Terms Of Service

Agreement between user and Bigagsupply.com

Welcome to Bigagsupply.com. The Bigagsupply.com website (the “Site”) is comprised of various web pages operated by Big Ag Supply Corp, Inc. (“Big Ag Supply Corp”). Bigagsupply.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of Bigagsupply.com constitutes your agreement to all such Terms. Please read these terms carefully and keep a copy of them for your reference.

Bigagsupply.com is a catalog and E-commerce Site. The purpose of Bigagsupply.com is to promote and sell agriculture and cultivation related products and services.

Privacy Policy

Protecting your private information is our priority. This Statement of Privacy applies to Big Ag Supply Corp and governs data collection and usage. For the purposes of this Privacy Policy, unless otherwise noted, all references to Big Ag Supply Corp include https://bigagsupply.com/. The Big Ag Supply Corp website is a catalog and eCommerce site. By using the Big Ag Supply Corp website, you consent to the data practices described in this statement.

Collection of your Personal Information

In order to better provide you with products and services offered, Big Ag Supply Corp may collect personally identifiable information, such as your:

• First and Last Name
• Mailing Address
• E-mail Address
• Phone Number

If you purchase Big Ag Supply Corp’s products and services, we collect billing and credit card information. This information is used to complete the purchase transaction.

We do not collect any personal information about you unless you voluntarily provide it to us. However, you may be required to provide certain personal information to us when you elect to use certain products or services. These may include: (a) registering for an account; (b) entering a sweepstakes or contest sponsored by us or one of our partners; (c) signing up for special offers from selected third parties; (d) sending us an email message; (e) submitting your credit card or other payment information when ordering and purchasing products and services. To wit, we will use your information for, but not limited to, communicating with you in relation to services and/or products you have requested from us. We also may gather additional personal or non-personal information in the future.

Use of your Personal Information

Big Ag Supply Corp collects and uses your personal information to operate and deliver the services you have requested.

Big Ag Supply Corp may also use your personally identifiable information to inform you of other products or services available from Big Ag Supply Corp and its affiliates.

Sharing Information with Third Parties

Big Ag Supply Corp does not sell, rent or lease its customer lists to third parties.

Big Ag Supply Corp may share 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 Big Ag Supply Corp, and they are required to maintain the confidentiality of your information.

Big Ag Supply Corp may disclose your personal information, without notice, 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 Big Ag Supply Corp or the site; (b) protect and defend the rights or property of Big Ag Supply Corp; and/or (c) act under exigent circumstances to protect the personal safety of users of Big Ag Supply Corp, or the public.

Tracking User Behavior

Big Ag Supply Corp may keep track of the websites and pages our users visit within Big Ag Supply Corp, in order to determine what Big Ag Supply Corp services are the most popular. This data is used to deliver customized content and advertising within Big Ag Supply Corp to customers whose behavior indicates that they are interested in a particular subject area.

Automatically Collected Information

Information about your computer hardware and software may be automatically collected by Big Ag Supply Corp. This information can include: your IP address, browser type, domain names, access times and referring website addresses. 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 Big Ag Supply Corp website.

Use of Cookies

The Big Ag Supply Corp website may use “cookies” to help you personalize your online experience. A cookie is a text file that is placed on your hard disk by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you.

One of the primary purposes of cookies is to provide a convenience feature to save you time. The purpose of a cookie is to tell the Web server that you have returned to a specific page. For example, if you personalize Big Ag Supply Corp pages, or register with Big Ag Supply Corp site or services, a cookie helps Big Ag Supply Corp to recall your specific information on subsequent visits. This simplifies the process of recording your personal information, such as billing addresses, shipping addresses, and so on. When you return to the same Big Ag Supply Corp website, the information you previously provided can be retrieved, so you can easily use the Big Ag Supply Corp features that you customized.

You have the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of the Big Ag Supply Corp services or websites you visit.

Links

This website contains links to other sites. Please be aware that we are not responsible for the content or privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of any other site that collects personally identifiable information.

Security of your Personal Information

Big Ag Supply Corp secures your personal information from unauthorized access, use, or disclosure. Big Ag Supply Corp uses the following methods for this purpose:

 – SSL Protocol

When personal information (such as a credit card number) is transmitted to other websites, it is protected through the use of encryption, such as the Secure Sockets Layer (SSL) protocol.

We strive to take appropriate security measures to protect against unauthorized access to or alteration of your personal information. Unfortunately, no data transmission over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, you acknowledge that: (a) there are security and privacy limitations inherent to the Internet which are beyond our control; and (b) security, integrity, and privacy of any and all information and data exchanged between you and us through this Site cannot be guaranteed.

Right to Deletion

Subject to certain exceptions set out below, on receipt of a verifiable request from you, we will:

• Delete your personal information from our records; and
• Direct any service providers to delete your personal information from their records.

Please note that we may not be able to comply with requests to delete your personal information if it is necessary to:

• Complete the transaction for which the personal information was collected, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, provide a good or service requested by you, or reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform a contract between you and us;
• Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity; or prosecute those responsible for that activity;
• Debug to identify and repair errors that impair existing intended functionality;
• Exercise free speech, ensure the right of another consumer to exercise his or her right of free speech, or exercise another right provided for by law;
• Comply with the California Electronic Communications Privacy Act;
• 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 our deletion of the information is likely to render impossible or seriously impair the achievement of such research, provided we have obtained your informed consent;
• Enable solely internal uses that are reasonably aligned with your expectations based on your relationship with us;
• Comply with an existing legal obligation; or
• Otherwise use your personal information, internally, in a lawful manner that is compatible with the context in which you provided the information.

