Terms and Conditions

Agreement between User and www.growerstock.com

Welcome to www.growerstock.com. The www.growerstock.com web and mobile application, (collectively, the "Service") is comprised of various web pages operated by Growerstock Inc. ("Growerstock"). www.growerstock.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). You must not use the Service if you do not agree to these terms, and your use of the Service means that you have read, understand and agree to be bound by these terms. This Agreement applies to all users of the Service, including without limitation users who are vendors, customers, merchants, contributors of content, information and other materials or services.

If you accept or agree to these terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity

Description of Services

a.       The Service provides a platform that enables businesses and organizations (“Suppliers” or “Supplier”) to manage the sale of fresh produce. The Service enables Suppliers with fresh produce (“Produce Items”) to connect with organizations that are prepared to consume, resell or repurpose such Produce Items (“Buyers” or “Buyer”). Collectively, Suppliers and Buyers make up Growerstocks customer base (“Customers”). You may be a Supplier and/or Buyer in connection with your use of the Service and, in either case, you are a “Customer” as such term is used herein.

b.      Growerstock provides a platform for suppliers and buyers to connect. It is up to Customers to coordinate produce transportation for transactions scheduled through use of the Service. Growerstock offers information and a method to communicate with other Customers, but does not provide transportation services or act in any way as a coordinator or transporter of Produce Items or other goods. Growerstock has no responsibility or liability for the quality, timeliness, or reliability of Produce Items or the transportation coordinated between Customers.

c.       The Service enables Customers to provide ratings and feedback regarding other Customers (“Ratings”).

No Responsibility For Produce Items Or Transport

Unless stated otherwise, Growerstock does not take title, legal ownership, or interest in the Produce items in the exchange. The actual exchange of Produce Items occurs between the Supplier and Buyer according to pricing, terms and conditions established by Supplier and Buyer. Growerstock is not responsible for insuring any Customer or for the quality, safety, or legality of any aspect of the Produce Items listed, the truth or accuracy of listings of Produce Items, or the ability of Suppliers to provide Produce Items or the ability of Buyers to receive Produce Items.

Purchase Conditions

When buying a Produce Item, you agree to the minimum performance standards for buyers and that:

a.     You agree that all PACA rules and regulations apply.

b.     You agree, unless otherwise stated; All sales are FOB No Grade Contracts, Good Delivery Standards applying.

c.     You agree the perishable agricultural commodities listed on your invoice are sold subject to the statutory trust authorized by Section 5(c) of the Perishable Agricultural Commodities Act, 1930 (7 USC 499(e)(c)). The seller of these commodities retains a trust claim over these commodities, all inventories of food or other products derived from these commodities, and any receivables or proceeds from the sale of these commodities until full payment is received.

d.     You agree and consent to conduct transactions electronically and to electronically receive disclosures and notices relative to the accounts you have with us online. 

e.     You are responsible for reading the full item listing before making a bid or commitment to buy.

f.      You enter into a legally binding contract to purchase an item when you issue a Purchase order for a Produce Item to a supplier. A purchase order is issued when you accept an offer from a supplier, or if your counter-offer for a Produce Item is accepted by a supplier.

g.     We do not transfer legal ownership of items from the seller to the buyer.

h.     You agree the invoice date is established when the supplier ships.

i.      You agree net term clock starts at invoice date and the subsequent due date is calculated according to your subscription as registered in your accounts and settings page of your admin profile.

j.      You agree upon transaction completion, you are liable to the supplier for the purchase price. You agree a transaction is complete when: (1) You select the “accept” button on the purchase order, or (2) the transaction end date was reached without an open dispute constituting acceptance by performance. The transaction end-date is defined as exactly 10 days after the ship date.

k.     All invoices must be paid by the listed due date. If your payment method fails or your account is past due, the past due amount will be subject to annualized interest rate of 18%, accessed daily, or the maximum rate allowed by law.

l.      You agree to a minimum average star rating based on your city. We will alert you over time if your rating is approaching this limit, and you’ll also get information about quality improvement courses that may help you improve. However, if your average rating still falls below the minimum after multiple notifications, you will lose access to your account. We may allow you to regain access to your account if you can provide proof that you completed one of these quality improvement courses.

