Terms of Use

These Terms of Use (“Terms”) apply to the website located at HeroGrown.org and any other websites or applications associated with HeroGrown™ brands or products that direct the viewer or user to these Terms (ssollectively, the “Site”). In these Terms, the terms “HeroGrown™,” “we,” and “us” refers to HeroGrown™ Foundation and its respective subsidiaries and affiliated companies.

Your access to and use of the Sites is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Site. By accessing or using the Site you agree to be bound by these Terms. If you disagree with any part of the Terms then you should discontinue access or use of the Site.

ABILITY TO USE THE SITE
In order to accept the Terms and to use the Site, you must be at least 18 years of age (“Minimum Age”). The Site not intended for users under the Minimum Age. You hereby affirmatively represent that (a) you are at least the Minimum Age in the applicable country; (b) you have the consent of your parent(s) to use the Site if you are under 18 years of age; (c) you have all the applicable rights and authority to grant HeroGrown™ the rights granted in these Terms; and (d) you have read, understood, and agree to be bound by these Terms. If you are not at least the Minimum Age, do not have parental consent, or you do not agree to all the terms and conditions of these Terms, you may not use the Site.

USE RESTRICTIONS
You understand and accept that all information, data, text, software, music, sound, photographs, graphics, audio, video, message or other material appearing on this Site (collectively, “Content”) are owned by HeroGrown™ or it’s licensors. You are expressly prohibited from using any Content without the express written consent of HeroGrown™ or its licensors. Except as otherwise stated in these Terms, none of the material may be reproduced, distributed, republished, downloaded, displayed, posted, transmitted, or copied in any form or by any means, without the prior written permission of HeroGrown™, and/or the appropriate licensor. Permission is granted to display, copy, distribute, and download the materials on this Site solely for personal, non-commercial use provided that you make no modifications to the materials and that all copyright and other proprietary notices contained in the materials are retained. You may not, without HeroGrown’s express written permission, ‘mirror’ any material contained on this Site or any other server. Any permission granted under these Terms terminates automatically without further notice if you breach any of the above terms. Upon such termination, you agree to immediately destroy any downloaded and/or printed materials. Any unauthorized use of any material contained on this Site may violate domestic and/or international copyright laws, the laws of privacy and publicity, and communications regulations and statutes.

ANY USE OF THE SERVICES NOT SPECIFICALLY PERMITTED UNDER THESE TERMS IS STRICTLY PROHIBITED.

CHANGE IN TERMS
We may from time to time change the terms that govern your use of our Site. We may change, move or delete portions of, or may ddd to, our Site from time to time. If we make material changes to the Terms, we will notify you by email or through a message posted on the Site. Your continued use of our Site following any such change constitutes your agreement and affirmative acceptance to follow and be bound by the modified Terms. If you do not agree to, or cannot comply with, the Terms as modified, you must stop using the Site.

