable claim.

Arbitration Fees. User and GrowGeneration shall each pay one-half of the fees and costs charged by AAA and the arbitrator for the arbitration proceeding; provided that, unless the arbitrator orders otherwise, User shall not be required to pay more than the fees that User would have been required to pay to a state court in User’s state of residence if User’s claims had been brought in such court.

Opt-Out of Arbitration. Users may opt out of this arbitration agreement by sending an arbitration opt out notice to [email protected] within 30 days of the date of User’s first access to or use of the Site or the Services. The opt out notice must clearly state that User is rejecting arbitration, identify the agreement to which it applies; provide User’s name and address, and be signed by User. No other methods can be used to opt out of the provisions of this arbitration agreement.

Applicable Law. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Colorado, without regard to its conflict of laws principles.

Miscellaneous

Force Majeure. GrowGeneration is not liable for any failure of performance on its obligations as set forth herein, where such failure arises from any cause beyond our reasonable control, including but not limited to electronic, power, mechanic or Internet failure, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.

Headings. The titles of paragraphs in these Terms are shown only for ease of reference and will not affect any interpretation therefrom.

Severability. If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth herein, 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.

Waiver. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any rights hereunder, except to the extent expressly set forth in a writing signed by the waiving party.

Entire Agreement. Unless otherwise specified herein, these Terms constitute the entire agreement between the user and GrowGeneration with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and GrowGeneration 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.

No Assignment. You may not assign or transfer these Terms by operation of law or otherwise without our prior written consent. Notwithstanding the foregoing, we may assign any rights or obligations hereunder to any current or future affiliated company and to any successor in interest of GrowGeneration. These terms will inure to the benefit of any successors and permitted assigns of the parties. We reserve the right, at any time, to transfer some or all of our assets, rights and properties, including these Terms, in connection with a merger, acquisition, reorganization or sale of assets or in the event of bankruptcy.

Changes to Terms. We hereby reserve the right to update, modify, change, amend, terminate or discontinue the Site, the Services, the Terms and/or the Privacy Policy, at any time and at our sole discretion. We may change the Site’s functionalities, content, prices or fees at any time. Any changes to these Terms will be posted to the Site, and we may notify you through the Site or by email. Please refer to the date shown below for the effective date when changes were last made. Your use of the Site or Services after the effective date of any update–either by an account registration or simple use–indicates your acceptance thereof.

Contact Us

We welcome your questions or comments regarding these Terms. Please contact us by mail, email or telephone as follows:

5619 DTC Parkway

Suite 900

Greenwood Village, CO 80111

Email: [email protected]

Telephone: (877) 978-1119

Effective as of March 11, 2024.

Cancellation Policy

Please ensure that your billing, shipping and email addresses are correct, and that you have provided a working phone number. Any errors may result in your order being delayed, canceled or undeliverable and subject to return fees.

Please contact GrowGeneration via email or by phone as soon as possible if you wish to cancel all or any part of your order. Your order is not considered canceled until you have been notified that we were successful in canceling the shipment before leaving our warehouse. Once an order has shipped, partially or complete, it is considered fulfilled and will require a pre-authorized return subject to return fees, if applicable. Special Order items are not eligible for cancelation.

All orders canceled by the customer after a credit card or other fee-bearing payment service has been used are subject to a 3% processing fee deducted from the refund.

Please note that there may be certain orders that we are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Some situations that may result in your order being canceled include but are not limited to quantities available for purchase, product recalls, stop sale orders as required by law in the delivery location, inaccuracies or errors in product or pricing information, or problems identified by our fraud avoidance department. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order.

Shipping Policy

Order Processing and Shipping Time and Methods

Most orders are processed within 3-5 days, and we typically offer 3-5 day Ground and 5-10 day Freight to ship most orders. Expedited shipping may be available on certain orders as well. Processing and shipping times may vary depending on factors such as stock availability, order size, special handling requirements and special order status. Transit times may vary depending on factors such as per carrier, shipment size and destination.

We may sometimes offer free shipping for specific shipping methods in select categories, or free shipping site wide, however customers are typically responsible for all shipping and freight charges. Our shipping fees are calculated by the weight, dimensions, destination and shipping method. We reserve the right to notify you of any additional shipping charges necessary to deliver your order. Our web site attempts to estimate calculated shipping fees and sometimes is not accurate for a multitude of reasons, including rural delivery locations, shipment requires multiple pallets or delivery to an island.