m.   You agree a minimum order completion rate in your city. We will alert you over time if your rating is approaching this limit, and you’ll also get information about quality improvement courses that may help you improve. However, if your average rating still falls below the minimum after multiple notifications, you will lose access to your account. We may allow you to regain access to your account if you can provide proof that you completed one of these quality improvement courses.

n.     You agree to procure and maintain in full force and effect, the following insurance policies: General Liability, Workers compensation, Automobile liability, and Umbrella/Excess liability.

o.     You agree to maintain a minimum credit worth estimate and trade practice rating. We will alert you over time if you fall below the minimum rating. However, if your average rating still falls below the minimum after multiple notifications, you will lose access to your account. We may allow you to regain access to your account when your ratings meet the minimum requirement.

Selling Conditions

When listing a Produce item, you agree to the minimum performance standards for Sellers and that:

a.     You agree that all PACA rules and regulations apply.

b.     You agree, unless otherwise stated; All sales are FOB No Grade Contracts, Good Delivery Standards applying.

c.     You agree and consent to conduct transactions electronically and to electronically receive disclosures and notices relative to the accounts you have with us online. 

d.     You are responsible for the accuracy and content of the Produce item offered.

e.     You are responsible for your pricing of the Produce item.

f.      Content that violates any of Growerstocks policies may be modified, obfuscated or deleted at Growerstocks discretion.

g.     We do not transfer legal ownership of items from the seller to the buyer.

h.     You authorize Growerstock Inc. to invoice the buyer, collect and remit on your behalf. The invoice date is established when you mark the order shipped.

i.      You agree upon transaction completion, the buyer is liable to you for the purchase price. You agree a transaction is complete when: (1) the buyer select the “accept” button on the purchase order, or (2) the transaction end date was reached without an open dispute constituting acceptance by performance. The transaction end-date is defined as exactly 10 days after the ship date.

j.      In the event a PACA claim to collect payment is required, you agree to assign interest to Growerstock Inc. to pursue the claim against the buyer for said invoice.

k.     We strive to create a Service where buyers find what they are looking for. Therefore, the appearance or placement of bids will depend on a variety of factors, including, but not limited to:

     i.     buyer's location, search query, browsing site, and history;

     ii.     Produce item's location, listing format, price and shipping cost, terms of service, end time, history, and relevance to the user query;

     iii.     seller's history, including listing practices, Detailed Seller Ratings, Growerstock policy compliance, Feedback; and

     iv.     number of listings matching the buyer's query.

l.      You agree a minimum average star rating based on your city. We will alert you over time if your rating is approaching this limit, and you’ll also get information about quality improvement courses that may help you improve. However, if your average rating still falls below the minimum after multiple notifications, you will lose access to your account. We may allow you to regain access to your account if you can provide proof that you completed one of these quality improvement courses.

m.   You agree to procure and maintain in full force and effect, the following insurance policies: General Liability, Workers compensation, Automobile liability, and Umbrella/Excess liability.

n.     You agree to maintain a minimum credit worth estimate and trade practice rating. We will alert you over time if you fall below the minimum rating. However, if your average rating still falls below the minimum after multiple notifications, you will lose access to your account. We may allow you to regain access to your account when your ratings meet the minimum requirement.

Executive Buyer Rewards

Executive buyers receive a 0.20% Reward on qualified purchases. Reward is capped at, and will not exceed $10,000 for any 12-month period. Only purchases made by the registered buyers on the primary account will apply toward the Reward. All users must be an active, and in good standing when the Reward is earned and issued to receive the Reward.

Reward is 0.20% of the purchase price (less late fees and any applicable taxes) of commodities purchased and paid for through the Growerstock service. The reward is calculated on a per transaction basis, and only earned at the time of payment. The reward accrues through the end of the calendar year, or until the cap of $10,000.00 has been realized.   

The the calculation of the total rewards (See Executive Rewards 0.20% Calculations Examples), the cap,  begins at the start of the calendar year and ends on the last day of the calendar year. 

exec reward.PNG

If, at any time, the primary account is suspended indefinitely or terminated, Reward issued or accrued will be forfeited. Growerstock reserves the right in its discretion to discontinue or change the 0.20% Reward program at any time, or to disqualify or cancel users participation.

