Terms & Conditions



Legal
By your use of GrowlerMotorLabs.com (“Site”), you agree that the following Terms of Use form a legal and binding agreement between you and Growler Motor Labs (“Growler,” “us,” “we,” “our”) and that you will comply with the terms and provisions hereof.

Website Access
When you sign up for an account on Growler’s website, you will be asked to provide specific information in order to create an account. You acknowledge that all information you provide is current, correct, and complete according to these Terms of Use. Growler reserves the right to terminate your account or refuse you access to its websites if you provide outdated, incorrect, false, or incomplete information. Growler may take these measures at any time and without prior notice.

Restrictions on Use
By accessing the Site, you agree that you will only use it for its intended purposes and avoid engaging in behavior that is unlawful or violates these Terms of Use. You may not, under any circumstances, co- brand, frame, or hyperlink to the Site, unless permission is first granted by Growler, which decision shall be made by Growler at our own sole discretion. These behaviors are defined as follows:
 Co-branding: You will not display Growler’s brand, trademarks, or logos on any website not affiliated with Growler Motor Labs.
 Framing: You will not frame our website within any structure or navigation element of a website not affiliated with Growler Motor Labs or one of its partners.
 Hyperlinking: You will not provide a hyperlink to Growler's website on an unaffiliated website, unless we first give permission. Such permission will be doled out at our sole discretion.

You agree to cooperate with Growler and immediately cease any instances of branding, framing, or unauthorized hyperlinking upon request. You also agree to avoid acting in a manner that disables, overburdens, damages, or impairs the ability of others to use the Growler website. You may not access, or attempt to access, information or confidential materials which are not intentionally made available through the Growler website.

Proprietary Information
The material and content accessible from this website, and any other website owned, operated, licensed, or otherwise controlled by Growler (the “Content”) is the proprietary information of Growler or the party that provided or licensed the Content to Growler. The Content expressly includes
trademarks, service marks, logos, and copyrighted works belonging to Growler Motor Labs. The Content may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of Growler, except for printing out a copy of the Content solely for
personal use. In doing so, the Content may not be removed or altered, or caused to be removed or altered, including any copyright, trademark, trade name, service mark, or other proprietary notice or legend appearing on the Content. Modification or use of the Content except as expressly provided in these Terms of Use violates our intellectual property rights. Neither title nor intellectual property rights are transferred to anyone accessing this website.

Third Party Links and Hyperlinks
Growler’s website may be hyperlinked by other websites not owned or maintained by Growler. We do not sponsor traffic to our website from external sources, and these links are provided as a service to users of those respective sources. When you follow a link to a third party website from Growler’s website and access external content, you agree to the respective third party policies and terms of the websites you visit. We are not responsible for the content of external third party links, which you should access at your own risk and discretion. We do not guarantee the completeness, accuracy, or safety of third party links. Growler provides hyperlinks as a convenience to customers and website users, and links to third party websites do not represent an endorsement of other organizations, their products, or their services by Growler.

Warranty Disclaimer
Growler does not assume any responsibility for your use of the Internet or the downloading of potentially harmful files. You are responsible for protecting your computers and mobile devices from viruses, malware, worms, Trojan horses, and other security risks that may harm the integrity of your hard drive, files, or operating systems. You are responsible for protecting your data with personal anti- virus software, firewalls, and other sufficient programs, and recovering your lost data, in the event of a security breach or malfunction.

GROWLER MOTOR LABS MAKES NO WARRANTIES, WHETHER EXPRESS OR IMPLIED, BY LAW OR OTHERWISE, WITH REGARD TO THE USE OF OUR WEBSITE AND OTHER DIGITAL PLATFORMS, OR ANY PRODUCTS OR SERVICES PURCHASED THEREON,
INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK, AND THE CONTENT CONTAINED ON OUR WEBSITE IS
PRESENTED AS IS AND WITHOUT GUARANTEE AGAINST ERRORS, DEFECTS, OR SECURITY RISKS. WARRANTIES ON PRODUCTS MAY BE AVAILABLE FROM THE MANUFACTURER THEREOF. WE MAKE NO WARRANTY REGARDING, AND ARE NOT
RESPONSIBLE FOR ANY INTERRUPTION OF, INTERNET SERVICE. WE EXPRESSLY DISCLAIM ANY RESPONSIBILITY FOR ANY LOSS, DAMAGE OR INJURY TO PERSONS OR PROPERTY CAUSED BY YOUR USE OF THE WEBSITES AND OTHER DIGITAL PLATFORMS.