Shipping Destinations

We ship within the contiguous 48 states, as well as to *Alaska and *Hawaii. We do not ship outside of the United States.

*Promotions and/or discounts for shipping do not apply to Alaska or Hawaii.

Missing, Lost and Stolen Packages

GrowGeneration is not responsible for any missing, lost or stolen items. Claims for missing, lost or stolen items should be reported to carriers or local authorities, as applicable.

Discrete Shipping

Privacy for many of our customers is of the greatest importance. We get it. You can request your packages shipped in unmarked boxes without any identifying markings. Our pallet orders can be wrapped in black for your privacy. Email us at [email protected] to request discreet shipping.

Dropship and Multiple Shipments

Customer orders may be fulfilled directly by the manufacturer or distributor to reduce cost and shipping time. In some cases, we may choose to ship an order from multiple locations or in multiple shipments. Customers are not charged for any additional shipping fees incurred if we decide to send your order in multiple packages, unless specifically requested by the customer.

Freight Shipments

Oversized items will be shipped on pallets (i.e., large orders, trays, soil, reflectors, dehumidifiers, etc.). Freight shipments are delivered by scheduled appointments. Customers will need to inspect for damage incurred via transit. DO NOT accept the shipment if there is any damage. If your freight shipment arrives damaged, contact us immediately.

Freight shipments are delivered by scheduled appointment only. Our freight carrier will contact you directly to arrange a delivery day and time. You must respond to the freight carrier within 24 hours. If the freight carrier cannot confirm a delivery appointment within 24 hours of first contact, customers are responsible for all return shipping fees and restocking fees.

You must inspect all freight shipments prior to accepting delivery. Your signature on the freight bill confirms that you have received your shipment/order in acceptable condition. Once signed, there is no reimbursement of freight charges, product costs or any other charges incurred by you from GrowGeneration.

We may require customers to submit a refundable freight deposit prior to receiving a freight estimate or prior to order shipment. We strive to find the quickest, most affordable freight option for our customers.

Return Policy

You may return most items for a refund within 7 days of delivery, subject to the requirements set forth in this policy.

We do not accept returns on soils, media, liquids, nutrients, trimming machines, lamps, bulbs, grow tents, trays, harvest tools or discounted, closeout or discontinued products.

To request a return, contact us by phone or email, or create a return request by emailing us at [email protected]. All returns must be pre-authorized.

We offer additional support in the case of damaged, defective or manufacturer warrantied products, as described below.

General Return Requirements

Customers must obtain prior authorization from GrowGeneration to return products.
Products must be free of scratches, dents and cosmetic defects and must not have been used.
Products must be in new, resalable condition, and in the original, undamaged, unopened packaging.
Products must be in their original packaging and placed in a shipping box to prevent any damage to the original packaging.
Returns must include all informational brochures, installation guides, hardware, cords and accessories.
GrowGeneration may require photos of products or other documentation prior to authorizing a return.

See below for additional details.

Prior Authorization

Returns must be pre-authorized by GrowGeneration. Do not return items without prior authorization. Unauthorized returns will not be processed. After receiving authorization for a return by phone, email or our website, you will receive an email with the address of the warehouse the item(s) should be shipped back to and instructions for the return.

Return Shipping

Shipping fees are non-refundable and customers must pay return shipping, except in certain circumstances, such as due to a shipping error, shipping damage or manufacturer defect.

Products must be in their original packaging and placed in a shipping box to prevent any damage to the original packaging.

Please purchase insurance for your return package with the carrier of your choice. GrowGeneration is not responsible for damaged, lost or stolen return items.

Remove and/or cover any existing shipping labels, stickers, or other identifying marks on the shipping box from previous shipments. Use a black marker to cover any existing labels or bar codes.

Refunds

A refund will be processed (less shipping, 3% payment processing fee (if applicable) and 20% restocking fee) after the product is received at the designated warehouse in acceptable condition. Refunds are typically issued within 7-10 business days on successful returns.

