Site Use Terms and Conditions

Site Use Terms & Conditions


These Site Use Terms and Conditions (the “Site Terms”) govern your access to and use of http://www.myblossom.com (the “Site”), including all Content (defined below) provided by or through The Scotts Company LLC (“Scotts”) or its affiliates on or through the Site. Please read the Site Terms carefully. By accessing or using the Site, you accept and agree to be bound by the Site Terms. If you do not agree to these Site Terms, please do not use the Site. The Site is offered and available to users who are 18 years of age or older, and reside in the United States or any of its territories or possessions. By using the Site, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site.

Modifications

Scotts reserves the right to revise and update the Site Terms at any time and at its sole discretion. All changes are effective immediately upon posting, and apply to all access to and use of the Site thereafter. The most current version of the Site Terms will supersede all previous versions. Your continued use of the Site following posting of revised Site Terms means that you accept and agree to the changes.

Access to the Site

Scotts reserves the right to withdraw or amend the Site, and any service or Content provided on the Site. Scotts will not be liable if for any reason all or any part of the Site is unavailable at any time for any reason. Scotts reserves the right to deny or restrict access to all or part of the Site to anyone at any time for any reason. Scotts may terminate, suspend or discontinue any aspect of the Site at any time, without notice or liability.

Limited License

The Site, including, but not limited to, all information, software or HTML code, scripts, text, artwork, photography, images, video, and audio, and the design, selection and arrangement thereof and all intellectual property associated with the foregoing (collectively, the “Content”) are the sole property of Scotts, its affiliates or licensors, and are protected by United States and international copyright, trademark, patent and other intellectual property or proprietary rights laws. All Content is provided as a service to users of the Site. Subject to the limited license set forth below, nothing contained in these Site Terms shall be construed as conferring any right, title or interest in the Content. Upon your acceptance of these Site Terms, Scotts grants you a limited, non-transferable, non-sublicensable, non-exclusive revocable license to access and use the Content in the United States for your personal, non-commercial use only. This license is subject to the following restrictions: (i) you may not copy, publish, distribute, perform, display, post, modify, create derivative works from, sell, license, reverse engineer or otherwise exploit the Site or any Content without the prior written permission of Scotts; (ii) you may not permit any copying of the Content; and (iii) you may not remove or alter any copyright, trademark or other proprietary rights notices from copies of the Content from the Site. Any unauthorized copying, alteration, distribution, transmission, performance or display of the Content is prohibited. Scotts may revoke this limited license at any time for any or no reason. All rights not expressly granted are reserved by Scotts. You may not use any hardware or software intended to damage or interfere with the proper working of the Site or to surreptitiously intercept any system, data or personal information from the Site. You agree not to interrupt the operation of the Site in any way. You agree not to take any action that violates these Site Terms or otherwise restricts or limits any other person’s ability to use or enjoy the Site or the Content, as determined by Scotts in its sole discretion.

Marks

All trademarks, trade names, brand names, logos and images, service marks and trade dress displayed on the Site (collectively, “Marks”) are the property of Scotts or its affiliates or licensors. Scotts, and its affiliates and licensors retain all rights regarding their respective Marks. Nothing contained in these Site Terms shall be construed as conferring any license to the use of any Marks. You are not permitted to use any Mark without the prior written consent of Scotts.

Special Notice

The use of the Site address, Scotts’ trademarks or names in metatag keywords is trademark infringement, and the use of trademarks or names in page text, metatags, and/or hidden text for purposes of gaining higher ranking from search engines is unfair competition, all of which are prohibited.

Linking to Other Websites

The Site may provide links to one or more websites or resources that are not under the control of, or maintained by, Scotts (“Third Party Sites”), including links contained in advertisements, such as banner advertisements and sponsored links. These links are provided as a convenience to you and as an additional avenue of access to the information contained therein. The inclusion of links to Third Party Sites are not, and should not be viewed, as an endorsement by Scotts of the Third Party Site or any content therein. Scotts has no control over the content of Third Party Sites, and accepts no responsibility for them or for any loss or damage that may arise from your use of them, and hereby disclaims all liability related to them. If you decide to access any of the Third Party Sites linked to the Site, you do so entirely at your own risk and subject to the terms and conditions of use for such Third Party Sites.

Linking to Social Media Features

The Site may provide certain social media features that enable you to link from your own or certain third-party websites to certain content on the Site, send e-mails or other communications with certain content, or links to certain content, on the Site, and/or cause limited portions of content on the Site to be displayed or appear to be displayed on your own or certain third-party websites. You may use these features solely as they are provided by Scotts and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions Scotts provides with respect to such features. The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the standards for content set out in these Site Terms. You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. Scotts reserves the right to withdraw linking permission without notice. Scotts may disable all or any social media features and any links at any time without notice in its discretion.

