Blossom Terms of Service
The Scotts Company LLC (“Scotts”) offers certain smart watering controllers and related products (collectively, the “Products”) and provides (1) a website, www.myblossom.com (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”). These Blossom Terms of Service (these “Terms”) constitute a legal agreement governing your access to and use of the Products and the Blossom Services. It is important that you read these Terms in their entirety. By accessing and using the Products and the Blossom Services, you are accepting and agreeing to these Terms on behalf of yourself or the entity you represent in connection with the access. You represent and warrant that you have the right, authority, and legal capacity to accept and agree to these Terms on behalf of yourself and/or the entity you represent. You further represent you are of sufficient legal age in your jurisdiction or residence to use or access the Blossom Services and to enter into an agreement. If you do not agree with any part of these Terms, you should disconnect your Product(s) from your user account and cease accessing or using the Product(s) and the Blossom Services.
1. Your User Account
To use the Blossom Services, you must create a user account (“Account”) by providing certain information about yourself and your Product(s). You represent and warrant that: (a) all information you submit to the Blossom Services to create an Account is truthful and accurate; (b) you will maintain the accuracy of such information; and (c) your use of the Product(s) and the Blossom Services does not violate any applicable law or regulation (e.g., you are not located in an embargoed country, you are not listed as a prohibited or restricted party under applicable export control laws and regulations, etc.). You are entirely responsible for keeping your Account login and password information secure and for all activities that occur under your Account. You may not use another user’s account without the express permission of the account holder. You agree to keep your Account information confidential and prevent others from gaining access to or through your Account without your express permission. You agree to immediately notify Scotts of any unauthorized use, or suspected unauthorized use of your Account or any other breach of the security of your Account or an Account under your control. Scotts is not liable for and disclaims all responsibility for any loss or damage arising from your failure to comply with these requirements.
2. Use of the Blossom Services
(a) Subject to these Terms, Scotts grants to you a personal, limited, revocable, non-transferable, non-exclusive right to use the Blossom Services by (i) accessing the Site and Web Apps through your Account, (ii) installing the Mobile Apps solely on your own supported mobile device (e.g., iPhone, iPad, or Android smartphone), (iii) using the Firmware as embedded or otherwise installed on the Product, and (iv) accessing the Blossom Cloud through each of the foregoing, solely as provided by Scotts for the exclusive purpose of controlling, monitoring, and otherwise using the Products installed on your property for their intended use as designed by Scotts (the “Permitted Purpose”).
(b) Scotts may develop patches, bug fixes, updates, upgrades, and other modifications to improve the performance of the Blossom Services from time to time (“Updates”). You agree that Updates may be made to the Blossom Services without notice of any kind and you consent, to the extent required, to the execution and/or installation of such Updates in connection with the Site, Web Apps, Mobile Apps, Firmware, and/or Blossom Cloud. If you do not want Updates, you must, and your sole remedy is to, terminate your Account and stop using the Blossom Services and the Product(s). If you do not terminate your Account, you will receive Updates automatically as described above. You may also be required to install Updates to use the Blossom Services and the Product(s), and you agree to promptly install any Updates that Scotts provides. Your use of the Blossom Services and the Product(s) signifies your agreement to these Terms with respect to the Blossom Services and any Updates provided by Scotts. All Updates are subject to these Terms.
(c) Subject to these Terms, Scotts may enable the Products and Blossom Services to interface with certain other products and services provided by third parties (each, an “Integration”). Your express authorization will be required for each interfacing of your Products and your use of the Blossom Services with any Integration selected by you, which will be valid until revoked by you. You may revoke your authorization at any time by disabling the interface settings as described in the applicable documentation for the Integration and/or the Blossom Service. By authorizing the interfacing of your Products and your use of the Blossom Services with any Integration, you acknowledge and agree that you are directing Scotts to share any information and control data with respect to your Account, your Product(s), and your use of the Blossom Services (collectively, “Interface Data”) as required by the applicable third party to enable the functionality of the Integration you have authorized. You acknowledge and agree that Integration authorized by you to interface with the Blossom Services through your Account will be able use the Interface Data and direct the functionality and performance of your Products and your use of the Blossom Services as directed by you and/or described in the applicable documentation for such Integration. Scotts makes no representation or warranty as to the use of your Interface Data by any entity or entities providing the Integration authorized by you or the security of such Interface Data in possession of a third party. You further agree that your use of any Integration is at your own risk, and Scotts is not responsible for the availability or accuracy of, or any damage or loss caused by, any Integration used by you. Your use of Integrations may also be subject to other terms and conditions provided by the applicable third party providing the applicable products and services used in connection with the Integration. You agree not to use Integrations that are not expressly authorized by Scotts for use with the Products and the Blossom Services.