Items acquired through a buy-one-get-one free or similar free product promotion cannot be refunded. Discounts based on quantity will be applied against any refunds if the retained quantity falls below the minimum purchase required for the discount.

Buy Online, Pickup In Store

If you purchased your order online and picked it up in store, you may return the item(s) at the store. Refunds for Buy Online Pickup in Store items are only made by crediting the original method of payment, if proof of purchase is provided. “Proof of purchase” includes your original order confirmation email and a picture ID.

Damaged and Defective Products

We require that all shipments be inspected promptly following delivery. Damages and discrepancies must be reported to [email protected] within 48 hours of receipt.

If a product is defective within 30 days of delivery, we will exchange the product for a new one, issue a credit or issue a refund after we receive and inspect the product and confirm the defect. Please immediately contact us by phone or email if you discover one of our products is not working properly.

Warranty Claims

If a product purchased at GrowGeneration.com fails outside of the 30-day defective return period, but within the manufacturer’s warranty period, GrowGeneration is happy to assist you with the claim process. Warranty claims are subject to the manufacturer’s terms. You may receive a refund, replacement or repair at the manufacturer’s discretion.

What is Coco Coir?

Coco coir is an organic product derived from processing coconut husks from coconut trees grown in tropical and subtropical areas.

RHP certification

Explore our Material Safety Data Sheet, Metal Analysis, and CharCoir Coco Analysis.

Charities we support and causes we believe in

Shanti Bhavan empowers children from India’s lowest socioeconomic class to break the cycle of generational poverty through education, leadership, and compassion.

Cookies Policy

Cookie Policy

Protecting your personal information is a priority. This Cookie Policy applies to Char Coir’s website at charcoir.com (collectively “the site”) and governs cookie usage. The site is an e-commerce website. By using the site, you consent to the cookie practices described in this Cookie Policy.

What are Cookies?

Like most websites, our websites use cookies to collect information. Cookies are small data files which are placed on your device as you browse our websites. They are used to ‘remember’ when your device accesses our websites. They allow us to remember whether you are logged in to the site and what items you had in your shopping basket. Cookies are essential for the effective operation of our websites and to help you shop with us online. They are also used to tailor the products and services offered and advertised to you, both on our websites and elsewhere.

Information Collected

Some cookies collect information about browsing and purchasing behavior when you access our websites via the same computer or device. This includes information about pages viewed, products purchased and your journey around a website. All data passed by cookies will not contain individual details such as your name, address, telephone number or payment information but may contain our customer reference number that is unique to you or your IP address. For more detailed information about how cookies work, please visit [insert hyperlink to https://www.allaboutcookies.org].

How are Cookies Managed?

The cookies stored on your computer or other device when you access our websites are designed by: us or on our behalf and are necessary to enable you to make purchases on our websites; third parties who participate with us in marketing programs; and third parties who publish web banner advertisements for us.

What are Cookies Used For?

Cookies are used with our marketing partners to present you with appropriate offers and advertising as you browse other sites on the internet, based on your browsing activity while on our site. Cookies also allow us to work alongside our web analytics partner, Google Analytics, to see how you like to use our website, which pages or special functions you prefer and help us to make them better. We may match the data we capture through cookies with personal data that we already hold about you to better understand you. This helps us to continually improve the relevance of our promotional communications, your shopping experience and our products and services. The main purposes for which cookies are used are:

For functional purposes essential to effective operation of our websites, particularly in relation to online transactions, site navigation and preferences.
For marketing and advertising, particularly web banner advertisements and targeted updates through digital channels and social media.
To enable us to collect information about your browsing and shopping behavior, helping us to improve your shopping experience and to monitor performance.
To enable us to meet our contractual obligations to make payments to third parties when a product is purchased by someone who has visited our website from a site operated by those parties.

To update your cookie preferences, click here [insert link to Cookie Preferences Pop-Up/Page].

Marketing Cookies

We work with partners that serve advertisements or present online offers on our behalf. Most of these marketing partners use both session and persistent cookies. These cookies are used to deliver advertisements more relevant to you and your interests. They are also used to limit the number of times you see an advertisement and to help measure the effectiveness of the advertising campaign.

What Types of Cookies do We Use?

