Terms of service
Effective: October 8, 2025
Grove Collaborative operates an ecommerce service and related services through grove.com, grove.co, mobile applications, and related sites accessible to mobile devices, tablets, and other connected devices (collectively, the “Grove Collaborative Service” or “Service”). As used in this policy, “Grove Collaborative” refers to Grove Collaborative, Inc. and its subsidiaries. We may refer to Grove Collaborative as “we”, “us”, or “our”. We may refer to you as “consumer”, “you”, or “your”.
IMPORTANT NOTICE REGARDING DISPUTE RESOLUTION: THESE GROVE COLLABORATIVE TERMS CONTAIN MANDATORY, INFORMAL PRE-SUIT DISPUTE RESOLUTION PROCEEDINGS, A CLASS ACTION WAIVER, A JURY TRIAL WAIVER, AND REQUIRE ARBITRATION ON AN INDIVIDUAL BASIS IN CERTAIN JURISDICTIONS TO RESOLVE CLAIMS. PLEASE SEE SECTION 26 (INCLUDING SUBSECTIONS) FOR COMPLETE DETAILS AND REVIEW CAREFULLY. PLEASE READ THESE ENTIRE TERMS OF SERVICE CAREFULLY BEFORE USING THE SERVICE.
THE SERVICE IS OFFERED TO YOU SUBJECT TO YOUR ACCEPTANCE OF THESE GROVE COLLABORATIVE TERMS OF SERVICE. PLEASE READ THE FOLLOWING GROVE COLLABORATIVE TERMS OF SERVICE CAREFULLY. BY CLICKING OR TAPPING “I ACCEPT”, BY SELECTING “PLACE ORDER” OR ANY OTHER AVAILABLE EXPRESS PAYMENT OPTION, BY SUBMITTING A SURVEY, OR BY ACCESSING OR USING THE SERVICE IN ANY MANNER, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE GROVE COLLABORATIVE TERMS. IF YOU ARE NOT ELIGIBLE, OR AT ANY TIME, DO NOT AGREE TO THE GROVE COLLABORATIVE TERMS, YOU MAY NOT USE THE SERVICE.
1. Privacy Policy
Please read our Privacy Policy carefully for information relating to our collection, use, storage and disclosure of your information. The Grove Collaborative Privacy Policy is incorporated into and is subject to these Grove Collaborative Terms.
2. Additional Terms
Your use of the Service is subject to any additional terms, rules, or guidelines applicable to the Service or certain features of the Service that we may post and you may accept (the “Additional Terms”). All such Additional Terms are hereby incorporated by reference into, and made a part of, the Grove Collaborative Terms. The Additional Terms include, but are not limited to
- Grove Collaborative Privacy Policy
- Grove Collaborative Refund Policy
- Grove Collaborative Accessibility Statement
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Green Rewards Terms of Service (for Green Rewards Members) (coming soon)
3. Grove Collaborative Subscriptions
Grove offers multiple kinds of subscriptions. First, when you add an item to your cart, you may be given the opportunity to sign up to a product subscription program that provides monthly shipments of products in previous orders (“Autoship”). Second, you may sign up for Grove’s Green Rewards VIP Membership and be automatically enrolled in the Green Rewards Program, each as further described below. Green Rewards VIP Membership and Autoship are collectively referred to as “Grove Subscriptions”. The Grove Subscriptions will automatically renew for additional intervals (Autoship will ship at a cadence of your choosing and VIP will renew annually), unless you cancel or modify your Grove Subscriptions. After opening your account with Grove Collaborative and completing your first order, you may cancel your Grove Subscriptions at any time (as described below) and continue to use the Service. For additional information on how Grove Subscriptions work read the Overview below.
4. Grove Collaborative Subscription Overview
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How Product Subscriptions work. When you subscribe to specific products on the Service for Autoship, you may sign up to receive automatic shipments of those products, except when a subscribed product is unavailable (out of stock, discontinued, etc.) or otherwise requires a reasonable substitution as determined by Grove Collaborative in its sole discretion. Your subscribed products will be automatically shipped to you on a personalized, customizable schedule based on the frequency you choose for each product. Non-subscribed products that you add to your cart will automatically ship with your subscribed products so that you get everything at the same time. If you do not modify your product subscription frequencies, the product subscriptions will be automatically shipped to you at the default cadence set by Grove for the product. We will automatically charge your stored method of payment for your purchase of subscribed products that are automatically sent to you. Certain products may be added to your orders as gifts, at no charge to you, and will not be included in future shipments.