(d) You agree that you will not: (i) license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Blossom Services; (ii) modify, make derivative works of, disassemble, reverse compile, decompile, or reverse engineer any part of the Blossom Services, or attempt to derive the source code of any part of the Blossom Services; (iii) access the Blossom Services in order to build a similar or competitive service; (iv) copy, reproduce, distribute, republish, download, display, post or transmit, in any form or by any means, any part of the Blossom Services, except as expressly authorized by Scotts; (v) upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer or communication network, computer, handheld mobile device, data, the Blossom Services, the Products, or any other system, device or property; (vi) interfere with, disrupt, or attempt to gain unauthorized access to, the servers or networks connected to the Blossom Services or violate the regulations, policies, or procedures of such networks; (vii) access (or attempt to access) any of the Blossom Services by means other than those provided or authorized by Scotts; (viii) remove, obscure or alter any proprietary rights notices which may be contained in or displayed in connection with the Blossom Services; or (ix) use the Blossom Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of anyone.
(e) The Blossom Services may include certain items of code or software subject to an open source license (collectively, “Open Source Software”). The Open Source Software is subject to the terms of the license that accompanies such Open Source Software. Nothing in these Terms limits your rights under, or grants you rights that supersede, the terms and conditions of any applicable license for such Open Source Software, including your right to copy, modify, and distribute such Open Source Software.
(f) You agree that Scotts is not in any way responsible for your use of the Products or Blossom Services in violation of these Terms or for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that you may receive as a result of using any Products or the Blossom Services.
(g) Scotts does not represent, warrant, or otherwise guarantee that the Products or the Blossom Services are secure or that unauthorized third parties will never be able to defeat any security measures that may be contained in the Products or the Blossom Services, or gain access to or use your information, including personal information, for improper purposes. You acknowledge these risks and the fact that information transmitted over the Internet may not be secure and agree that you are providing your information to Scotts and the Blossom Services at your own risk.
(h) Scotts reserves the right to, at any time, modify, suspend, or discontinue the Blossom Services or any part thereof, with or without notice. You agree that Scotts will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Blossom Services or any part thereof.
(i) Although the Site may be accessible worldwide, the Products and the Blossom Services, or portions thereof, provided or accessed through or on the Site are not available to all persons or in all territories. You acknowledge and agree that the Products and/or the Blossom Services are not designed for use in all territories and some or all of the features of the Products and/or the Blossom Services may not work or be appropriate for use in all territories. You agree Scotts is not responsible or liable for any damage or loss caused by your access or use of the Products and/or the Blossom Services in a territory prohibiting such access or use or otherwise not supported by Scotts. If you choose to use the Products and/or Blossom Services from outside a territory in which Scotts supports the Products and/or the Blossom Services, you do so on your own risk and initiative and you are solely responsible for complying with applicable laws in the territory from which access and use is made. These Terms shall apply wherever you access or use the Products and/or the Blossom Services.
(j) The Blossom Services are intended and designed to be accessed and used for non-time-critical information and control of the Products. You agree you will not rely on the Blossom Services for any life safety or critical purposes. Scotts makes reasonable efforts to ensure the Blossom Services are reliable and generally available, however, Scotts makes no representation, warranty, or other guarantee that the Blossom Services are reliable or available at all times or otherwise error free and up to date. Scotts does not guarantee you will receive notifications regarding your Product(s) or the Blossom Services at any given time or at all. The Blossom Services are subject to sporadic interruptions and failures for a variety of reasons inside and outside Scotts’ control, including Wi-Fi intermittency, service provider uptime, mobile notifications and carriers, and electromagnetic interference of power line communications, among other occurrences. You acknowledge these limitations and agree that Scotts is not responsible for any damages allegedly caused by or attributable the failure or delay of the Blossom Services in any respect.
(k) Notifications regarding the status of the Products may be provided for informational purposes only. Scotts is unable to provide specific information relating to any or all situations at the premises where the Products are installed. You agree it is your sole responsibility to monitor your property and respond to an emergency according to the specific conditions of your situation.