SUBMISSION OF CONTENT; COMMENTS, IMAGES, VIDEOS AND OTHER CONTENT
For any content you provide to HeroGrown™, on or by the Site, or otherwise disclose, submit or offer in connection with your use of this Site or other websites such as Facebook or Instagram that may interact with this Site, including comments, ideas, images, photographs, video clips, audio clips, graphics, tags, data, materials, information, and other submissions, (collectively, ‘User Content’), you specifically grant us a non-exclusive, transferable, sub-licensable, royalty-free, fully paid up, worldwide license (but not the obligation) to use any User Content that you post on or in connection with HeroGrown™ (“IP License”). The IP License includes, for example and without limitations, the right and license to use, reproduce, modify, edit, adapt, publish, translate, create derivative works from, distribute, perform and display such material (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, in both digital and physical owned channels, and will not be limited in any way in its use or modifications to the submission, whether for commercial purposes or not, of the User Content. In certain circumstances HeroGrown™ may also share your contribution with trusted third parties. You are also granting us a non-exclusive, transferable, sub-licensable, royalty-free, fully paid up, worldwide license (but not the obligation) to use your name, likeness, personality, voice, or any other materials or information you provide to HeroGrown™ in connection with your content.
HeroGrown™ is not and shall not be under any obligation (1) to maintain any User Content in confidence; (2) to pay you any compensation for any User Content; (3) to credit or acknowledge you for User Content; or (4) to respond to any User Content.
You understand and agree that it is your obligation to make sure the User Content you submit to the Site must not violate the rights of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You also understand and agree that User Content you submit to the Site must not be and will not contain libelous or otherwise unlawful, abusive, obscene, or otherwise objectionable material in HeroGrown’s sole discretion. For example, and without limitation, you may not post violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive photos or other content via the Site or other websites such as Facebook or Instagram that may interact with this Site.
You are and shall remain solely responsible for any User Content you submit on the Site. You agree that HeroGrown™ may use and/or disclose information about your demographics and use of the Site in any manner that does not reveal your identity.
By participating in Site sweepstakes, contests, promotions, and/or requesting promotional information or product updates, you agree that HeroGrown™ may use your information for marketing and promotional purposes.
When you publish content or information using the “Public” setting, it means that you are allowing everyone, including other Website users, to access and use that information, and to associate it with you (i.e. your name and profile picture). We advise that you never reveal any personal information about yourself or anyone else (telephone number, home address, business address, delivery address or email address or any other details that would allow you to be personally identified).
If you do not want to grant HeroGrown™ the permission set out above on these terms, please do not submit User Content.

OUR COMMUNICATIONS TO YOU
You agree that HeroGrown™ may send electronic mail to you for the purpose of advising you of changes or additions to this Site, about any of HeroGrown’s products or services, or for such other purpose(s) as HeroGrown™ deems appropriate.

CONTESTS/PROMOTIONS
Any contests or promotions described or posted on this Site shall be governed by the rules regulating such event.

PRODUCT INFORMATION
Most HeroGrown™ products displayed at the Site are available in select HeroGrown™ stores while supplies last. In some cases, merchandise displayed for sale at the Site may not be available in HeroGrown™ stores. The prices displayed at the Site are quoted in U.S. Dollars and are valid and effective only in the United States.

LINKS TO OTHER WEB SITES AND SERVICES
To the extent that this Site contains links to outside services and resources, the availability and content of which HeroGrown™ does not control, any concerns regarding any such service or resource, or any link included on the Site, should be directed to the particular outside service or resource. HeroGrown™ has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services.

WARRANTIES; DISCLAIMER
SOME JURISDICTIONS MAY NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES. TO THE EXTENT APPLICABLE LOCAL LAW SPECIFICALLY AND EXPRESSLY PROHIBITS SUCH EXCLUSIONS, THOSE SUCH EXCLUSIONS SET FORTH BELOW MAY NOT APPLY TO YOU.

THIS SITE AND ALL CONTENTS OF THE SITE ARE PROVIDED ON AN ‘AS IS’ BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, NONINFRINGEMENT, IMPLIED WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF OUR SITE, AND THAT HEROGROWN™ SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS SITE.

INACCURACY DISCLAIMER
From time to time there may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions or availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice.

NO LIABILITY
SUBJECT TO APPLICABLE LAW, INCLUDING WITH RESPECT TO LIABILITY FOR PERSONAL INJURY OR NON-WAIVABLE STATUTORY RIGHTS UNDER NEW JERSEY LAW, IN NO EVENT SHALL HEROGROWN OR ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS OR AGENTS (A) BE LIABLE TO THE USER WITH RESPECT TO USE OF THE SITES, THE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITES (INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY A USER ON ANY INFORMATION OBTAINED FROM HEROGROWN™), OR ANY DAMAGES THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURES, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO HEROGROWN’S RECORDS, PROGRAMS OR SERVICES; AND (B) BE LIABLE TO THE USER FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, LOST PROFITS, LOSS, THEFT OR CORRUPTION OF USER INFORMATION, OR THE INABILITY TO USE THE SITES OR ANY OF THEIR FEATURES. THE USER’S SOLE REMEDY IS TO CEASE USE OF THE SITES.