There are several types of cookies that may be used during your visit to our site:

Session Cookies: Session cookies are deleted after each visit to our site. For example, when you are browsing our site, it will remember you for the duration of your visit, but the cookie will be removed from your computer as soon as you close down your internet browser. Session cookies allow you to add an item to the basket and then move through the checkout. Disallowing these cookies via your web browser will mean you are unable to place an order on this site.
Persistent Cookies: Persistent cookies remember you for a set period of time, allowing wishlist and/or previously viewed products to be displayed the next time you visit our site and whether you were logged into your account.
Strictly Necessary Cookies: These cookies are essential so that you can move around the website and use its features. Without these cookies, services you have asked for cannot be provided. These cookies are necessary for the website to function and cannot be switched off in our systems. These cookies do not store any personal information.
Functional Cookies: These cookies allow the website to remember choices you make to give you better functionality and personal features. These cookies allow the website to remember choices you make to give you better functionality and preferences such as text size, fonts and other customizable website elements. They may also be used to keep track of what products and pages you viewed to avoid repetition. The information these cookies collect will not personally identify you, and they cannot track your browsing activity on other websites.
Performance Cookies: These cookies help to improve the performance of our website. They help us know which pages are the most and least popular and see how visitors move around the website. All information these cookies collect is aggregated and therefore anonymous. If you do not allow these cookies we will not know when you have visited our website, and will not be able to monitor its performance.
Security Cookies: These cookies enable and support the website’s security features, and to help detect malicious activity and violations of the website’s Terms of Use.
Tracking and Performance Cookies: These cookies collect information about how you use our website. For instance, which pages you go to most. This data may be used to help optimize our websites and make them easier for you to navigate. These cookies are also used to let affiliates know if you came to one of our websites from an affiliate and if your visit resulted in the use or purchase of a product or service from us, including details of the product or service purchased. These cookies don’t collect information that identifies you. All information these cookies collect is aggregated and therefore anonymous.
Targeting and Advertising Cookies: These cookies may be set through our website by our advertising partners. They may be used by those companies to build a profile of your interests and show you relevant advertisements on other websites. They do not store directly personal information, but are based on uniquely identifying your browser and internet device. If you do not allow these cookies, you will experience less targeted advertising.

Turning Off and Deleting Cookies

Most web browsers will provide the option to turn off or disallow cookies. How you do this depends on the web browser you are using. Instructions for disabling cookies can usually be found in the browser's 'Help' menu. Note that in common with most other transactional websites, if you only disable third party cookies, you will not be prevented from making purchases on our websites but refusing the cookies we have used via your web browser will mean that you are unable to make a transactional purchase on our website. You may also find that the functionality of many other websites and services will be affected. Cookies can be deleted using your web browser. However, unless they are disallowed, they will be reapplied the next time you visit a website.

If you want to disable cookies, you need to change your website browser settings to reject cookies. How you can do this will depend on the browser you use. Further details on how to disable cookies for the most popular desktop browsers are set out here (these may vary depending on operating system and browser version):

For Microsoft Internet Explorer:

Choose the menu “Tools” then “Internet Options”

Click on the “Privacy” tab

Select “Advanced”

Choose the appropriate settings

For Google Chrome:

Choose “Settings” and click on “Advanced”

Under "Privacy and Security" click “Content Settings”

Click “Cookies”

For Safari:

Choose Preferences > Privacy

Click on “Block all cookies”

For Mozilla Firefox:

Click on the menu icon then select “Options”

Click on the icon “Privacy & Security”

Find the menu “cookie” and select the relevant options

For Opera 6.0 and further:

Choose the menu icon and select “Settings”

Click on “Privacy & Security”

Choose the appropriate settings

Effective as of March 11, 2024

California Privacy Policy

California Privacy Rights Policy

The California Consumer Privacy Act and the California Privacy Rights Act (“CCPA/CPRA”) provide California residents with specific rights regarding their personal information. In addition to our Privacy Policy, which can be found by viewing our privacy policy on our site, this California Privacy Rights Policy further describes your CPRA/CCPA rights and explains how to exercise those rights.