(l) The Blossom Services may be suspended temporarily without notice for security reasons, system failure, maintenance and repair, or as otherwise determined to be necessary in Scotts’ sole discretion. You agree that you are not entitled to any refund or rebate for any suspension or unavailability of the Blossom Services. Scotts does not offer any uptime guarantee for the Blossom Services.
(m) The Blossom Services will not be accessible and/or may not function without: (i) access to an Ethernet port in your broadband router or a functioning Wi-Fi network that is configured to communicate reliably with the Products; (ii) an Account; (iii) mobile clients such as a supported smartphone or tablet; (iv) always-on broadband Internet access; or (v) other system requirements that may be specified by Scotts, including, but not limited to, proper configuration and compatibility of any of the foregoing. You are responsible for all system requirements necessary to operate the Products and access the Blossom Services.
(n) Scotts does not make any representation, warranty, or otherwise guarantee or promise any level of water savings or other monetary benefit from the use of the Products or the Blossom Services or any feature of the Products or the Blossom Services. Actual water savings and monetary benefits, if any, can vary based on many factors, and are beyond Scotts’ control and design. From time to time, Scotts may use the Blossom Services to provide you with information that is unique to you and your water usage, and may suggest an action that may reduce your water usage if you adopt such suggestions or utilize certain features of the Product or the Blossom Services. You agree that these suggestions are merely promotions and are not a guarantee of any actual savings, and you acknowledge your savings, if any, may differ. You release Scotts from any claim for monetary or other relief based on Scotts’ promotions.
3. Third Party Products and Services
(a) You acknowledge that the operation of the Products and delivery of the Blossom Services may rely on or interoperate with products or services provided by you or third party vendors – such as, for example, data storage, synchronization, and communication through certain providers, and mobile device notifications through mobile operating system vendors and mobile carriers (collectively, “Third Party Products and Services”). You agree that Third Party Products and Services are beyond Scotts’ control, and their operation may impact, or be impacted by, the use and reliability of the Products and the Blossom Services. You acknowledge and agree that: (i) the use and availability of the Products and the Blossom Services is dependent on Third Party Products and Services and their providers, (ii) Third Party Products and Services may not operate in a reliable manner 100% of the time, and they may impact the way that the Products and the Blossom Services operate, and (iii) Scotts is not responsible for the availability or accuracy of, or damages and losses caused by, the Third Party Products and Services.
(c) You acknowledge and agree that the availability of the Mobile Apps is dependent on the third party websites from which you download the Mobile Apps (e.g., Apple’s App Store, Google Play, or other Android app market) (each, an “App Market”). You acknowledge that these Terms are between you and Scotts and each App Market may have its own terms and conditions to which you must agree before downloading the Mobile Apps from it and/or that continue to apply to you and your use of Mobile Apps. You agree to comply with, and your license to use the Mobile Apps is conditioned upon your compliance with, such terms and conditions provided by the applicable App Market and these Terms.
(d) The Site may contain links to other web sites operated by third parties (“Third Party Sites”) and referrals to third party vendors (“Referred Vendors”). You agree that Third Party Sites and Referred Vendors are not under Scotts’ control and Scotts provides these links and referrals only as a convenience. Scotts does not, and is not obligated to, review, approve, monitor, endorse, warrant, or make any representations with respect to any Third Party Sites or Referred Vendors. You acknowledge and agree Scotts is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect of Third Party Sites, Referred Vendors, or any other third party materials or web sites. Scotts does not assume and will not have any liability or responsibility to you or any other person for any Third Party Sites, Referred Vendors, or any other third party materials or web sites. You further acknowledge that you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. You agree to use the Blossom Services at your sole risk and that Scotts shall not have any liability to you for content that may be found to be offensive, indecent, or objectionable. Your use of Third Party Sites or Referred Vendors is at your own risk.