INDEMNIFICATION
You (and also any third party for whom you operate an account or activity on the Site or any other third party platform such as social media that may interact with the Site) agree to defend (at HeroGrown’s request), indemnify and hold HeroGrown™ harmless from and against any and all claims, damages, costs and expenses, including reasonable attorneys’ fees and costs, arising out of or in any way connected with any of the following (including as a result of your direct activities on the Site or those conducted on your behalf): (i) your Content or your access to or use of the Site; (ii) your breach or alleged breach of these Terms of Use; (iii) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or (v) any misrepresentation made by you. You will cooperate as fully required by HeroGrown™ in the defense of any claim. HeroGrown™ reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of HeroGrown™.

GOVERNING LAW & VENUE
These Terms of Use are governed by and construed in accordance with the laws of the State of Nevada, without giving effect to any principles of conflicts of law AND WILL SPECIFICALLY NOT BE GOVERNED BY THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF OTHERWISE APPLICABLE. You agree to resolve any dispute you have with HeroGrown™ exclusively in a state or federal court located in Las Vegas, Nevada, and to submit to the personal jurisdiction of the courts located in Clark County for the purpose of litigating all such disputes.

If any provision of these Terms of Use is held to be unlawful, void, or for any reason unenforceable during arbitration or by a court of competent jurisdiction, then that provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of any remaining provisions. HeroGrown’s failure to insist upon or enforce strict performance of any provision of these Terms will not be construed as a waiver of any provision or right. No waiver of any of these Terms will be deemed a further or continuing waiver of such term or condition or any other term or condition. HeroGrown™ reserves the right to change this dispute resolution provision, but any such changes will not apply to disputes arising before the effective date of the amendment. This dispute resolution provision will survive the termination of any or all of your transactions with HeroGrown™.

TERMINATION
The Terms are effective unless and until terminated by either you or HeroGrown™. You may terminate the Terms at any time. HeroGrown™ also may terminate or suspend access to this Site at any time and may do so immediately without notice, if in HeroGrown’s sole discretion you fail to comply with any term or provision of these Terms. Upon any termination of the Terms by either you or HeroGrown™, you must promptly destroy all materials, downloaded or otherwise, obtained from this Site, as well as all copies of such materials, whether made under the terms of this these Terms or otherwise.

TRADEMARKS
Grow for Vets™ and HeroGrown™ are a trademarks, service marks, and/or trade names of HGC MEDIA LLC and is used under licensed by HeroGrown™ Foundation. All other trademarks, service marks, and trade names contained in the Site are the properties of the respective owners. HeroGrown™ disclaims any proprietary interest in trademarks, service marks and trade names other than its own. No use of these marks may be made without the prior written authorization of HeroGrown™, except as necessary to accurately identify the products or services of HeroGrown™.

HEROGROWN.org COMMUNITY TERMS OF USE
Although the administrators and moderators of this site will attempt to keep all objectionable messages off this site, it is impossible for us to review all messages. All messages express the views of the author, and the owners of this site, its employees, sponsors, affiliates will be held responsible for the content of any message. No commercial, classifieds,  posts of any kind.

By visiting this website and/or posting on the HeroGrown Community, you warrant that you will not post any messages that are obscene, vulgar, sexually-oriented, hateful, threatening, or otherwise violative of any laws.

The owners of this site reserve the right to remove, edit, move or close any content item for any reason.

HEROGROWN DISCOUNT NETWORK

The HeroGrown Discount Network contains listings of contact information and links to third-party companies. Listings do not imply any affiliation or endorsement by HeroGrown of such companies or the content, products, or services available therefrom. You acknowledge sole responsibility for and assume all risk arising from your association with and use of third-party products or services.

EVENT PARTICIPATION TERMS & CONDITIONS

IMPORTANT DRUG SCREENING NOTICE: If you are subject to any form of drug testing or screening, we recommend that you DO-NOT ingest THC or CBD products. Prior to consuming these products consult with your healthcare practitioner, drug screening testing company or employer.