Access to Specific Information and Data Portability Rights

You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request, we will disclose to you:

The categories of personal information we collected about you.
The categories of sources for the personal information we collected about you.
Our business or commercial purpose for collecting or selling that personal information.
The categories of third parties with whom we share that personal information for cross-context behavioral advertising.
The specific pieces of personal information we collected about you (also called a data portability request).
If we sold or disclosed your personal information for a business purpose, two separate lists disclosing:
- sales, identifying the personal information categories that each category of recipient purchased; and
- disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.

Deletion Rights

You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete (and direct applicable service providers to delete) your personal information from our records, unless an exception applies.

We may deny your deletion request if retaining the information is necessary for us or applicable service providers to:

Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.
Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
Debug products to identify and repair errors that impair existing intended functionality.
Exercise free speech protect the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 seq.).
Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research's achievement, if you previously provided informed consent.
Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
Comply with a legal obligation.
Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

Correction Rights

You have the right to request that we correct inaccurate personal information about you. We will consider the nature of the personal information and the purposes of the processing of the personal information in responding to your request. We will process your request if we receive a verifiable request, and we will use commercially reasonable efforts to correct the inaccurate personal information as directed pursuant to the CCPA/CPRA.

Your Right to Limit the Use of Sensitive Personal Information

You have the right, at any time, to direct us to limit our use of your sensitive personal information only to that which is necessary to perform the services or provide the goods reasonably expected or to fulfil the reason that we collected such information and/or other permissible business purposes. Sensitive personal information includes:

Government ID — your Social Security number, driver’s license number, state identification card number, passport number, or other official identifier.
Financial Information — your financial account log‐in credentials, debit card, or credit card number in combination with any required security or access code, password, or credentials allowing access to an account.
Geolocation — your precise geolocation.
Race, religion and union membership — your racial or ethnic origin, religious or philosophical beliefs, or union membership.
Communications — the contents of your private communications, unless we are the intended recipient of the communication.
Genetics — your genetic data.
Biometrics —biometric information processed for the purpose of uniquely identifying you (such as a fingerprint or voice print).
Health — personal information collected and analyzed concerning your physical and mental health.
Sexual orientation — personal information collected and analyzed concerning your sex life or sexual orientation.

Generally, we do not collect sensitive personal information from you except for geolocation data. We may use or disclose such sensitive personal information to provide you with products and/or services or direct advertising to you. Also note that this information may be used or disclosed to a service provider or contractor pursuant to a written agreement in order to provide such products and/or services or directed advertising. Note that this right to limit such uses does not apply to sensitive personal information that is collected or processed without the purpose of inferring characteristics about you.

Exercising Your Rights

To exercise the rights described above, please submit a verifiable consumer request to us by either:

Calling us at (877) 978-1119
Emailing us at [email protected]

Only you, or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child.

You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:

Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative.
Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. For all requests, if the information is not already included on the form or website, it is helpful to put the statement “California Privacy Rights” in the body of your request, describe the nature of your request, and provide your name, street address, city, state, and zip code. In your request, you need to provide enough information that allows us to reasonably verify that you are the person that we collected information about. We will not require you to incur any costs or fees to process or provide a verifiable request.

Making a verifiable consumer request does not require you to create an account with us.

We will only use personal information provided in a verifiable consumer request to verify the requestor's identity or authority to make the request.

“Do Not Track” Signals

Some web browsers allow you to set a global “Do Not Track” flag that is visible to websites. We will treat these flags as valid opt-out requests under California law. However, note that these signals are associated with a specific device and will not transfer when you switch web browsers, such as from a laptop to a mobile device. Additionally, we do not keep records that match users to their web browsers or IP addresses. Therefore, you will need to submit a written request to exercise these rights as they relate to your information in our customer records.

Response Timing and Format

We will confirm receipt of a verifiable consumer request within 10 business days and provide information about how we will process the request.

We will provide a response to a verifiable consumer request within 45 calendar days of its receipt. If we require more time (up to 45 calendar days), we will inform you of the reason and extension period in writing.

We will deliver our written response electronically.

Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request’s receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.

Selling and Sharing Opt-Out Rights

We may use your personal information to provide you with targeted advertisements or marketing communications we believe may be of interest to you. Because some of the data analytics providers whose collection of information may be considered as the selling and/or sharing of information, as those terms are defined under the law, you can submit an opt-out request.

