1. AGREEMENT TO THESE TERMS
These Terms and Conditions of Use (the "Terms") govern your access to and use of www.growlproducts.com and any other website, subdomain, or web page operated by Growl Products Inc. that links to these Terms (collectively, the "Site").
The Site is operated by Growl Products Inc., a company incorporated in British Columbia, Canada, together with its affiliate Growl Products US Inc. (together, "Growl", "we", "us", or "our"). Growl also carries on business as Growl Hand Protection.
BY ACCESSING, BROWSING, OR OTHERWISE USING THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS AND BY OUR PRIVACY POLICY, WHICH IS INCORPORATED INTO THESE TERMS BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE THE SITE.
These Terms contain a disclaimer of warranties (Section 10), a limitation of liability (Section 11), an indemnity (Section 12), and provisions governing choice of law and the forum for resolving disputes (Section 17). Please read them carefully.
If you use the Site on behalf of a company, partnership, or other organization, you represent that you have authority to bind that organization to these Terms, and "you" refers to both you and that organization.
2. WHO MAY USE THE SITE
The Site is intended for business and commercial audiences, including distributors, dealers, resellers, safety managers, purchasing professionals, and the tradespeople who use industrial hand protection on the job. You must be at least 18 years of age, or the age of majority in your jurisdiction if higher, to use the Site.
The Site is operated from Canada and the United States. We make no representation that the Site, or any product shown on it, is appropriate, available, or lawful for use in any other jurisdiction. If you access the Site from outside Canada or the United States, you do so on your own initiative and are responsible for compliance with the laws of your jurisdiction.
3. CHANGES TO THESE TERMS AND TO THE SITE
We may revise these Terms at any time. Revisions take effect when the updated Terms are posted to the Site, and the "Last Updated" date above will change to reflect the revision. Your continued use of the Site after revisions are posted constitutes acceptance of the revised Terms. If you do not agree to a revision, your remedy is to stop using the Site.
We may also modify, suspend, restrict, or discontinue any part of the Site at any time without notice and without liability to you. We are not obligated to maintain, update, or continue publishing any content on the Site.
4. THE SITE IS INFORMATIONAL. IT IS NOT AN OFFER TO SELL
The Site is provided for general product information and marketing purposes only. Nothing on the Site constitutes an offer, solicitation, quotation, or commitment to sell any product, and no contract of sale is formed through the Site.
Growl sells through authorized distributors and dealers. All purchases are governed exclusively by the separate terms of sale, quotation, purchase order acknowledgement, invoice, or written supply agreement applicable to that transaction. Where those documents conflict with these Terms in respect of a sale, those documents govern the sale.
Product availability, specifications, packaging formats, pack and case counts, reorder codes, and pricing are subject to change without notice. Products shown on the Site may not be available in all regions or through all dealers.
Colours shown on the Site are approximate. Screen calibration, photography, and production lot variation mean that the colour of a product as displayed may not exactly match the product as supplied.
5. PRODUCT INFORMATION, SPECIFICATIONS, AND SAFETY
This Section is important. Read it before relying on any product information published on the Site.
5.1 Personal protective equipment requires a hazard assessment.
Growl products are industrial personal protective equipment. No glove, wipe, or hand cleaner protects against every hazard, and no product on the Site is represented as doing so. Selecting appropriate hand protection requires a hazard assessment specific to the task, the substances involved, the duration of exposure, the temperature, the mechanical demands, and the working environment. That assessment is the responsibility of the employer, the safety professional, and the end user, and not of Growl.
5.2 Ratings and test results describe laboratory conditions.
Published performance ratings, standards conformity statements, test results, certifications, and third party laboratory data describe how a representative sample of a product performed under the defined conditions of the applicable test method. They are not a warranty, guarantee, or prediction of performance in your workplace, and they do not establish safe exposure times, safe handling practices, or fitness for any particular application.
5.3 Chemical, permeation, and barrier data.
Where the Site publishes chemical resistance, permeation, degradation, or barrier test data, that data is reported for the specific chemical, concentration, temperature, and test method stated. Results do not carry over to other chemicals, other concentrations, mixtures, other temperatures, or other product lines or materials. Barrier performance degrades with wear, abrasion, contamination, prolonged contact, and improper donning or doffing.
5.4 Claims do not carry across product lines or materials.
Product claims apply only to the specific product and material for which they are published. A claim published for one product line, material, or thickness must not be assumed to apply to any other product, line, material, or thickness.
5.5 Correct use is a condition of protection.
Products must be inspected before each use, used only for their stated purpose, sized and worn correctly, and removed and replaced when damaged, degraded, contaminated, or worn. Disposable gloves are single use. Follow all instructions, warnings, and markings supplied with the product and on its packaging.
