Please review the following terms and conditions (“Terms of Use”) that govern your use of our website and purchase transactions (collectively, “Use”). Your use of our website constitutes your agreement to follow and be bound by the Terms of Use.
These Terms of Use include a class action waiver and require binding arbitration on an individual basis to resolve disputes. Details are described below.
Website Content
Unless otherwise noted, the design of this website, the entire website, and all materials comprising this website (collectively, “Content”) are copyrighted, trademarked, trade dress, or other intellectual property owned, controlled, or licensed by Spoongrove.com or its subsidiaries and affiliates. The use of any Content without the explicit written consent of Spoongrove.com is strictly prohibited.
Pricing
While the information on this website has been checked for accuracy, errors and omissions may occur occasionally, and we will correct them. If there is incorrect pricing on the website, we will issue a full refund to the customer.
Comments, Feedback, and Other Submissions
We welcome your comments and feedback regarding our website, products, and services. However, we do not accept confidential or proprietary information. Therefore, all comments, feedback, ideas, suggestions, materials, information, and other submissions disclosed, submitted, or offered to Spoongrove.com via this website or otherwise (collectively, “Comments”) are not confidential and will become the property of Spoongrove.com. The disclosure, submission, or offer of any Comments constitutes an assignment to Spoongrove.com of all worldwide rights, title, interests, and goodwill in the Comments without the payment of any compensation. Any Comments you submit must not violate any rights of any third party and must not contain any defamatory, abusive, obscene, or otherwise unlawful material.
Content is for your personal, non-commercial use only. Any such reproduction does not grant or transfer any rights, title, or interest in any Content. Except as noted above, you may not reproduce, publish, transmit, distribute, display, modify, create derivative works, sell, or participate in any sale or exploit in any way any of the Content or the website. Unauthorized use of the Content is expressly prohibited by law and may result in severe civil and criminal penalties.
Disclaimers, Limitation of Liability, and Indemnity
Except as otherwise expressly provided, this site, all contents, and all products and services are provided on an “as is” basis. Spoongrove.com disclaims all warranties of any kind, either express or implied, including without limitation, implied warranties of merchantability and fitness for a particular purpose. Spoongrove.com does not warrant that your use of this site will be uninterrupted or error-free, or that this site or its server are free of viruses or other harmful elements. Although Spoongrove.com endeavors to provide accurate information, it does not warrant or make any representations regarding the accuracy or reliability of information on this site. Your use of the site is at your own risk. Neither Spoongrove.com nor its affiliated or related entities or its vendors or content providers shall be liable to any person or entity for any direct or indirect loss, damage (whether actual, consequential, punitive, special or otherwise), injury, claim, or liability of any kind or character whatsoever based upon or resulting from your use or inability to use this site, or any information or materials provided on the site. Spoongrove.com is not liable for any defamatory, offensive, or illegal conduct of any user. If you are dissatisfied with the site or any materials on the site, or with any of Spoongrove.com’s terms of use, your sole and exclusive remedy is to discontinue using the site. You agree to indemnify, defend, and hold harmless Spoongrove.com, its shareholders, officers, directors, employees, agents, distributors, vendors, and affiliates from and against any and all third-party claims, demands, liabilities, costs or expenses, including reasonable attorneys’ fees, resulting or arising out of your breach of any of these terms of use. Certain provisions of the foregoing paragraph may not apply to consumers within the state of New Jersey or in other jurisdictions where prohibited by law.
Disputes
Our customer service specialists are ready to assist you and address your concerns—email [email protected] or call +1(617)983-2710, 24 hours a day. If you have any questions or concerns regarding how Spoongrove.com manages, accesses, or uses your personal information, please write us at 319-329 Centre St, Ste 3, Boston, MA 02130, United States, email us at [email protected], or call +1(617)983-2710.
If our customer service team cannot resolve your issue, by using this website, you unconditionally agree that any claim relating to your access or use of this website, including any disputes arising from the purchase of any products or services through this website, will be resolved entirely by binding individual arbitration rather than in court. You may bring claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement. These Terms of Use do not apply to any claims or disputes regarding the use of your Spoongrove.com credit card; such claims or disputes will be governed by the terms and conditions of your Spoongrove.com credit card.
Note: Arbitration does not involve a judge or jury, and class actions are not permitted. Court review of arbitration awards is limited. However, an arbitrator can award the same damages and relief as a court on an individual basis, including injunctive and declaratory relief or statutory damages, and must follow these Terms of Use as a court would.
We both agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. If for any reason a claim proceeds in court rather than in arbitration, we both waive any right to a jury trial or to participate in a class action against the other. We both also agree that we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
This section limits certain rights, including the right to maintain a court action, the right to a jury trial, the right to participate in any form of class or representative claim, the right to engage in discovery except as provided in AAA or JAMS rules, and the right to certain remedies and forms of relief. Other rights you or Spoongrove.com would have in court may not be available in arbitration.
Applicable Law
The Federal Arbitration Act, applicable federal laws, and the laws of the state of California, USA, govern the interpretation and construction of these Terms of Use and any disputes arising out of or relating to your use of this website (including any purchases made on this website) without regard to principles of conflict of laws, subject to the Federal Arbitration Act and other federal laws regarding the arbitrability of claims. You agree that all matters relating to your access to or use of this website, including all disputes, will be governed by the laws of the United States and the state of California.
Links to Other Websites and Services
This website may contain links to other internet sites maintained by third parties (“Linked Sites”). Spoongrove.com provides Linked Sites to you solely for your convenience, and the inclusion of Linked Sites does not imply endorsement by Spoongrove.com. You access Linked Sites at your own risk, and by accessing them, you leave the Spoongrove.com website. Linked Sites are not under the control of Spoongrove.com, and Spoongrove.com is not responsible for the content of any Linked Site.
Google Maps Privacy and Terms of Service
Your use of the maps functionality on this website is governed by the Google Maps Terms of Service and the Google Privacy Policy. Google reserves the right to change the Google Terms of Service and Privacy Policy at any time. For more information, please refer to the Google Maps Terms of Service and the Google Privacy Policy.
Product Availability
Due to inventory issues, we cannot guarantee the availability of products on the website. If a product is unavailable at the time of your order, we will notify you by email. You can verify product availability at any time by calling our customer service hotline at +1(617)983-2710. You will receive a shipping confirmation email once your order has been dispatched.