Material You Submit

You acknowledge that you are responsible for any material, data, information or other content you may submit or post to the Site (including any components of the Site administered by third parties, such as tools that allow you to interact with the Site through Facebook and other social media platforms) (collectively, “Submissions,” each, a “Submission”), including the legality, reliability, appropriateness, originality, copyright, and right to grant a license to use any such material. You must not upload to, distribute, or otherwise publish through the Site anything that (i) is confidential, proprietary, false, libelous, defamatory, fraudulent, obscene, or threatening; infringing or misappropriating of third parties’ intellectual property rights, including but not limited to trademark, copyright, or patent rights, right of publicity, right of privacy, trade secret, or other proprietary rights; or harassing, abusive, illegal or otherwise objectionable, (ii) may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any applicable law, statute, ordinance or regulation, or (iii) may contain software viruses, spyware, Trojan horses, or similarly harmful software code, political campaigning, chain letters, mass mailings, commercial advertising, or any form of “spam.” You may not use any device, software or technique to interfere with or attempt to interfere with the proper working of the Site. You may not use a false e-mail address or other identifying information, impersonate any person or entity, or otherwise mislead as to the source or origin of any content. You may not upload commercial content onto the Site. Other than personal information which is subject to the Privacy Policy all Submissions, including but not limited to comments, feedback, suggestions, ideas, original materials such as stories, artwork, computer code, and product and marketing ideas and any other Submissions disclosed, submitted or offered to Scotts or its affiliates on or through the Site or otherwise disclosed, submitted or offered by you to Scotts or its affiliates shall be and remain the property of Scotts or its affiliates. Such Submission or offer of any Submission and your acceptance of these Site Terms shall constitute an assignment to Scotts of all worldwide rights, title and interests in and to all copyrights and other intellectual property rights in the Submissions. As such, Scotts will own exclusively all such rights, title and interests and shall have the right to use, reproduce, create derivative works based upon, disclose, publish, distribute, display and publicly perform, any Submission and not be limited in any way in its use, commercial or otherwise, of any Submission. Further, Scotts shall be under no obligation to review the content of any submission, maintain any Submission in confidence, pay to you any compensation or royalties for any Submission, or provide attribution to you for any Submission. Scotts shall have no obligation to use, return, or review any Submission. For this reason, Scotts asks that you not send us any Submission that you do not wish to assign to us. You represent and warrant that you have the full right, power and authority to enter into, perform and comply with these Site Terms, and have secured all third party consents, licenses, waivers, and permissions necessary to enter into, perform and comply with these Site Terms, including, without limitation, waivers of rights of privacy, publicity and personality from any third parties whose names, likenesses, photographs, portrayals, or actual or imitated voices are depicted in the Submissions; that the Submissions are true, accurate, current and complete; that use of the Submissions does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Scotts and its affiliates for all claims resulting from all Submissions. For the protection of all visitors to the Site, Scotts reserves the right to review all Submissions, and to edit or delete, in whole or in part, any comment, photograph or other Submission; provided, however, that Scotts is not obligated to do any of the foregoing. Scotts reserves the right to take any action it reasonably deems necessary to cure or prevent a violation of the Site Terms, including without limitation, removal from the Site of any Submission; provided, however, that a failure by Scotts to take any such action shall not be deemed a waiver of any such right.

Privacy

For details about Scotts’ privacy practices, please see our Privacy Policy.

Limitation of Liability

IN NO EVENT WILL SCOTTS, ITS AFFILIATES OR ITS OR THEIR RESPECTIVE LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES (WHETHER DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHERWISE) ARISING OUT OF OR IN ANY WAY CONNECTED WITH THESE SITE TERMS OR THE USE OF OR INABILITY TO USE THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, OR SERVICES OBTAINED THROUGH OR OTHERWISE IN CONNECTION WITH THE SITE OR OTHER WEBSITES, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER THEORIES OF LIABILITY, EVEN IF FORESEEABLE (COLLECTIVELY, THE “EXCLUDED DAMAGES”). In certain jurisdictions, some liabilities cannot be excluded or limited under applicable law. In such jurisdictions, the foregoing limitation of liability may not apply to you. If Scotts cannot lawfully disclaim liability to you under this Limitation of Liability, Scotts will be liable to you, in the aggregate for all claims arising hereunder, for liquidated damages of $10.00. In such event, you acknowledge and agree that the Excluded Damages for all claims arising hereunder cannot be calculated with reasonable certainty. You further agree that $10.00 represents (i) a reasonable approximation of the Excluded Damages that you will suffer for all claims arising hereunder and that such liquidated damages do not constitute a penalty, and (ii) the exclusive remedy to you for Excluded Damages in connection with all claims arising hereunder. The limitations in this paragraph will apply even if any other remedy available to you fails of its essential purpose.