Privacy

Your use of www.growerstock.com is subject to Growerstock's Privacy Policy. Please review our Privacy Policy, which also governs the Service and informs users of our data collection practices.

Electronic Communications

Visiting www.growerstock.com or sending emails to Growerstock constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

Registration
In order to access the Service, you must create a Growerstock account. You agree to provide accurate, current, and complete information to your account as may be required by Growerstock from time to time. You will be responsible for the use and maintenance of the confidentiality of your login credentials and password and shall not share your login credentials or password with anyone else. You agree not to use the account, login credentials, or password of another user at any time, disclose your password to anyone else, or impersonate any person or entity. You agree to exit from your account at the end of each session and to immediately notify Growerstock of any unauthorized use of your password or account. You are solely responsible for any and all use of your account and for any actions that take place using your account. Failure to provide accurate and timely account information may result in your account being closed and/or your access to content provided through your account being suspended, discontinued, or removed. Growerstock reserves the right to disallow use of a login credentials or account information that is deemed offensive or inappropriate. All suggestions and comments you provide become the intellectual property of Growerstock

Fees

a.       Growerstock may charge fees for the Service, as provided on the Website. Such fees may include a nonrecurring service initialization fee, a recurring monthly subscription fee per location and/or per user, and/or a service fee associated with a transaction. Charges may also be imposed for your failure to honor commitments made to other Customers through our Service. By continuing to access and use the Service after you are notified of such fees, you agree to be subject to these fees.

b.      If you are a seller, you are liable for transaction fees arising out of all sales made using some or all Growerstocks Service, even if sales terms are finalized or payment is made outside of Growerstock. In particular, if you offer or reference your contact information or ask a buyer for their contact information in the context of buying or selling outside of Growerstock, you may be liable to pay a final value fee applicable to that item, even if the item doesn’t sell, given your usage of Growerstock Service for the introduction to a buyer.

c.       If Growerstock terminates a request or your account, if you close your account, or if the payment of your Growerstock fees cannot be completed for any reason, you remain obligated to pay Growerstock for all unpaid fees. If your account is not paid in full and becomes past due, we may suspend your access to the Service and/or terminate your account and other collection mechanisms (including retaining collection agencies and legal counsel).

d.      You must have a payment method on file when buying on Growerstock and pay all fees and applicable taxes associated with our Service by the payment due date. If your payment method fails or your account is past due, the past due amount will be subject to annualized interest rate of 18%, accessed daily, or the maximum rate allowed by law. For accounts over 180 days past due, Growerstock has the right to retain collection agencies and legal counsel, and, for accounts over 180 days past due, Growerstock, or the collection agencies we retain, may also report information about your account to credit bureaus, and as a result, late payments, missed payments, or other defaults on your account may be reflected in your credit report.

e.       You acknowledge and agree that Growerstock shall have the right to utilize a third party payment processor in its discretion.

Children Under Thirteen

Growerstock 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 www.growerstock.com only with permission of a parent or guardian.

Release

If you have a dispute with one or more users, you release us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees and agents) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.

Links to Third Party Services/Third Party Services

www.growerstock.com may contain links to other website ("Linked Sites"). The Linked Sites are not under the control of Growerstock and Growerstock is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Growerstock is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Growerstock of the site or any association with its operators.

Certain services made available via www.growerstock.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.growerstock.com domain, you hereby acknowledge and consent that Growerstock may share such information and data with any third party with whom Growerstock has a contractual relationship to provide the requested product, service or functionality on behalf of www.growerstock.com users and customers.

No Unlawful or Prohibited Use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use www.growerstock.com strictly in accordance with these terms of use. As a condition of your use of the Service, you warrant to Growerstock that you will not use the Service for any purpose that is unlawful or prohibited by these Terms. You may not use the Service in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Growerstock 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. Growerstock content is not for resale. Your use of the Service 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 Growerstock 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 Growerstock or our licensors except as expressly authorized by these Terms.

You will not offer, transfer, sell or purchase items prohibited by law according to the laws of the state of California and/or Federal law, including and not limited to Cannabis, and other controlled substances; or, plants/plant based extracts which have not specifically been approved by Growerstock as suitable for sale in the Growerstock Marketplace. 