You are responsible for the entire cost of servicing, repairing, or correcting any loss or damage resulting from the use of our website. Prices and availability of products sold on this website may change without notice. Growler does not assume responsibility for your use of the Content on its
website and cannot be liable if your actions infringe on the rights and privacy of others. All of the information on Growler’s website applies only as of the posted date, and Growler has no obligation to update or remove such information upon request.

Limitation of Liability
Growler and the “Indemnified Parties” (defined below) will not be liable or responsible for any incidental, direct, indirect, punitive, actual, consequential, special, exemplary, or other damages, including loss of revenue or income, pain and suffering, emotional distress, or similar damages, even if
Growler was advised of the possibility of such damages. At no point will the collective liability of Growler or any of the aforementioned parties (regardless of the form of action, whether in contract, tort, or otherwise) exceed the greater of $100 or the amount you have paid to Growler for the
applicable Content or service out of which liability arose. The limitation on liability set forth above may not apply in certain states. In these states, you may have additional remedies or damages available to you.

Indemnity
If you breach or violate these Terms of Use or the Privacy Policy, or use any Growler Content for a purpose not explicitly authorized by Growler in these Terms of Use, you will release, defend, indemnify, and hold harmless Growler and the Indemnified Parties (defined below) from responsibility
for such breaches and violations. You agree that Growler and the Indemnified Parties will have no liability for any resulting losses, damages, judgments, awards, costs, expenses, and attorney’s fees in connection with such breach or unauthorized use, and you will release, defend, indemnify and hold harmless Growler and the Indemnified Parties from the same. You also release, defend, indemnify and hold harmless Growler and the Indemnified Parties from any liability pertaining to claims brought by third parties that result from your breach, violation, or unauthorized use of Growler’s website and content. “Indemnified Parties” includes Growler, and any parent company, subsidiaries, and affiliates thereof, and their respective officers, directors, shareholders, partners, employees, agents, representatives, subcontractors, successors, and assigns.

Choice of Law and Jurisdiction
These Terms of Use will be governed and interpreted according to the laws of the State of Texas, in the United States of America, without giving effect to its conflict of law principles. In the case of a legal dispute concerning these Terms of Use, the use of Growler’s website, or other legal matter, you consent to venue in a court of competent jurisdiction within the geographic boundary of Collin County in the State of Texas.

Security
Your password for Growler’s website is for your use only. You are responsible for keeping your password safe, secure, and updated regularly. We will not monitor or protect your password, and you may be required to change it if we suspect the security of our website has been compromised. You must use a password that we deem secure and change it periodically, or we reserve the right to terminate your account. The use of tools or programs designed to compromise Growlers’s website security (password breaking software, hacking tools, or unwanted probes) is strictly prohibited. By using our website, you agree to take the appropriate actions to maximize the security of your own account information, as well as cooperate with Growler employees and security staff if a breach of security is discovered. You are prohibited from compromising security, tampering with system resources, or willingly releasing account details to unauthorized parties. We reserve the right to investigate any violation or breach of security by releasing personal details to system administrators or legal authorities in order to resolve security incidents.
In the case of a court or administrative agency order or other legal inquiry, Growler reserves the right to comply and cooperate with law enforcement and satisfy such requests for user information. If requested for legal purposes, Growler may disclose such information as names, user account details, messages, or any proof of violation of these Terms of Use. By using our website, you release Growler and the Indemnified Parties from any liability for losses or damages resulting from Growler’s compliance with such orders or inquiries, which are taken as a consequence of your activity on our website. 

Tracking Information Legal Restrictions
Growler may provide you with tracking information obtained through various shipping services for the purpose of tracking orders mailed to you from its website. Any package tracking system and tracking information obtained through this service are the sole property of the third party’s respective services. You will not use these tracking systems for purposes not permitted by these Terms of Use. Any unauthorized use of these services, other than to track shipments to you, will be considered a violation of these Terms of Use. You will not publish, distribute, copy, store, use, or sell such tracking information for commercial gain without the express consent of the applicable shipper(s). The respective tracking systems are provided as a service, and any access or use of these systems that violates these Terms of Use is strictly prohibited.