Disclaimer of Warranty

The Site and related services and features are provided to you “AS IS” and “AS AVAILABLE.” SCOTTS MAKES NO REPRESENTATIONS, COVENANTS OR WARRANTIES AND OFFERS NO CONDITIONS, EXPRESS OR IMPLIED, REGARDING ANY MATTER, INCLUDING BUT NOT LIMITED TO, (I) MERCHANTABILITY, SUITABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, NON-INFRINGEMENT OR RESULTS TO BE DERIVED FROM THE USE OF THE SITE, OR ANY DATA, CONTENT, SERVICE, SOFTWARE, HARDWARE, DELIVERABLE, OR OTHER MATERIALS RELATED TO THE SITE, OR THE AVAILABILITY OF ANY OF THE FOREGOING; (II) WHETHER THE CONTENT IS TRUE, COMPLETE, ACCURATE, NON-MISLEADING OR TIMELY; OR (III) THE ABSENCE OF ANY VIRUSES OR OTHER HARMFUL CODE IN THE SITE OR ITS CONTENT. FURTHER, SCOTTS DOES NOT REPRESENT, COVENANT OR WARRANT THAT ACCESS TO OR SERVICES PROVIDED BY THE SITE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimer may not apply to you. YOU HEREBY AGREE THAT USE OF THE SITE, THE CONTENT, AND RELATED SERVICES IS AT YOUR OWN RISK.

Indemnification

You agree to indemnify and hold harmless Scotts, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, agents, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, fines, penalties, or fees (including reasonable attorneys? fees) arising out of or relating to your violation of these Site Terms or use of the Site, including, but not limited to: (i) any use of the Content other than as expressly authorized in these Site Terms or your use of any information obtained from the Site; and (ii) all claims arising from your fraud, intentional misconduct, criminal acts or gross negligence. If you cause a technical disruption of the Site or the systems transmitting the Site to you or others, you agree to be responsible for any claims, liabilities, damages, judgments, awards, losses, costs, expenses, fines, penalties, or fees (including reasonable attorneys? fees), arising or resulting from that disruption.

Geographic Restrictions

Scotts operates the Site from its offices within the State of Ohio and makes no representations as to the use of the Site outside the United States or compliance of the Site or its Site Use Terms with any applicable law. Scotts makes no claims that the Site or its Content is legal for use outside the United States. If the Site is accessed outside the United States, you hereby acknowledge doing so on your own initiative, and are responsible for compliance with local laws.

Copyright Agent

If you believe the Content on the Site infringes upon your copyright rights, please forward the following information to the Copyright Agent, identified below:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the location where the original or an authorized copy of the copyrighted work exists, for example the URL of the website where it is posted or the name of the book in which it has been published;
  • Identification of the material that is claimed to be infringing and a description of the infringing activity and information reasonably sufficient to permit Scotts to locate the material;
  • Information reasonably sufficient to permit Scotts to contact you, such as an address, telephone number, and if available, an email address;
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The Copyright Agent for notice of copyright infringement on the Site and mailing address is as follows: Attn: General Counsel, The Scotts Company, 14111 Scottslawn Road, Marysville, Ohio 43041. You acknowledge that if you fail to comply with all the above requirements, your notice may not be valid.

Waiver and Severability

No waiver by Scotts of any term or condition set forth in these Site Terms shall constitute a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Scotts to assert a right or provision under these Site Terms shall not constitute a waiver of such right or provision. If any provision of these Site Terms is held to be invalid, void, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remainder of the provisions will continue in full force and effect.

Governing Law and Jurisdiction

These Site Terms are governed by the laws of the State of Ohio without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction. For all disputes not otherwise subject to arbitration in accordance with these Terms, you agree to submit to the exclusive personal jurisdiction of the state and federal courts in or for Franklin County, Ohio, for the purpose of litigating all such claims or disputes, which courts shall also be the exclusive venue for the litigation such claims and disputes.

Remedies

At its option, Scotts may seek all remedies available to it in these Site Terms, under law and in equity, including injunctive relief in the form of specific performance to enforce these Site Terms and any additional instructions, guidelines or policies issued by Scotts (including those posted on the Site).