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Product Availability and Substitutions. By subscribing, you understand and agree that we may send reasonable substitutions in a variety of circumstances, such as when products are unavailable, when your initial order includes a bundle consisting in part of certain non-consumable goods (e.g. buckets, spray bottles, etc.) that you might not want replenished, when product packaging or other features change or are updated, or when we send you a full size version of products that were initially purchased in a trial or sample size. Substitutions may include the same product in a different scent or flavor, the same product in a different size, the same product in different packaging, only the consumable products of a bundle, or a change in your order to move the affected product to a different subscription or order (and shipping separately).
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Notices for Upcoming Orders. You will be notified of all future orders at the email address you provided and you may be notified via SMS if you provide us with a phone number, so that you may review, change or cancel your order before shipment. At least one email before each shipment will list the items in your upcoming shipment and the price of each item, and may reflect product substitutions or pricing changes. PLEASE REVIEW THESE EMAILS CAREFULLY. IF YOU DO NOT EDIT YOUR ORDER, YOU ARE AGREEING TO PURCHASE THE ITEM(S) LISTED IN THE NOTICE EMAIL.
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Changing or Canceling Autoship. You may modify the shipment dates of your Autoship, change your product subscriptions, or cancel Autoship altogether.
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To change the date of your next Autoship order shipment, log into your account prior to 11:59 p.m. PST on the day before the ship date specified in your Account Settings and visit your "Product Subscriptions" page:
https://www.grove.co/pages/subscriptions, select "Change Date" and set the desired shipment date.
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To remove or add products to your next Autoship order shipment, log into your account prior to 11:59 p.m. PST on the day before the ship date specified in your Account Settings for your then-current order, go to “Your Cart”, and make changes.
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To change the date of your next Autoship order shipment, log into your account prior to 11:59 p.m. PST on the day before the ship date specified in your Account Settings and visit your "Product Subscriptions" page:
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- To change what Autoship products you are subscribed to, log into your account and under your Account Settings page visit your “Product Subscriptions” page: https://www.grove.co/pages/subscriptions to see and update your product subscriptions.
- Buying Without Product Subscriptions. You do not need a product subscription to purchase products from us. If you do not have an active product subscription (or otherwise cancel your product subscriptions), you will not receive product shipments automatically. You may still purchase products from us on a one-off basis at any time.
Green Rewards VIP Membership (formerly “VIP Membership”).
We offer a Green Rewards VIP membership (“VIP Membership”) for an annual fee.
- VIP Membership Automatically renews. Your paid VIP Membership will automatically renew each year and you authorize us to automatically charge your stored method of payment a one-year subscription fee ($29.99 plus applicable tax, based on your zip code) on an annual basis on or around the anniversary of the date you enrolled in VIP Membership, until you cancel. The VIP Membership fees are non-refundable, however, if you feel that you were charged in error (and you have not made use of the VIP Membership benefits, including free shipping for orders over $29) and contact Grove at support@grove.co within 30 (thirty) days from the date of the charge, Grove may refund the subscription fees, at its sole discretion.
- Canceling VIP. You can cancel or manage your VIP Membership, and find your annual expiration date from the VIP Membership link on the Account Settings page. You may also cancel your VIP Membership by emailing support@grove.co. If you cancel your VIP Membership subscription after 30 days or more of the charge date of your subscription, your VIP Membership subscription will continue for the remainder of that subscription period and you will not receive a refund.
5. Green Rewards Program
When you (i) place an order, or (ii) sign up for VIP Membership, we will automatically enroll you in the Green Rewards Program. See the Green Rewards Terms and Conditions (coming soon) for full details on the Green Rewards Program.
6. Eligibility
You must be at least 18 years of age to use the Service. By agreeing to these Grove Collaborative Terms or by using the Service, you represent and warrant to us: (i) that you are at least 18 years of age; (ii) that you have not previously been suspended or removed from the Service; and (iii) that your registration and your use of the Service is in compliance with any and all applicable laws and regulations. If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Grove Collaborative Terms and that you agree to be bound by them on behalf of that organization.