5.6 Regulatory responsibility.
You are responsible for confirming that any product you select satisfies the occupational health and safety, product, labelling, food handling, import, and workplace requirements applicable in your jurisdiction and industry.
5.7 Errors and omissions.
We use reasonable efforts to keep product information on the Site accurate and current, but the Site may contain typographical errors, inaccuracies, out of date specifications, or omissions. We reserve the right to correct any such error at any time without prior notice. Specifications are subject to change without notice and current specification sheets should be obtained from Growl or your authorized dealer before making a purchasing or safety decision.
6. AUTHORIZED DEALERS AND COUNTERFEIT PRODUCT
Growl products are sold through authorized distributors and dealers. Products obtained from any source that is not an authorized Growl dealer may be counterfeit, diverted, expired, mislabelled, improperly stored, or otherwise not genuine, and Growl accepts no responsibility of any kind for such products, including any warranty, performance, certification, or safety representation.
If you are unsure whether a supplier is authorized, contact us at sales@growlproducts.com before purchasing.
7. INTELLECTUAL PROPERTY
7.1 Ownership.
The Site and all of its contents, including text, product descriptions, photographs, product images, illustrations, icons, video, audio, graphics, page layouts, look and feel, data compilations, downloadable materials, and software, are owned by or licensed to Growl and are protected by Canadian, United States, and international copyright, trademark, trade dress, and other intellectual property laws.
7.2 Trademarks.
GROWL, the GROWL logo, Fiercely Protective, GrowlGRRRIP, GrowlTECH, GrowlTOWEL, ClawGUARD, ClawFORGE, ClawFORCE, ClawSKINZ, GrizzlyGRIT, Beartooth, and the associated logos, product names, taglines, and trade dress are trademarks of Growl, whether registered or unregistered. Nothing on the Site grants any licence or right to use any Growl trademark. You may not use any Growl trademark without our prior written permission, and you may not use any Growl trademark in a manner that is likely to cause confusion, that disparages Growl, or that suggests sponsorship, endorsement, or affiliation where none exists.
All other trademarks appearing on the Site are the property of their respective owners and are used for identification purposes only. Reference to a third party trademark does not imply any affiliation with or endorsement by that owner.
7.3 Limited licence to you.
Subject to your compliance with these Terms, we grant you a limited, revocable, non exclusive, non transferable, non sublicensable licence to access the Site and to view, download, and print content from the Site solely for your internal business use or personal, non commercial reference.
This licence does not permit you to: republish, redistribute, sell, licence, or commercially exploit any Site content; remove or alter any copyright, trademark, or proprietary notice; use Site content in any product, catalogue, listing, advertisement, or marketing material other than as expressly authorized by Growl in writing; or use the Site or its content to train, fine tune, or develop any machine learning or artificial intelligence model or dataset.
7.4 Authorized dealer marketing materials.
Growl may make product images, sell sheets, catalogue tiles, and other marketing assets available to authorized dealers. Any use of those assets is subject to the terms under which they were supplied and to any Growl brand and artwork requirements provided with them. Authorized dealers may not alter Growl product names, claims, ratings, reorder codes, or artwork.
8. PROHIBITED CONDUCT
You agree that you will not, and will not permit any other person to:
(a) use the Site for any unlawful purpose or in violation of any applicable law or regulation; (b) access or attempt to access any part of the Site, server, or system that is not intentionally made available to you, or circumvent any access control, security measure, or usage limit; (c) use any robot, spider, scraper, crawler, automated script, data mining tool, or similar means to access, extract, index, or copy the Site or its content, except that general purpose search engine crawlers may index the Site in accordance with our robots.txt file; (d) harvest, collect, or store any contact information, email address, or personal information from the Site; (e) introduce any virus, malware, worm, or other harmful code, or take any action that imposes an unreasonable load on our infrastructure or interferes with the proper working of the Site; (f) reverse engineer, decompile, or disassemble any part of the Site; (g) frame, mirror, or deep link to the Site in a manner that misrepresents the source of the content or that suggests an affiliation or endorsement where none exists; (h) misrepresent your identity or affiliation, or submit false, misleading, or fraudulent information through any form on the Site; or (i) use the Site to develop, market, or support a product or service that competes with Growl.
We may investigate any suspected violation and may suspend or terminate your access to the Site, in whole or in part, at any time and without notice. We may report suspected unlawful activity to law enforcement and cooperate with any resulting investigation.