Children Under Thirteen 

Big Ag Supply Corp does not knowingly collect personally identifiable information from children under the age of thirteen. If you are under the age of thirteen, you must ask your parent or guardian for permission to use this website.

E-mail Communications

From time to time, Big Ag Supply Corp may contact you via email for the purpose of providing announcements, promotional offers, alerts, confirmations, surveys, and/or other general communication. In order to improve our Services, we may receive a notification when you open an email from Big Ag Supply Corp or click on a link therein.

If you would like to stop receiving marketing or promotional communications via email from Big Ag Supply Corp, you may opt out of such communications by clicking on the UNSUBSCRIBE button.

Your account

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Big Ag Supply Corp is not responsible for third party access to your account that results from theft or misappropriation of your account. Big Ag Supply Corp and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

Big Ag Supply Corp 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 Bigagsupply.com only with permission of a parent or guardian.

Mobile Terms of Service

Big Ag Supply Corp

Last updated: Sept. 10th, 2024

The Big Ag Supply Corp mobile message service (the “Service”) is operated by Big Ag Supply Corp (“Big Ag Supply Corp”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

By consenting to Big Ag Supply Corp’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Big Ag Supply Corp through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).

You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Big Ag Supply Corp. Your participation in this program is completely voluntary.

We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.

You may opt-out of the Service at any time. Text the single keyword command STOP or click the unsubscribe link (where available) in any text message to cancel. You’ll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Big Ag Supply Corp mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.

For Service support or assistance, text HELP or email support@growgeneration.com

We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.

Changes to this Statement

Big Ag Supply Corp reserves the right to change this Privacy Policy from time to time. We will notify you about significant changes in the way we treat personal information by sending a notice to the primary email address specified in your account, by placing a prominent notice on our website, and/or by updating any privacy information. Your continued use of the website and/or Services available after such modifications will constitute your: (a) acknowledgment of the modified Privacy Policy; and (b) agreement to abide and be bound by that Policy.

Electronic Communications

Visiting Bigagsupply.com or sending emails to Big Ag Supply Corp 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.

Harassment in any manner or form on the site, including via social media, e-mail, chat, phone, or by use of obscene, threatening, or abusive language, is strictly forbidden. Impersonation of others, including a Bigagsupply.com employee, vendor, contractor, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site, including Bigagsupply.com emails, chat, or phone, any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law.

Links to third party sites/Third party services

Bigagsupply.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Big Ag Supply Corp and Big Ag Supply Corp 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. Big Ag Supply Corp is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Big Ag Supply Corp of the site or any association with its operators.

Certain services made available via Bigagsupply.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the Bigagsupply.com domain, you hereby acknowledge and consent that Big Ag Supply Corp may share such information and data with any third party with whom Big Ag Supply Corp has a contractual relationship to provide the requested product, service or functionality on behalf of Bigagsupply.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 Bigagsupply.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Big Ag Supply Corp that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site 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 Big Ag Supply Corp 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. Big Ag Supply Corp 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 Big Ag Supply Corp 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 Big Ag Supply Corp or our licensors except as expressly authorized by these Terms.

Typographical Errors

All product prices, images and specifications are subject to change without notice. Bigagsupply.com does its best to be accurate, but occasionally pricing, contents, unit of measurement, or other errors may occur. Bigagsupply.com reserves the right to cancel any orders placed for product listed at the incorrect price. Bigagsupply.com reserves the right to cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Bigagsupply.com shall issue a refund to the same credit card used for payment.

Third Party Accounts

You will be able to connect your Big Ag Supply Corp account to third party accounts. By connecting your Big Ag Supply Corp 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 Big Ag Supply Corp 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 Big Ag Supply Corp Content accessed through Bigagsupply.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 Big Ag Supply Corp, 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 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. Big Ag Supply Corp 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 Big Ag Supply Corp in asserting any available defenses.

Liability Disclaimer

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

Big Ag Supply Corp CORP, 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 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. Big Ag Supply Corp, 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 Big Ag Supply Corp, 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 SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED 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, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Big Ag Supply Corp, 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 SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Termination/access restriction
Big Ag Supply Corp reserves the right, in its sole discretion, to terminate your access to the Site 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 Illinois 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 Site. Use of the Site 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 Big Ag Supply Corp as a result of this agreement or use of the Site. Big Ag Supply Corp’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Big Ag Supply Corp’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Big Ag Supply Corp 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 Big Ag Supply Corp with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Big Ag Supply Corp 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 an d 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.
Mobile, SMS and Text Terms

By texting “JOIN, EMAIL, STORE, SOCIAL and/or WEB” to 720-797-5994 in the United States you agree and authorize Big Ag Supply Corp (and entities or individuals working on Big Ag Supply Corp’s behalf) to deliver or cause to be delivered advertisements or telemarketing messages (via text message or phone call) to you using an automatic telephone dialing system or an artificial or prerecorded voice at the phone number you used to text Big Ag Supply Corp. You are not required to provide such authorization as a condition of purchasing any goods or services from Big Ag Supply Corp. You further understand and agree that by texting “JOIN, EMAIL, STORE, SOCIAL and/or WEB” to 720-797-5994 in the United States, you are electronically signing the above authorization, which will have the same force and effect as a manual signature, and consent to provide such authorization by electronic means. For the avoidance of doubt, your participation is subject to the Terms of Use, including, without limitation, the disclaimer of warranties, limitation of liability, indemnification, governing law and jurisdiction, arbitration, limitation on time to file claims, and waiver and severability provisions.

Changes to Terms

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