7. Accounts and Registration
You need an account to use most features of the Service, and you may be required to be logged into your account and have a valid payment method associated with it. You may visit your Account Settings to manage your payment information. You are responsible for maintaining the confidentiality of your account and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account. You agree that the information you provide to us is and will be accurate, complete and up-to-date at all times. If you provide any information that is inaccurate, incomplete or not up-to-date, or if we determine in our sole discretion that such information may be inaccurate, incomplete or not up-to-date, we have the right to suspend or terminate your account and refuse you any and all current or future use of Service. You may not register for more than one account or register for an account on behalf of an individual other than yourself. If you have reason to believe that your account is no longer secure, immediately notify us at support@grove.co.
8. Payment, Credit Card Billing, Automatic Renewal, and Recurring Charges
Fees to access the service. Access to certain features of the Service and certain Grove Subscriptions (such as Green Rewards VIP Membership]), may require you to pay enrollment or membership fees plus applicable tax. We also charge fees for shipping. Orders containing product subscriptions will be charged in amounts that may vary based on the type, quantity and frequency of the products that you have selected and subscribed to.
Changes to Fees and Pricing. Grove Collaborative may change any fees associated with the Service, including its shipping fees and the Green Rewards VIP Membership fee, on a going forward basis in any manner and at any time by providing notice by email or other communications. Product pricing and discounts offered on the Service are subject to change at Grove Collaborative’s discretion. Grove Collaborative reserves the right to change product pricing in any manner and at any time by publishing the new prices on the Service. Product pricing changes will be effective when published.
Methods of Payment. All amounts charged are in U.S. Dollars. You must provide us with a valid credit card (Visa, MasterCard, or any other issuer accepted by us) or PayPal account (“Payment Provider”). We will charge the Payment Provider you specify in your Account Setting. By providing your Payment Provider information, you authorize us or our third party payment processors to charge: (i) all membership or enrollment fees to such Payment Provider; and (ii) all fees associated with the Delivery Service and Subscription Service, including, without limitation, all applicable taxes, product costs and shipping fees, to such Payment Provider prior to shipment and on a per-delivery basis. If you pay any applicable fees with a credit card, we may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase. If we do not receive payment from your Payment Provider, you must pay all amounts due upon demand and we may suspend your access to the Service until such amounts are paid. All sales are final and, except as provided in our refund policy, we will not issue refunds or accept returns.
Minimums. Your order must meet a certain dollar value of purchased products to be eligible for free shipping. These minimum amounts vary depending on the type of plan and the type of membership you selected, and are subject to change at Grove Collaborative’s discretion. For more information on order minimums, please see our FAQs.
Authorization for Automatic Renewal of Grove Subscriptions. Your Grove Subscriptions will automatically charge as described above unless and until you cancel. You hereby authorize us to charge your Payment Provider now, and again at the beginning of any subsequent subscription period or order. Upon renewal of your subscription, if Grove Collaborative does not receive payment from your Payment Provider, (i) you agree to pay all amounts due on your account upon demand, and/or (ii) you agree that Grove Collaborative may either terminate or suspend the Subscription Services and continue to attempt to charge your Payment Provider until payment is received (upon receipt of payment, your account will be activated and for purposes of automatic renewal, your new subscription commitment period will begin as of the day payment was received). We will send you reminders of your upcoming subscription charges.