9. YOUR SUBMISSIONS AND FEEDBACK
9.1 Information you send us.
The Site may allow you to contact us through a form, email link, or newsletter signup. Personal information you provide is handled in accordance with our Privacy Policy.
Do not send confidential, proprietary, or trade secret information through the Site. Any material you submit through the Site is submitted on a non confidential basis, and no confidential relationship is created by your submission.
9.2 Feedback and unsolicited ideas.
If you send us comments, suggestions, product ideas, reviews, photographs, or other material relating to Growl or its products ("Feedback"), you grant Growl a perpetual, irrevocable, worldwide, royalty free, fully paid, sublicensable, and transferable licence to use, reproduce, modify, adapt, publish, translate, distribute, and display that Feedback in any medium and for any purpose, including product development and marketing, without compensation, notice, or attribution to you. You represent that you own or control the rights necessary to grant that licence and that the Feedback does not infringe the rights of any third party.
9.3 Accuracy of information you provide.
You agree that any information you submit through the Site is accurate, current, and complete, and that you have the right to provide it.
10. DISCLAIMER OF WARRANTIES
THE SITE AND ALL CONTENT, INFORMATION, PRODUCT SPECIFICATIONS, TEST DATA, DOCUMENTS, AND MATERIALS MADE AVAILABLE THROUGH THE SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTY OR CONDITION OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GROWL DISCLAIMS ALL WARRANTIES AND CONDITIONS, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, ACCURACY, AND NON INFRINGEMENT.
GROWL DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY CONTENT ON THE SITE IS ACCURATE, COMPLETE, RELIABLE, CURRENT, OR SUITABLE FOR YOUR PURPOSES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM GROWL OR THROUGH THE SITE CREATES ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
NOTHING ON THE SITE CONSTITUTES SAFETY, ENGINEERING, LEGAL, REGULATORY, OR MEDICAL ADVICE. THE SITE IS NOT A SUBSTITUTE FOR A WORKPLACE HAZARD ASSESSMENT OR FOR THE INSTRUCTIONS, WARNINGS, AND SPECIFICATIONS SUPPLIED WITH A PRODUCT.
This Section does not apply to any separate written product warranty Growl provides with a product sold through an authorized dealer. That warranty, where given, stands on its own terms.
Some jurisdictions do not allow the exclusion of certain warranties or conditions. In those jurisdictions, the exclusions above apply only to the extent permitted by law, and nothing in these Terms limits any non waivable statutory right you may have as a consumer, including rights under the British Columbia Business Practices and Consumer Protection Act or comparable consumer protection legislation.
11. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GROWL, ITS AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, DATA, OR ANTICIPATED SAVINGS, ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITE OR ANY CONTENT ON IT, WHETHER THE CLAIM IS BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, STATUTE, OR ANY OTHER THEORY, AND EVEN IF GROWL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF GROWL AND THE PARTIES LISTED ABOVE FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SITE OR THESE TERMS WILL NOT EXCEED ONE HUNDRED CANADIAN DOLLARS (CAD $100).
THE FOREGOING LIMITATIONS APPLY EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. YOU ACKNOWLEDGE THAT THE SITE IS PROVIDED WITHOUT CHARGE AND THAT THESE LIMITATIONS REFLECT A REASONABLE ALLOCATION OF RISK BETWEEN THE PARTIES.
NOTHING IN THESE TERMS EXCLUDES OR LIMITS LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE, FOR FRAUD OR FRAUDULENT MISREPRESENTATION, OR FOR ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU IN FULL.
This Section governs liability arising from the Site. Liability arising from the sale or use of a product is governed by the terms of sale applicable to that transaction.
12. INDEMNIFICATION
You agree to defend, indemnify, and hold harmless Growl, its affiliates, and their respective directors, officers, employees, and agents from and against any claim, demand, action, proceeding, loss, liability, damage, cost, and expense, including reasonable legal fees, arising out of or relating to: (a) your use of the Site; (b) your breach of these Terms; (c) your violation of any applicable law or of the rights of any third party; or (d) any Feedback or other material you submit through the Site.
We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which case you agree to cooperate with our defence of that claim. You will not settle any claim affecting Growl without our prior written consent.
13. THIRD PARTY LINKS AND CONTENT
The Site may contain links to third party websites, catalogues, flip books, distributor sites, social media pages, and other resources, and may embed third party content. Those resources are not under our control. We provide links for convenience only. We do not endorse, and we are not responsible for, the content, accuracy, products, services, privacy practices, or availability of any third party resource. Your dealings with any third party are solely between you and that third party.