A consumer or their representative may instead submit a request to opt out of sharing or selling by sending an email to [email protected].

Please note that online opt-outs are device and browser-specific. You may still see personalized ads from us while using a different device or browser, unless you also opt-out using that device or browser.

Please note that some third-party vendors do not respect the U.S. Privacy String [insert hyperlink to https://iabtechlab.com/standards/ccpa/], which is the mechanism we use to communicate your Request to Opt-Out to third parties that collect information via cookies on our website. If you choose, you may also use the Digital Advertising Alliance (DAA) WebChoices Tool to globally opt-out of third-party tracking via website cookies. For more information, see our Cookie Policy [insert hyperlink to Cookie Policy].

Additionally, we do not intend to market to any individual under the age of 18, and we expressly prohibit, anyone under the age of 18 from disclosing or submitting any personal information to us through our Site or other means. Therefore, we do not sell or share any information of any individual under the age of 18.

Once you make an opt-out request, we will wait at least 12 months before asking you to reauthorize personal information sharing for cross-context behavioural advertising or sale. However, you may change your mind and opt back in to personal information sharing for cross-context behavioural advertising and sale at any time by emailing us at [email protected].

You do not need to create an account with us to exercise your opt-out rights. To the extent any information is collected, we will only use personal information provided in an opt-out request to review and comply with the request.

Non-Retaliation/No Discrimination

We will not retaliate or discriminate against you for exercising any of your rights. Unless permitted by law, we will not:

Deny you goods or services.
Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
Provide you a different level or quality of goods or services.
Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

Accessibility Statement

We are committed to making sure that our website is accessible to everyone. To access this policy in an alternative form, please contact [email protected]. For more information, please see our Accessibility Statement in the other tab on this menu.

Effective as of March 11, 2024

Privacy Policy

Protecting your personal information is a priority. This Privacy Policy applies to Char Coir's website at charcoir.com (collectively “the site”) and governs data collection and usage. The site is an e-commerce website. By using the site, you consent to the data practices described in this Privacy Policy.

This Privacy Policy is incorporated into and is a part of the Terms of Use for this site. To access the Terms of Use, click here.

Collection of your Personal Information

We may collect personal information, such as your name, mailing address, telephone number, and products purchased. If you purchase products and services, we collect billing and credit card information. However, we do not process or maintain such data. Our third-party payment processor(s) process such data to complete your transaction. This information is used to complete the purchase transaction.

We may also collect your geolocation for use for geo-targeted advertising and geo-fencing around our and our competitors’ locations.

We may also collect anonymous demographic information, which is not unique to you, such as your age, gender and household income. We may gather additional personal or non-personal information in the future, and if we do, we will update this Privacy Policy as necessary.

Information about your device hardware and software may be automatically collected by us. This information can include, without limitation: your IP address, browser type, domain names, access times, website addresses, session information, and time on site. This information is used for the operation of the service, to maintain quality of the service, and to provide general statistics regarding use of the site. For more information on this collection and use of tracking technologies see “Use of Cookies” section below.

If you communicate with us for any reason, we will collect your name, email address and the content of your message.

We encourage you to review the privacy policies of websites you choose to link to from the site so that you can understand how those websites collect, use and share your information. We are not responsible for the privacy policies or other content on websites outside of the site.

Use and Disclosure of your Personal Information

We collect and use your personal information to operate the site and deliver the services you have requested.

We may also use your personal information to inform you of other products or services available from us and our affiliates. We may also contact you via email and/or text message to complete surveys to conduct research about your opinion of current services or of potential new services that may be offered.

We may share and disclose data with trusted partners to help perform statistical analysis, send you email or postal mail, provide customer support, or arrange for deliveries. All such third parties are prohibited from using your personal information except to provide these services to us, and they are required to maintain the confidentiality of your information.

We may keep track of the pages our users visit within the site to determine what services are the most popular. We may also collect your geolocation for purposes of targeted advertising. This data is used to deliver customized content and advertising to customers whose behavior indicates that they are interested in a particular subject area. If you are a California resident, see the section below titled “California Privacy Rights” for information on opting-out of this tracking and targeted advertising.