Third Party Providers. We use and reserve the right to continue using third party payment providers (“Payment Processors”). Your electronic payment of fees through any Payment Processors is also governed by the Payment Processors’ terms of service and privacy policy. Currently, we use Stripe, Inc. (“Stripe”), PayPal, Inc. (“PayPal”), Shopify, Inc. (“Shop Pay”), Google Payment Corp. (“Google Pay”), and Apple Inc. (“Apple Pay”) as our Payment Processors for payment services (e.g., card acceptance and related services), but may add others from time to time. By making payments via the Service, you agree to be bound by Stripe’s US Terms of Service available at https://stripe.com/us/terms and Privacy Policy available at https://stripe.com/us/privacy, PayPal’s User Agreement available at https://www.paypal.com/us/webapps/mpp/ua/useragreement-full and Privacy Policy available at https://www.paypal.com/us/webapps/mpp/ua/privacy-full , Shop Pay’s Terms of Service available at https://shop.app/terms-of-service and Privacy Policy available at https://www.shopify.com/legal/privacy/consumers, Google Pay’s Terms of Service available at https://payments.google.com/payments/apis-secure/u/0/get_legal_document?ldo=0&ldt=buyertos&ldr=us and Privacy Policy available at https://policies.google.com/privacy?hl%3Den-US, and Apple Pay’s Terms of Service available at https://www.apple.com/legal/internet-services/apple-pay-wallet/us/ and Privacy Policy available at https://www.apple.com/legal/privacy/, as applicable. You hereby consent to provide and authorize Grove Collaborative and the Payment Processors to share any information and payment instructions you provide to the extent required to complete the payment transactions in accordance with the Grove Collaborative Terms, including personal, financial, credit card payment, and transaction information.
9. Order Acceptance
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order. We reserve the right at any time after receipt of your order to accept or decline your order for any reason. We further reserve the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. Your order will be deemed accepted by Grove Collaborative upon our delivery of the products that you have ordered. We may require additional verifications or information before accepting any order.
10. Order Changes and Cancellations
You may cancel orders provided that we have not begun to process the products in your order for shipment. You may do this by contacting the Support team at support@grove.co.
Your orders and your shipment dates can be modified at any time before 11:59 p.m. on the day before the ship date specified in your Account Settings for your then-current order. You may update the date of your shipment and/or the items in your shipment, on grove.co/cart. If you would like to cancel Autoship, you can go to https://www.grove.co/pages/subscriptions and click “Cancel All Product Subscriptions”.
11. Shipping Liability
We use third party carriers to ship items that you purchase, and as a result, the risk of loss and title for such items pass to you upon our delivery to the carrier.
12. Refunds
Subject to the Grove Collaborative Refund Policy, you may request a refund in the form of store credit if you are not completely satisfied with your purchase. Please read the Grove Collaborative Refund Policy for complete details on how to request a refund.
13. User Generated Content
Our Service provides an opportunity for you to post information in public areas of the Service such as your reviews and ratings of specific products or the Service (“Customer Reviews”) or other information provided to public areas of the Service (collectively, “User Generated Content”).
License Grant to Grove Collaborative and other Customers. You retain ownership of copyright and any other proprietary rights you hold in User Generated Content that you post to the Service. By posting User Generated Content, you grant Grove Collaborative a worldwide, non-exclusive, royalty-free, transferable right and license (with the right to sublicense) to host, store, transfer, display, perform, reproduce, modify, create derivative works of, and distribute your User Generated Content, in whole or in part, in any media formats and through any media channels (now known or hereafter developed). Any such use of your User Generated Content by Grove Collaborative may be without any compensation paid to you. By posting and sharing User Generated Content on the Service, you hereby grant each user of the Service a worldwide, non-exclusive license to access and use your User Generated Content in connection with the Service.
User Generated Content Representations and Warranties. You are solely responsible for your User Generated Content and the consequences of posting or publishing User Generated Content. By posting and publishing User Generated Content, you affirm, represent, and warrant that:
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You are the creator and owner of, or have the necessary licenses, rights, consents, and permissions to use and to authorize Grove Collaborative and users of the Service to use and distribute, your User Generated Content as necessary to exercise the licenses granted by you in these Grove Collaborative Terms.
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Your User Generated Content, and the use of it, does not and will not: (i) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right or any other intellectual property or proprietary right; or (ii) slander, defame, libel, or violate the right of privacy, publicity or other property rights of any other person.
User Generated Content Disclaimer. Customer Reviews are the author’s opinion. They are not our opinion; we have not verified them or approved them. We are not obligated to edit, investigate, or control User Generated Content that you and other users post or publish, and we will not be in any way responsible or liable for User Generated Content. However, we may at any time, and without prior notice, remove any User Generated Content that in our sole judgment violates these Grove Collaborative Terms or is otherwise objectionable. You understand that when using the Service you will be exposed to User Generated Content from a variety of sources and acknowledge that User Generated Content may be inaccurate, offensive, indecent or objectionable. You may request removal of a review that you believe violates this Agreement by contacting the Support team at support@grove.co; but we are not obligated to honor your request.