(e) Scotts is not responsible for third parties or Third Party Products and Services, App Markets, Integrations, Third Party Sites, Referred Vendors, Equipment, ISPs, and Carriers. You hereby release Scotts, its affiliates, and each of their licensors and suppliers from any past, present, and future claims, liabilities, and damages, known or unknown, arising out of or relating to your interactions with such third parties and the Third Party Products and Services, App Markets, Integrations, Third Party Sites, Referred Vendors, Equipment, ISPs, and Carriers. You hereby agree to waive, and your use of the Products and the Blossom Services constitutes an express waiver of, any statute limiting the operation of the foregoing release (including, for California residents, California Civil Code Section 1542, which states: “a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”)
4. Intellectual Property
(a) You agree that all intellectual property rights, including copyrights, patents, trademarks and trade secrets in the Products and the Blossom Services are owned by Scotts or its affiliates, and their respective licensors and suppliers. Your possession, access, and use of the Products and Blossom Services do not transfer to you or any third party any rights, title, or interest in or to such intellectual property rights, except to the extent expressly provided in these Terms and an App Market’s terms and conditions pertaining to Mobile Apps. Scotts, its affiliates, and their respective licensors and suppliers, reserve all their respective rights not expressly granted in these Terms. The Blossom Services are licensed to you, not sold, under these Terms.
(b) You may use the Blossom Services for your own personal use. You may not use the Blossom Services in any other public or commercial way, nor may you may copy or incorporate any of the content of the Blossom Services into any other work, including your own website, without the written consent of Scotts. You must have a license from us before you can post or redistribute any portion of the Blossom Services. Scotts retains full and complete title to all content in the Blossom Services, including any downloadable software and all data that accompanies it. You must not copy, modify, or in any way reproduce or damage the structure or presentation of the Blossom Services or any content therein.
(c) The structure, organization, and code of the Blossom Services are valuable trade secrets and confidential information of Scotts or its affiliate, or each of their licensors. You shall not remove any product identifications, copyright notices, or proprietary restrictions from the Blossom Services.
(d) You may choose, or Scotts may invite you, to submit comments, suggestions, or ideas about the Products or Blossom Services, including how to improve the Products or Blossom Services (“Feedback”). By submitting any Feedback, you agree that your submission of Feedback is voluntary, gratuitous, unsolicited, and without restriction and will not place Scotts under any fiduciary or other obligation. Scotts may use, copy, modify, publish, or redistribute the Feedback for any purpose and in any way without any compensation to you (and you grant Scotts a perpetual, irrevocable, transferable, world-wide, and royalty-free license for such purposes). You also agree that Scotts does not waive any rights to use similar or related ideas contained in the Feedback that are previously known to Scotts, developed by its employees, or obtained from other sources.
You agree to indemnify and hold Scotts, its affiliates, and each of their respective licensors and suppliers, harmless from any damages, liabilities, claims or demands (including costs and attorneys’ fees) made by any third party due to or arising out of (i) your violation of these Terms, (ii) your violation of any laws, regulations, or third-party rights, (iii) or your use of the Products and the Blossom Services. Scotts reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Scotts, its affiliates, and each of their respective licensors and suppliers, and you agree to cooperate with our defense of such claims. You agree not to settle any such claim without Scotts’ prior written consent. Scotts will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
(A) THE BLOSSOM SERVICES ARE PROVIDED TO YOU FOR YOUR CONVENIENCE ON AN “AS IS” AND “AS AVAILABLE” BASIS. SCOTTS, ITS AFFILIATES, AND THEIR RESPECTIVE LICENSORS AND SUPPLIERS EXPRESSLY DISCLAIM ANY REPRESENTATIONS, WARRANTIES, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT, OR ANY REPRESENATION OR WARRANTY REALTED TO THE RESULTS TO BE DERIVED FROM THE USE OF THE PRODUCTS OR THE BLOSSOM SERVICES.
(B) YOU ACKNOWLEDGE AND AGREE THAT SCOTTS, ITS AFFILIATES, AND THEIR RESPECTIVE LICENSORS AND SUPPLIERS MAKE NO REPRESENTATION OR WARRANTY THAT DEFECTS WILL BE CORRECTED OR THAT THE BLOSSOM SERVICES WILL: (I) MEET YOUR REQUIREMENTS; (II) BE COMPATIBLE WITH YOUR HOME NETWORK, COMPUTER OR MOBILE DEVICE; (III) BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (IV) BE ACCURATE OR RELIABLE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SCOTTS OR ITS AFFILIATES OR THOUGH THE BLOSSOM SERVICES SHOULD BE CONSIDERED OR SHALL SERVE TO CREATE ANY REPRESENTATION OR WARRANTY OF ANY KIND.