We will disclose your personal information, without notice, only if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on us or the site; (b) protect and defend our rights or property; (c) act under exigent circumstances to protect the personal safety of users of the site, or the public; or (d) to evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us about our site users is among the assets transferred.

We may sell your personal information to third parties as permitted by applicable law, and we may share your personal information with third parties for purposes of targeted advertising. If you are a California resident, see the section below titled “California Privacy Rights” for information on opting-out of the sale and/or sharing of your information.

Use of Cookies, Pixels and Other Tracking Technologies

We may use various technologies, including cookies, tokens, tags, web logs, web beacons, scripts, and web server logs to gather automatically collected information and may aggregate this information from visitors of our website or to enable certain features of our website. We may also use third-party analytics companies to provide these services.

We may also allow third parties to use cookies and other technologies to collect activity information and to track browsing activity over time and across third-party websites such as web browsers used to access the site, which websites are referring traffic or linking to the site, and to deliver targeted advertisements to you. Activity information is captured using various technologies and may include cookies. Cookies are small text files that may be placed on your device when you visit a website. You may disable cookies and similar items by adjusting your browser preferences at any time; however, this may limit your ability to take advantage of all the features on the site.

Additionally, the site works with third-party products and services (“Service Providers”) to offer and present the site to you. These Service Providers may include Google, Facebook, Instagram, Amazon and other Service Providers who help us track and analyze our site user activity, measure the effectiveness of our advertising efforts, and support the optimization of our digital campaigns.

The site uses cookies, tracking pixels and related technologies that are set by us or by Service Providers. The information collected through these cookies and other tracking technologies is stored and retrievable either for the duration of the site visit (known as “session cookies”), or until they are deleted or are set to expire (known as “persistent cookies”).

Examples of information we and Service Providers collect using these technologies may include how often someone visits the site and what they do while on the site. We and Service Providers use this information in the aggregate to understand how our visitors as a group use different resources and to help us improve the site. We and Service Providers also collect information about the activity of individual site users. This information may be used to direct related advertising campaigns and/or informational content to site users when they visit other websites.

Most internet browsers accept cookies by default, but you can modify your browser preferences to block or restrict cookies if you do not want your web browsing activity tracked. To see the specific types of cookies the site uses, click here: [insert hyperlink to Cookie Preferences Pop-Up].

Please note that some cookies are necessary for the site to operate and, as such, cannot be declined. However, such cookies do not collect any personal information. If you choose, you may use the Digital Advertising Alliance (DAA) WebChoices Tool to globally opt out of third-party tracking via website cookies. There are also a variety of other tools publicly available to manage cookies and similar technologies that collect information related to your use of the site. To learn more about cookies and modifying your browser settings related to these cookies you can review guidance from the FTC.

We are not responsible for the effectiveness or compliance of third-party opt-out mechanisms or programs. Please note that if you delete your cookies or upgrade your browser after having opted out, you will need to opt out again. Your opt-out is specific to the browser you are using and the device you use to access the site. Therefore, if you use multiple browsers or devices you will need to opt out on each browser or device. You can access the information on the site without enabling cookies in your browser, but disabling cookies may result in a diminished ability to take advantage of the services and related informational content on the site.

We also use web analytics and tag management services and tools provided by Google and other third parties to collect certain information relating to your use of the site. You can find out more about how Google uses data when you visit our website by visiting here.

Our Service Providers may acquire additional information about your activity on the site, including pages you visit, access times, visit duration, how you arrived at our website and your IP address. An IP address is a number that identifies a device connected to the internet. For most devices, the IP address changes. Service Providers may also acquire device identifiers and specific information about the browser you use. In some cases, this information may be unique to you.

Additionally, the site uses pixels, which are HTML code snippets that are loaded when a user visits a website or opens an email. It is useful for tracking user behavior and activity. With a tracking pixel, advertisers can acquire data for online marketing, web analysis or email marketing. If such data is analyzed in a particular way, the data collected through these pixels can be used for other purposes as well, such as retargeting/behavioral advertising.