14. Proprietary Rights of Grove Collaborative
The visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), products, software, services, and all other elements of the Service provided by Grove Collaborative (the “Materials”) are protected by all relevant intellectual property and proprietary rights and applicable laws. Except for any User Generated Content, all Materials contained in the Service are the property of Grove Collaborative or our third-party licensors. Subject to these Grove Collaborative Terms, we grant you a limited license to reproduce portions of the Materials for the sole purpose of using the Service for your personal or internal business purposes. Except for this limited license, nothing herein shall be interpreted to grant you any right or license under any intellectual property rights of Grove Collaborative or any of its affiliates or partners.
- Trademarks. Click here to see a non-exhaustive list of Grove Collaborative trademarks. In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through our Service are trademarks or trade dress of Grove Collaborative in the United States and other countries. You may not use our trademarks or trade dress in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers or members of the public, or in any manner that disparages or discredits Grove Collaborative. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Service are the properties of their respective owners who may or may not be affiliated with, connected to, or sponsored by Grove Collaborative, and may not be copied, imitated or used, in whole or in part, without the permission of the applicable trademark holder.
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Copyrights. All content included in or made available through the Service or the Service or on product labels or packaging, such as text, graphics, designs, logos, button icons, images, audio clips, digital downloads, data compilations, look and feel of the Service, and software (“Service Content”) is the property of Grove Collaborative or its content suppliers and is protected by United States and international copyright laws. Except for any User Generated Content, all Service Content contained in the Service or on the Service is the property of Grove Collaborative or our third-party licensors. The compilation of all content included in or made available through the Service is our exclusive property. Subject to these Grove Collaborative Terms, Grove Collaborative grants you a limited license to reproduce portions of the Service Content for the sole purpose of using the Service for your personal or internal business purposes. Except for this limited license, nothing herein shall be interpreted to grant you any right or license under any intellectual property rights of Grove Collaborative or any of its affiliates or partners.
- Patents. The listed products and/or the use of the listed products in a method may be covered by one or more U.S. and/or foreign patents, as set forth below. Other patent applications are pending. This page is intended to serve as notice under 35 U.S.C. § 287(a).
- Auto-Dosing Laundry Detergent Dispenser: U.S. Patent Nos. 10,444,049 and 10,942,052
- Canadian Ind. Design Regn. Nos. 188562, 200006, 200007, 200008, 200009, and 200010
- Chinese Design Patent No. ZL201930337370.8.
- Auto-Dosing Laundry Detergent Dispenser: U.S. Patent Nos. 10,444,049 and 10,942,052
15. Digital Millennium Copyright Act
It is Grove Collaborative’s policy to terminate membership privileges of any user who repeatedly engages in copyright infringement upon prompt notification to us by the copyright owner or the copyright owner’s legal agent.
If you are a copyright owner or an agent thereof, and believe that any content on the Service infringes your copyrights, you may contact our Designated Agent at the following address:
Grove Collaborative
Attn: Designated Agent
1301 Sansome Street
San Francisco, CA 94111
E-mail: legal@grove.co
Your notice must include
- your physical or electronic signature;
- identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material;
- a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed
If the content you submitted to the Service is removed and you wish to contest such removal, you may contact our Designated Agent (indicated above). Your written notice must include
- your physical or electronic signature
- identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled
- a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled
- your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which Grove Collaborative may be found, and that you will accept service of process from the person who provided notification.
16. Prohibited Conduct
You will not engage in the following behaviors.
Use the Service for any illegal purpose, or in violation of any local, state, national, or international law
- Violate, or encourage others to violate, the rights of third parties, including by infringing or misappropriating third party intellectual property rights
- Use the Service for any commercial purpose, or for any purpose that is fraudulent or otherwise tortious or unlawful.