NOTICE: The products and information received from HeroGrown Foundation (“HeroGrown”) are not intended to replace professional medical advice or treatment. These statements have not been evaluated by the Food and Drug Administration (FDA). Dietary supplements are not intended to diagnose, treat, cure or prevent any disease or medical condition. Individual results may vary. Do not make medical decisions without first consulting your personal physician or health care practitioner. You should always consult with your Healthcare Professional before using any medication or nutritional, herbal or homeopathic product, before starting any diet or exercise program or before adopting any treatment for a health problem. Each person is different, and the way you react to a particular product may be significantly different from the way other people react to such product. You should also consult your Healthcare Professional regarding any interactions between any medication you are currently taking and nutritional supplements. You are advised to research CBD, hemp, and/or cannabis (“Cannabis Items”) as a health supplement, and consult with your doctor as to dosage and frequency of use.

As a condition of my membership in HeroGrown Foundation and participation in HeroGrown events, you hereby declare under the penalty of perjury under the laws of the state in which this Agreement is executed that all of the following are true:
You are an adult over the age of 21.
You hereby verify that any Cannabis Items you receive from HeroGrown shall not be shared, sold, bartered, traded, exchanged or delivered by any means to any other person for medical or other reasons; except as provided by law in the state in which such activity takes place.
You understand that although the Cannabis Items have been independently tested for purity, the cannabis/hemp plant is not regulated by the United States Food and Drug Administration and therefore may contain unknown quantities of active ingredients, impurities and/or contaminants. In requesting an approval or recommendation for the use of this plant as medication you assume full responsibility for any and all risks of this action.
You agree to indemnify and hold HeroGrown Foundation, its subsidiaries, sponsors, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, or claim, including attorney’s fees, arising out of your association with HeroGrown and/or use of Cannabis Items received from HeroGrown. As a condition of joining HeroGrown, you, your heirs and those with you expressly and forever disclaim the warranty of merchantability and the warranty of fitness for a particular purpose. You expressly and forever release HeroGrown and any person or entity assisting HeroGrown, without limitation, from and against any and all lawsuits, alter-ego lawsuits, demands, charges or claims relating to any Cannabis Items and/or related products you may obtain from HeroGrown, including but limited to issues arising from the strength, potency, purity, toxicity, and/or appropriateness for your condition. Further, as a condition of requesting and/or receiving assistance from HeroGrown, and/or by accepting and/or utilizing such Cannabis Items and/or related products as you may obtain, you, your heirs and those with you expressly and forever waive any and all claims now known, or discovered at any time in the future due to, related to or arising from your possession, use, storage, cultivation, acquisition or handling of Cannabis Items or any product/herb/food/oil/concentrate you may obtain from HeroGrown. You agree that these waivers shall be binding on your heirs, successors and assigns.
You understand and agree that adherence to the rules of HeroGrown is your responsibility and agree that any violation of the terms of this Agreement or any other HeroGrown member rules are grounds for the immediate termination of your membership.
You agree to KEEP ALL PRODUCTS RECEIVED FROM HEROGROWN FAR AWAY FROM PETS, CHILDREN, OR ANYONE ELSE AND UNDER LOCK AND KEY. ANY DEVIATION FROM THIS RULE IS DONE AT THE SOLE RISK AND RESPONSIBILITY OF THE MEMBER.
You understand that any possession, cultivation or acquisition of Cannabis Items may be considered unlawful under federal law. You agree to assume all risks personally and forever discharge and hold harmless HeroGrown for any liability associated with your actions.
The use of Cannabis Items may result in physical and emotional side effects and these products may impair a person’s ability to drive a vehicle or operate machinery. You agree to wait at least 4-6 hours after consuming Cannabis Items to drive or operate machinery.
You expressly agree that exclusive jurisdiction for any dispute with HeroGrown resides in the courts of the State of Nevada and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Nevada in connection with any such dispute including any claim involving HeroGrown or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.