Termination or Restriction of Access
If you violate any of our Terms of Use, Growler may at any time, and without notice, terminate or restrict your access to its website and services.

Severability
If any provision, in part or in full, of these Terms of Use is determined to be void or unenforceable, the remaining provisions of these Terms of Use shall not be affected. All remaining provisions shall remain binding, and in full force and effect.

Disputes
(a) Disputes and Claims. If any dispute or claim of any type arises between us with regard to your use of the Growler website or any products or services sold or distributed through the website, the dispute or claim will be resolved by binding arbitration, rather than through the courts. The exception to this requirement is described in subparagraph (e) below. In arbitration, there is no judge or jury. The arbitrator, however, can award damages just as a judge or jury can.
(b) Arbitration Procedures. Any arbitration proceeding will be administered by a neutral arbitrator who is a member of or affiliated with The American Arbitration Association (AAA), in accordance with its then current rules and procedures pertaining to consumer disputes. We will jointly select a
single arbitrator, but if we cannot agree on the selection of an arbitrator, the AAA will designate the arbitrator for us. The arbitrator may conduct the arbitration by teleconference or videoconference. If the arbitrator deems it necessary to conduct the arbitration in person, the arbitration will be held at a location which is mutually agreeable to us. In the event we can’t agree on a location, the arbitrator shall choose a location, taking into account the cost and ability to travel of the parties.
(c) Arbitration Fees and Incentives. The AAA rules will govern payment of all arbitration fees. Growler will not seek its attorneys’ fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.
(d) No Class Actions. We agree that all disputes between us will be resolved on an individual basis, and you may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and
consolidation with other arbitrations are not allowed.
(e) Exceptions to Agreement to Arbitrate. Either you or Growler may assert claims, if they qualify, in small claims court in Collin County, Texas or in any United States county or parish where you live or work. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Site, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in the arbitration described above.
(f) YOU UNDERSTAND, BY AGREEING TO ARBITRATE ALL DISPUTES AND CLAIMS AS SET FORTH ABOVE, THAT YOU ARE WAIVING YOUR RIGHT TO RESOLVE YOUR DISPUTE OR CLAIM THROUGH OTHER AVAILABLE DISPUTE RESOLUTION PROCESSES, INCLUDING COURT ACTIONS OR ADMINISTRATIVE PROCEEDINGS. YOU UNDERSTAND AND AGREE THAT YOU ARE ALSO WAIVING YOUR RIGHT TO A TRIAL BY JURY AND, PURSUANT TO SUBPARAGRAPH (d) ABOVE, YOUR RIGHT TO PARTICIPATE IN ANY CLASS ARBITRATIONS, ACTIONS , OR CONSOLIDATED OR REPRESENTATIVE ARBITRATIONS OF ANY KIND.
(g) Governing Law. The Federal Arbitration Act and Applicable Federal Law will govern this agreement to arbitrate. Except for the provision relating to the waiver of class and representative actions, if a court decides that any part of this agreement to arbitrate is invalid or unenforceable, the
remainder of this agreement to arbitrate shall remain in effect. If any court finds the provision relating to the waiver of class and representative actions to be invalid or unenforceable, then the entirety of this Section regarding Disputes shall not apply.

Ordering
At the time you place your order, our system will validate the credit card information you provided and verify that funds are available in your account. If the information you provided during checkout fails to coincide with the information on file for the credit card you used, our security system will deny your order. If the information you provided is accurate, your credit card will be charged for the full amount of your order on the day that your order is shipped.

Shipping and Delivery
All delivery dates provided by Growler are based upon the package size and weight of the order, and are estimates only. Growler cannot guarantee the speed or accuracy of delivery dates provided by any of its commonly used shipping partners. Growler is also not responsible for the security of deliveries that are missing or stolen from the delivery location. Deliveries become the sole responsibility of the customer once the order has reached the address indicated in the tracking information. Growler does not guarantee that your order will be replaced or refunded in the event of a lost or stolen package.

How to Contact Growler Motor Labs
If you have any questions about our Terms of Use, please contact us.
Phone: 214-291- 3020
E-mail: info@growlermotorlabs.com
Address: Growler Motor Labs
1200 Placid Ave., Suite 550
Plano, TX 75074

Last Updated: December 10, 2017