- Post, upload, or distribute any content that is unlawful, defamatory, libelous, inaccurate or that a reasonable person could deem to be objectionable, profane, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate
- Interfere with security-related features of the Service, including by: (i) disabling or circumventing features that prevent or limit use or copying of any content; or (ii) reverse engineering or otherwise attempting to discover the source code of the Service or any part thereof except to the extent that such activity is expressly permitted by applicable law
- Make available any virus, adware, spyware, worm, Trojan horse, Easter egg, time bomb, spyware, malicious code, or other computer code, file or program that is or is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software, or equipment
- Make unsolicited offers or advertisements to other users of the Service
- Attempt to collect, personal information about users or third parties without their consent
- Perform any fraudulent activity including impersonating any person or entity (including Grove Collaborative or any of our brands), claiming false affiliations (including affiliations with Grove Collaborative or any of our partners), accessing the Service accounts of others without permission, or falsifying your age or date of birth
- Sell or otherwise transfer your account or content associated with your account
- Use the Service or any of Grove Collaborative’s names, logos, or brands without our written consent, including, but not limited to (i) send any unsolicited or unauthorized content, including advertising, promotional materials, email, junk mail, spam, or other form of solicitation; or (ii) use any meta tags or other hidden text or metadata utilizing a Grove Collaborative trademark, logo, URL, or product name without our written consent
- Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or otherwise gather any material, or reproduce or circumvent the navigational structure or presentation of the Service, without our express prior written consent
- Frame or mirror any portion of the Service, or otherwise incorporate any portion of the Service into any product or service, unless you obtain our express prior written consent to do so
- Attempt to do anything, or permit, encourage, assist, or allow any third party to do anything, prohibited in these Grove Collaborative Terms, or attempt, permit, encourage, assist, or allow any other violation of these Grove Collaborative Terms of Service, our Refund Policy, Green Rewards Terms of Service, or other applicable policies.
17. Third Party Services and Linked Websites
We may, now or in the future, provide tools through the Service that enable you to export information from the Service to third party services, including through features that allow you to link your account on Grove Collaborative with an account on the third party service, such as Twitter or Facebook or through our implementation of third party buttons (such as “like” or “share” buttons). By using these tools, you agree that we may transfer such information to the applicable third party service. Such third party services are not under our control, and we are not responsible for their use of your exported information. The Service may also contain links to third-party websites. Such linked websites are not under our control, and we are not responsible for their content.
18. Termination of Use; Discontinuation and Modification of the Service
These Grove Collaborative Terms are effective on the date when you accept them (as described in the preamble above) and remain in full force and effect while you use any portion of the Service and for so long as you have an account on the Service, unless terminated earlier in accordance with these Grove Collaborative Terms. If you violate these Grove Collaborative Terms, your permission to use the Service will automatically terminate. Additionally, we, in our sole discretion, may terminate your account on the Service or suspend or terminate your access to the Service at any time, with or without notice. If we terminate your access to the Service, we may, in our sole discretion, either fulfill any orders for which you have already paid or refund you the relevant amounts paid. We also reserve the right to modify the Service at any time without notice to you. We will have no liability whatsoever on account of any change to the Service and other than as specified in this paragraph, we will have no liability as a result of any suspension or termination of your access to or use of the Service. You may terminate your account at any time by contacting customer service at support@grove.co. If you terminate your account, you will remain obligated to pay all outstanding fees, if any, relating to your use of the Service incurred prior to termination.
19. Electronic Communications; SMS and Text Messaging
How We Communicate With You. The Service allows you to receive electronic communications (including emails and SMS/MMS mobile messages) intended to provide you with information about the Service, upcoming orders, offers, products and services. We will communicate with you electronically via email, SMS messaging or through the Service when you access or use the Service, send us emails or SMS messages, or when we post notices on the Service or otherwise communicate with you via email or text.
Consents for Electronic Communications. You (1) consent to receive communications from Grove Collaborative electronically; (2) agree that these communications will be subject to these Grove Collaborative Terms of Service, including our Privacy Policy; and (3) accept that all terms and conditions, agreements, notices, disclosures, and other communications that Grove Collaborative provides to you electronically satisfy applicable legal requirements for written communications. The foregoing does not affect your statutory rights.
Text Messaging. Depending on the consent provided, Grove may send automated and non-automated text messages that provide you with (1) information you have requested; (2) updates regarding your transactions with us; (3) updates regarding items in your cart; and/or (4) offers, marketing or promotional information about Grove, Grove products and Grove services (collectively, “Grove Texts”). Information you provide in Grove Texts will be handled as described in our Privacy Policy
- When you sign up for our Service and provide your mobile number, you expressly provide prior written consent to receive Grove Texts to remind you about upcoming orders and for other customer support, account or Service-related purposes at the mobile number provided.