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE SITE TERMS, THE SITE (INCLUDING ANY SERVICES PROVIDED ON THE SITE), OR THE CONTENT MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Dispute Resolution

PLEASE READ THIS SECTION CAREFULLY. YOU AGREE THAT WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS OR REPRESENTATIVE ACTION. FOLLOW THE INSTRUCTIONS BELOW IF YOU WISH TO OPT OUT OF THE REQUIREMENT OF ARBITRATION ON AN INDIVIDUAL BASIS. You and Scotts agree to resolve any claim, dispute, action, cause of action, issue, or request for relief arising out of or relating to these Site Terms exclusively by binding arbitration. Further, you agree arbitration is final and binding, and subject to only very limited review by a court. You also waive your right to any form of appeal, review or recourse to any court or other judicial authority, to the fullest extent allowed by law. This provision is intended to be interpreted broadly to encompass all disputes or claims arising out of or relating to these Site Terms. Any dispute or claim made by you against Scotts or vice versa arising out of or relating to these Site Terms (whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory) will be resolved by binding arbitration, except that you may take claims to small claims court if they qualify for hearing by such a court. You must first present any claim or dispute to us by contacting Scotts to allow us an opportunity to resolve the dispute. You may request arbitration if your claim or dispute cannot be resolved within sixty (60) days after presenting the claim or dispute to Scotts. Scotts may request arbitration against you at any time after it has notified you of a claim or dispute. The arbitration of any dispute or claim shall be conducted in accordance with the then current and applicable rules of the American Arbitration Association as modified by these Site Terms. The place of any arbitration shall be exclusively Franklin County, Ohio, USA, and shall be conducted in the English language. Claims will be heard by a single arbitrator. The arbitrator may not award relief in excess of or contrary to what this agreement provides, order consolidation or arbitration on a class wide or representative basis, award punitive or consequential damages or any other damages aside from the prevailing party’s actual damages, or order injunctive or declaratory relief, except that the arbitrator may award on an individual basis damages required by statute and may order injunctive or declaratory relief pursuant to an applicable consumer protection statute. Any arbitration shall be confidential, and neither you, nor Scotts nor the arbitrator may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement or appeal of the arbitration award. Judgment on any arbitration award may be entered in any court having proper jurisdiction. If any portion of this arbitration clause is determined by a court to be inapplicable or invalid, then the remainder shall still be given full force and effect. There shall be no right or authority for any claims subject to the arbitration clause to be arbitrated on a class action or consolidated basis or on bases involving claims brought in a purported representative capacity on behalf of the general public (including, but not limited to, as a private attorney general). Scotts will pay all administrative fees and expenses for any arbitration that Scotts initiates. All other arbitration will be divided equally between you and Scotts according to rules of the American Arbitration Association. Each party will bear the expense of its own counsel, experts, witnesses and preparation and presentation of evidence at the arbitration hearing. You must contact Scotts within one (1) year of the date of the occurrence of the event or facts giving rise to a dispute, or you waive the right to pursue any claim based upon such event, facts, or dispute. If you do not wish to be bound by arbitration and waive your rights to participate in a class-action, you must notify Scotts in writing within thirty (30) days of the date that you use the Site and include: (i) your name, (ii) your Blossom account number, (iii) your mailing address, and (iv) a statement that you do not wish to resolve disputes with Scotts through arbitration. You must send your notice to: The Scotts Company LLC, 14111 Scottslawn Road, Marysville, Ohio 43040, Attn: Consumer Services. If you do not notify Scotts, you agree to be bound by the arbitration and class-action waiver provisions of these Site Terms. This section does not apply to actions for injunctive or other equitable relief to protect confidential information and intellectual property rights or to prevent loss of data or damage to Scotts’ servers in any court of competent jurisdiction.

Entire Agreement; Other Terms

Scotts offers certain smart watering controllers and related products (collectively, the “Products”) and provides (1) the Site, (2) certain applications accessible through the Site, including certain applications accessible through a user account (collectively, the “Web Apps”), (3) mobile application software that may be downloaded to your smartphone, tablet, or other supported device, and any updates to such software (collectively, the “Mobile Apps”), (4) other software embedded in certain Products, and any updates to such software (collectively, the “Firmware”), and (5) certain services accessible through the Site, Web Apps, Mobile Apps, and Firmware (collectively, the “Blossom Cloud”), all the foregoing for use in conjunction with the Products (collectively, the “Blossom Services”). In addition to these Site Terms, the use of the Products and the Blossom Services are also subject to the following other terms: (i) the Blossom Services (including this Site) are subject to the terms of service posted on the Site (the “Terms of Service”), (ii) the Firmware is subject to the end user license agreement posted on the Site (the “EULA”); (ii) the Mobile Apps are subject to the terms and conditions of the applicable App Market and/or included within the Mobile App (the “Mobile Terms”); (iii) the Products and the Blossom Services may be subject to additional guidelines, terms, conditions, rules, notices, policies, or statements that may be posted by Scotts on the Site, or through the Web Apps, Mobile Apps, or other part of the Blossom Services, from time to time (the “Supplemental Terms”). The purchase of the Products are subject to the terms of sale (the “Terms of Sale”) and the limited warranty (the “Limited Warranty”) provided with the respective Products and/or posted on the Site. Scotts collects and uses your information as described in its privacy policy as posted on the Site (the “Privacy Policy”).

Published 2017-02-20