Use of Communication Services

The Service may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.

By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.

Growerstock has no obligation to monitor the Communication Services. However, Growerstock reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Growerstock reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

Growerstock reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Growerstock's sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Growerstock does not control or endorse the content, messages or information found in any Communication Service and, therefore, Growerstock specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Growerstock spokespersons, and their views do not necessarily reflect those of Growerstock.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.

Materials Provided to www.growerstock.com or Posted on Any Growerstock Web Page

Growerstock does not claim ownership of the materials you provide to www.growerstock.com (including feedback and suggestions) or post, upload, input or submit to any Growerstock Service or our associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Growerstock, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. Growerstock is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Growerstock's sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

Third Party Accounts

You will be able to connect your Growerstock account to third party accounts. By connecting your Growerstock account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.

International Users

The Service is controlled, operated and administered by Growerstock from our offices within the USA. 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 Growerstock Content accessed through www.growerstock.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification

You agree to indemnify, defend and hold harmless Growerstock, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's 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 any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Growerstock reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Growerstock in asserting any available defenses.

Arbitration

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.

Class Action Waiver

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Growerstock agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SERVICE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. GROWERSTOCK INC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

GROWERSTOCK INC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SERVICE 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. GROWERSTOCK INC 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.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL GROWERSTOCK INC AND/OR ITS SUPPLIERS 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 SERVICE, WITH THE DELAY OR INABILITY TO USE THE SERVICE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SERVICE, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF GROWERSTOCK INC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/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 SERVICE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Termination/Access Restriction

Growerstock reserves the right, in its sole discretion, to terminate your access to the Service and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of California and you hereby consent to the exclusive jurisdiction and venue of courts in California in all disputes arising out of or relating to the use of the Service. Use of the Service is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Growerstock as a result of this agreement or use of the Service. Growerstock's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Growerstock's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Service or information provided to or gathered by Growerstock with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, 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.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Growerstock with respect to the Service and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Growerstock with respect to the Service. 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.

Changes to Terms

Growerstock reserves the right, in its sole discretion, to change the Terms under which www.growerstock.com is offered. The most current version of the Terms will supersede all previous versions. Growerstock encourages you to periodically review the Terms to stay informed of our updates.

Contact Us

Growerstock welcomes your questions or comments regarding the Terms:

Growerstock Inc

1612 Stradella Rd

Los Angeles, California 90077

Email Address:

support@growerstock.com

Telephone number:

310-340-2177

Effective as of August 8, 2018

 


Minimum Performance Standards

FOR SELLERS:

As a seller, you're expected to:

  • Promptly respond to buyer order request.
  • Promptly update order status.
  • Respond to buyers' questions promptly.
  • Be helpful, friendly, and professional throughout a transaction.
  • Make sure the Produce Item is delivered to the buyer as described in the bid.
  • Continually update and maintain required food safety certifications and audits.
  • Maintain current account and user information.
  • Make every effort to amicably resolve a dispute with a buyer on the service before taking it offline.

Keep in mind, too, that if you don't meet buyers' expectations, it can lead to:

  • A bad experience for you and the buyer
  • Negative or neutral ratings from a buyer
  • A buyer reporting a dispute
  • A buyer asking us to step in and help with a transaction issue

FOR BUYERS:

As a Buyer, you're expected to:

  • Promptly respond to seller bids.
  • Promptly accept produce when received.
  • Respond to seller’s questions promptly.
  • Be helpful, friendly, and professional throughout a transaction.
  • Maintain current account and user information.
  • Make every effort to amicably resolve a dispute with a seller on the service before taking it offline.

Keep in mind, too, that if you don't meet seller’s expectations, it can lead to:

  • A bad experience for you and the seller
  • Negative or neutral ratings from a seller
  • A seller asking us to step in and help with a transaction issue
     

If you don't meet the minimum performance standards, we may put limits on your activity until your performance improves. We may also restrict you from using our service if your performance falls significantly below the minimum requirements.

Note: We monitor Growerstock.com for customers who may be creating poor buying experiences at higher rates, according to these standards. These accounts may be restricted, limited, suspended, or have their account level changed to below standard.