- If you enroll in a Grove Text messaging program for marketing or promotional information, you will be asked to consent expressly by providing us with your mobile number and/or confirming your election to opt-in via text and this will constitute your signature to agree to receive recurring marketing Grove Texts, including messages sent through an automatic telephone dialing system, where such messages may be sent by us or our vendors to the mobile number you provided at opt-in. Your consent does not suggest or imply that any text messages are in fact sent using an automatic telephone dialing system. Your consent is not a condition of making any purchase.
- Message frequency will vary. The number of Grove Texts that you receive will vary depending on a number of factors, including how you use the Service, your order frequency and applicable Grove programs.
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Message and data rates may apply. We do not charge a fee for Grove Text messaging programs and assume no responsibility for charges by your carrier that you may incur when you sign up to receive text messages from us.
- No liability for delayed or undelivered messages. Messages may not be delivered to you due to a variety of circumstances or conditions. Neither Grove nor any carrier is responsible for any delayed or undelivered messages.
- You may opt out of a Grove Text messaging program at any time by texting STOP to the number from which the text messages are being sent. You will receive a final confirmation message to confirm that you will no longer receive text messages unless you opt back in. You acknowledge that our program platforms may not recognize and respond to unsubscribe requests that do not include the STOP keyword command and agree that Grove and its service providers will have no liability for failing to honor such requests.
- To request more information, text HELP to the number from which text messages are being sent. You may also receive help by contacting us at: support@grove.co.
- Please notify us immediately if you change your mobile phone number to avoid sending notifications to the wrong number. To notify us of any change contact Grove at support@grove.co.
20. Changes to these Grove Collaborative Terms
We reserve the right, at our discretion, to change the Grove Collaborative Terms on a going forward basis at any time. When changes are made, we will make a new copy of these Terms available on the Service and will update the “Last Updated” date at the top of these Terms. In the event that a change to these Terms materially modifies your rights or obligations and you have registered for an account with us, we will notify you via email of the new Grove Collaborative Terms. Any changes to these Terms will be effective immediately for new users and will be effective fourteen (14) days after posting notice of such changes on the Service for existing users, provided that any material modifications will be effective for users who have an account with us upon the earlier of fourteen (14) days after posting notice of such changes on the Service or fourteen (14) days after dispatch of an email notice of such changes. We may require you to provide consent to the updated Grove Collaborative Terms in a specified manner before further use of the Service or Service is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you will stop using the Service and Service. OTHERWISE, YOUR CONTINUED USE OF THE SITE OR SERVICE CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGE(S). Please check these Terms regularly for changes.
21. Indemnity
You agree that you will be personally responsible for your use of the Service, and you agree to defend, indemnify and hold harmless Grove Collaborative and its officers, directors, employees, consultants, partners, licensors, affiliates, subsidiaries and agents (collectively, the “Grove Collaborative Entities”) from and against any and all claims, liabilities, damages, losses and expenses, including reasonable attorneys’ and accounting fees and costs, arising out of or in any way connected with: (i) your misuse of the Service; (ii) your violation of the Grove Collaborative Terms or any representation, warranty, or agreements referenced herein, or any applicable law or regulation; (iii) your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; or (iv) any disputes or issues between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim. You agree that the provisions in this section will survive any termination of your account, the Grove Collaborative Terms or your access to the Service.
22. No Medical Advice
NOTHING STATED OR POSTED ON THE SERVICE OR AVAILABLE THROUGH ANY GROVE SITE, COMMUNICATION OR PRODUCT IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, MEDICAL OR OTHER LICENSED PROFESSIONAL ADVICE. GROVE COMMUNICATIONS, GRAPHICS, IMAGES, AND INFORMATION OBTAINED FROM THE SERVICE ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT OR OTHER PROFESSIONAL SERVICES OR ADVICE. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY.
23. Disclaimer of Warranties.
Grove Collaborative cannot and does not represent or warrant that the Service or its server will be error-free, uninterrupted, free from unauthorized access (including third-party hackers or denial of service attacks), or otherwise meet your requirements.