(C) YOU ACKNOWLEDGE AND AGREE THAT SCOTTS IS NOT RESPONSIBLE FOR ANY LAWN, GARDEN, OR OTHER DECISIONS MADE BY YOU BASED UPON DATA COLLECTED, TRANSMITTED, OR DISPLAYED BY OR ON THE BLOSSOM SERVICES, OR WHETHER SUCH DATA IS ACCURATE OR INACCURATE.
7. Limitations of Liability
TO THE FULLEST EXTENT ALLOWED BY LAW, scotts, its affiliates, AND each of their respective licensors and SUPPLIERS WILL NOT BE LIABLE FOR ANY DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE products or blossom SERVICEs. THE FOREGOING LIMITATION OF LIABILITY WILL APPLY WHETHER IN AN ACTION FOR BREACH OF CONTRACT, NEGLIGENCE, OTHER TORT, OR ANY OTHER THEORY, EVEN IF AN AUTHORIZED REPRESENTATIVE OF scotts HAS BEEN ADVISED OR SHOULD HAVE KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES. scotts’ LIABILITY, AND THE LIABILITY OF scotts’ affiliates, EMPLOYEES, licensors, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO $10. THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
8. Dispute Resolution
(a) 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.
(b) 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 Terms or your use of the Products or the Blossom Services 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 your use of the Products and the Blossom Services. Any dispute or claim made by you against Scotts or vice versa arising out of or relating to these Terms or your use of the Products or the Blossom Services (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.
(c) 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 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.
(d) 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).
(e) 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.
(f) 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.
(g) 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 first accept these Terms 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 Terms.
(h) This section (Dispute Resolution) 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.
9. Other Terms
(a) In addition to these Terms, the use of the Products and the Blossom Services are also subject to the following other terms: (i) the Firmware is subject to the end user license agreement posted on the Site (the “EULA”); (ii) access to and use of the Site is also subject to the terms posted on the Site (the “Site Terms”); (iii) 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”); and (iv) 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”).
(b) In addition to these 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.
(d) The use of Third Party Products and Services, Integrations, Equipment, ISP, Carrier, App Markets, Third Party Sites, and Referred Vendors may be subject to other third party terms and conditions (collectively, “Third Party Terms”).
10. General Terms
(a) These Terms shall remain in full force and effect so long as you continue to access or use the Products or the Blossom Services. Scotts may, at any time and for any reason, suspend or terminate these Terms (as between you and Scotts) and your rights to access or use the Blossom Services, including where Scotts believes that you have violated these Terms, any terms of sale contained in the Limited Warranty, the EULA, Site Terms, Mobile Terms, Supplemental Terms, or any Third Party Terms that may adversely affect Scotts, its affiliate or licensors, or the Blossom Services. Upon such termination, your Account and your right to use the Blossom Services will automatically terminate. The provisions of these Terms shall survive the termination of the Terms (as between you and Scotts) to the extent necessary for Scotts to enforce any right or restriction contained in these Terms, or as necessary to resolve any dispute between you and Scotts after such termination.
(c) These 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.
(d) These Terms constitute the entire agreement between you and Scotts regarding its subject matter. Any failure by Scotts to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.
(e) These Terms, and any associated rights or obligations, may not be assigned or otherwise transferred by you without Scotts’ prior written consent. These Terms may be assigned by Scotts without restriction. These Terms are binding upon any permitted assignee. If you transfer a Product to a new owner, your right to use the Blossom Services with respect to that Product automatically terminates, and the new owner will have no right to use the Product or Blossom Services under your Account and will need to register for a separate account with Scotts.
(f) Scotts may provide notice to you by email to the primary email associated with your Account, mail to the primary address associated with your Account, or posting of such notice within the Blossom Service accessible by you. Notice is deemed to be provide when such notice is sent by Scotts. Scotts is not responsible for undeliverable mail, including any automatic filtering that you or your network provider may apply to email notifications. You may contact Scotts through the Site or at the following address: 14111 Scottslawn Road, Marysville, OH 43041, Attn: Consumer Services.
(g) You may use the Products and the Blossom Services only if you have the legal capacity to enter into a binding agreement under law, and if you are in compliance with these Terms and all applicable laws, rules, and regulations. Any use or access to the Blossom Services by anyone under the age of thirteen (13) is strictly prohibited and is a violation of these Terms. The Blossom Services are not available to any users that have been prohibited by Scotts from using the Blossom Services.