14. ELECTRONIC COMMUNICATIONS AND COMMERCIAL EMAIL
By providing your email address or contacting us through the Site, you consent to receive communications from us electronically, and you agree that electronic communications satisfy any legal requirement that a communication be in writing.
If you opt in to receive marketing communications, we will send commercial electronic messages in accordance with Canada's Anti Spam Legislation (CASL), the United States CAN SPAM Act, and other applicable law. Every commercial message will identify Growl, provide a valid mailing address, and include a functioning unsubscribe mechanism. You may withdraw consent at any time by using the unsubscribe link in any message or by contacting sales@growlproducts.com. Withdrawal of consent takes effect promptly and in any event within the period required by applicable law. We may still send you non commercial messages, such as a response to an enquiry you sent us.
15. PRIVACY
Our collection, use, and disclosure of personal information through the Site is described in our Privacy Policy, available at [INSERT PRIVACY POLICY URL], which forms part of these Terms. By using the Site, you acknowledge that you have read the Privacy Policy.
16. COPYRIGHT COMPLAINTS
If you believe that content on the Site infringes a copyright you own or control, send a written notice to the contact in Section 20 that includes: identification of the copyrighted work claimed to be infringed; identification of the material you claim is infringing and its location on the Site; your contact information; a statement that you have a good faith belief that the use is not authorized by the copyright owner, its agent, or the law; a statement that the information in your notice is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner; and your physical or electronic signature. We will review properly submitted notices and may remove or disable access to material we determine, in our discretion, to be infringing.
17. GOVERNING LAW AND FORUM
These Terms and any dispute, claim, or matter arising out of or in connection with them or with your use of the Site, whether contractual or non contractual, are governed by and construed in accordance with the laws of the Province of British Columbia and the federal laws of Canada applicable in that province, without regard to conflict of laws principles.
You and Growl irrevocably attorn and submit to the exclusive jurisdiction of the courts of the Province of British Columbia, sitting in Vancouver, British Columbia, and to the courts competent to hear appeals from those courts, for the resolution of any dispute arising out of or relating to these Terms or the Site. You waive any objection to venue in those courts on the basis of inconvenient forum.
The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.
Nothing in this Section prevents Growl from seeking injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property or confidential information.
If you are a consumer resident in a jurisdiction whose law grants you a non waivable right to bring proceedings in your place of residence or to have the law of that place apply, this Section does not remove that right.
To the fullest extent permitted by applicable law, any claim arising out of or relating to the Site or these Terms must be commenced within one (1) year after the claim arose, failing which it is permanently barred.
18. TERMINATION
We may suspend or terminate your access to the Site at any time, for any reason, without notice and without liability. Sections 5, 7, 9, 10, 11, 12, 17, 18, and 19 survive any termination.
19. GENERAL
Entire agreement. These Terms, together with the Privacy Policy and any notice posted on the Site, constitute the entire agreement between you and Growl regarding the Site, and supersede all prior understandings on that subject. They do not supersede any separate written agreement between you and Growl, including any dealer, distribution, or supply agreement or terms of sale.
Severability. If any provision of these Terms is held invalid, illegal, or unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, or if it cannot be so modified, severed, and the remaining provisions will continue in full force.
No waiver. Our failure to enforce any provision is not a waiver of that provision or of any other provision. A waiver is effective only if given in writing and signed by an authorized representative of Growl.
Assignment. You may not assign or transfer these Terms or any rights under them without our prior written consent. We may assign these Terms without restriction, including in connection with a merger, reorganization, or sale of assets.
No third party beneficiaries. Except for Growl affiliates and the persons identified in Sections 11 and 12, these Terms create no rights in favour of any third party.
Relationship. Nothing in these Terms creates a partnership, joint venture, agency, franchise, or employment relationship between you and Growl.
Force majeure. Growl is not liable for any failure or delay caused by events beyond its reasonable control.
Headings. Headings are for convenience only and do not affect interpretation.
Language. It is the express wish of the parties that these Terms and all related documents be drawn up in English. Les parties conviennent expressement que la presente convention ainsi que les documents qui s'y rattachent soient rediges en anglais.
20. ACCESSIBILITY
We are working to keep the Site accessible to as many people as possible. If you encounter a barrier to accessing any part of the Site, contact us at sales@growlproducts.com or 888-583-0095 and we will work with you to provide the information you need in an accessible format.
21. CONTACT US
Questions about these Terms should be sent to:
Growl Products Inc. Unit 580, 8621 201 Street Langley, BC V2Y 0G9 Canada
Growl Products US Inc. 1 Industry Drive Bedford, OH 44146 USA
Email: sales@growlproducts.com Phone: 888-583-0095