For example, we may deploy the Facebook Pixel on the site. The Facebook Pixel may enable Facebook to match site visitors with their Facebook User Accounts. You can find out more about how Facebook collects and uses data by clicking here:

If you’d like to disable these tracking pixels, there are different ways in which you can prevent your data from being collected by tracking pixels, including:

Set browser and email settings to be as restrictive as possible such that external graphics are only supported after permission, and HTML emails are not supported. Appropriate firewall settings can also be used to do this.
Some browser extensions can be used to make tracking pixels visible (e.g. PixelBlock, uBlock Origin, HTTPS Everywhere, etc.).

For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s educational page here]

You can opt out of specific third-party targeted advertising by visiting the settings pages of those third parties, such as:

FACEBOOK
GOOGLE

Security

To secure your information, we have put in place commercially suitable physical, electronic, and managerial procedures to safeguard and secure the information we collect on the site. Nonetheless, the transmission of information via the internet is not completely secure and we cannot guarantee the security of data sent to us electronically on the site. Transmission of such data is therefore entirely at your own risk.

Users Only of Legal Age of Majority

The site is designed and intended for those who have reached the age of majority (18 years of age). By using the site, you affirm that you are at least 18 years of age or older. We are not liable for any damages that may result from a user’s misrepresentation of age.

We do not knowingly collect personal information from children under the age of 13. No one under age 13 is authorized to submit or post any information, including personal information, on the site. Under no circumstances may anyone under age 13 use the site. Parents or legal guardians of children under 13 cannot agree to these terms on their behalf.

Opt-Out & Unsubscribe

We respect your privacy and give you an opportunity to opt out of receiving announcements of certain information from us. Users may opt out of receiving any or all communications from us by contacting us here:

Email: [email protected]
Phone: (877) 978-1119

You may also opt out of receiving text messages from us pursuant to the instructions in the text you received, and you can unsubscribe from our marketing emails by clicking on the unsubscribe link in the email.

Changes to this Privacy Policy

We will occasionally update this Privacy Policy to reflect company and customer feedback, as well as changes in applicable legal requirements. We encourage you to periodically review this Privacy Policy to be informed of how we are protecting your information. If we materially alter this Privacy Policy, we will notify you of such changes by posting a notice on the site. Your continued use of the site will be deemed your agreement that your information may be used in accordance with the new policy. If you do not agree with the changes, then you should stop using the site, and you should notify us that you do not want your information used in accordance with the changes.

California Privacy Rights

If you are a resident of California, you have the following rights under the California Privacy Rights Act/the California Consumer Privacy Act (“CPRA/CCPA”):

to know what categories of personal information about you we have collected and used, including how the personal information was collected;
to know what categories of personal information are being sold or disclosed, and if it is being sold or disclosed to third parties and a list of categories of information that are sold, or, if applicable: to know that your personal information has not been sold;
to opt out of the sale and/or sharing of your personal information;
to access your personal information, including the right to download or transfer personal information collected during the previous 12 months;
to request that your personal information be corrected;
to request that we limit our use of your sensitive personal information;
to request that your personal information be deleted;
to request that we not use your personal information for cross-context behavioral advertising; and
to equal service and equal price for goods or services even if you exercise your rights under the CPRA/CCPA.

If you are a California resident, you may request to opt-out of the sale of your personal information and/or sharing of your personal information for cross-context behavioral advertising.

If you are a California resident and you want to exercise any of your rights as set forth above, please contact us at (877) 978-1119 or [email protected]. For all requests, it is helpful to put the statement “California Privacy Rights” in the body of your request, describe the nature of your request, and provide your name, street address, city, state, and zip code. In your request, you need to attest to the fact that you are a California resident and provide a current California address for our response.

We will not discriminate or retaliate against you for exercising any of your CPRA/CCPA rights. Unless permitted by the CPRA/CCPA, we will not:

Deny you goods or services.
Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
Provide you a different level or quality of goods or services.
Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

Accessibility Statement

We are committed to making sure that our site is accessible to everyone. For more information, please see our Accessibility Statement in the tabs above.

Contact Information

We welcome your questions, complaints or comments regarding this Privacy Policy. If you believe that we have not adhered to this Privacy Policy, please contact us by mail, email or telephone as follows:

5619 DTC Parkway

Suite 900

Greenwood Village, CO 80111

Email: [email protected]

Telephone: (877) 978-1119

Effective as of March 11, 2024

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