THE SERVICE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS, SERVICES, AND USER GENERATED CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE (COLLECTIVELY, THE "SITE CONTENTS") ARE PROVIDED BY GROVE COLLABORATIVE ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. GROVE COLLABORATIVE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICE, THE ACCURACY OR COMPLETENESS OF THE SITE CONTENTS, OR THAT EMAILS SENT FROM GROVE COLLABORATIVE ARE FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMITTED BY LAW, GROVE COLLABORATIVE DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE SERVICE AND THE SITE CONTENTS, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE OR USE.
CERTAIN PROVIDERS OF PRODUCTS MAY SEPARATELY PROVIDE LIMITED REPRESENTATIONS AND/OR WARRANTIES REGARDING THEIR PRODUCTS. THIS DISCLAIMER DOES NOT APPLY TO SUCH PRODUCT WARRANTIES.
GROVE COLLABORATIVE DOES NOT REPRESENT OR WARRANT THAT THE NUTRITION, INGREDIENT, ALLERGEN, AND OTHER PRODUCT INFORMATION ON OUR SERVICE IS ACCURATE OR COMPLETE SINCE THIS INFORMATION IS PROVIDED BY THE PRODUCT MANUFACTURERS OR SUPPLIERS AND ON OCCASION MANUFACTURERS MAY MODIFY THEIR PRODUCTS AND UPDATE THEIR LABELS. WE RECOMMEND THAT YOU DO NOT RELY SOLELY ON THE INFORMATION PRESENTED ON OUR SERVICE AND THAT YOU CONSULT THE PRODUCT’S LABEL OR CONTACT THE MANUFACTURER DIRECTLY IF YOU HAVE A SPECIFIC DIETARY CONCERN OR QUESTION ABOUT A PRODUCT.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES, OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY IN FULL TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS.
IF FOR ANY REASON YOU ARE NOT SATISFIED WITH A PURCHASE YOU MAKE VIA THE SERVICE, YOU MAY REQUEST A REFUND IN ACCORDANCE WITH OUR REFUND POLICY.
24. Limitation of Liability
IN NO EVENT WILL THE GROVE COLLABORATIVE ENTITIES BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR ANY OTHER LEGAL THEORY, WHETHER OR NOT THE GROVE COLLABORATIVE ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE. YOU ACKNOWLEDGE AND AGREE THAT THE AGGREGATE LIABILITY OF THE GROVE COLLABORATIVE ENTITIES TO YOU FOR ANY AND ALL CLAIMS ARISING FROM OR RELATED TO THE USE OF THE SERVICE OR ANY OTHER INTERACTIONS WITH GROVE COLLABORATIVE IS LIMITED TO THE GREATER OF (i) THE AMOUNTS YOU HAVE PAID TO GROVE COLLABORATIVE FOR ACCESS TO AND USE OF THE SERVICE IN THE TWELVE (12) MONTHS PRIOR TO THE CLAIM OR (ii) $100.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU, AND YOU MAY HAVE RIGHTS ADDITIONAL TO THOSE CONTAINED HEREIN. THE FOREGOING PARAGRAPH SHALL NOT APPLY TO RESIDENTS OF NEW JERSEY. WITH RESPECT TO RESIDENTS OF NEW JERSEY, THE GROVE COLLABORATIVE ENTITIES SHALL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICE, OR ANY MATERIALS THEREIN UNLESS SUCH DAMAGES OR INJURIES ARE THE RESULT OF GROVE COLLABORATIVE’S NEGLIGENT, FRAUDULENT OR RECKLESS ACTS OR INTENTIONAL MISCONDUCT.EACH PROVISION OF THESE THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN YOU AND GROVE COLLABORATIVE. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND GROVE COLLABORATIVE. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE(S).
IF YOU ARE DISSATISFIED WITH THE PRODUCTS DELIVERED THROUGH THE SERVICE, YOUR SOLE RECOURSES ARE OUR REFUND POLICY (DESCRIBED ABOVE), AND ANY WARRANTY OFFERED BY THE RELEVANT MANUFACTURER.
25. General
The Grove Collaborative Terms, together with any other agreements expressly incorporated by reference herein, constitute the entire and exclusive understanding and agreement between you and Grove Collaborative regarding your use of and access to the Service. You may not assign or transfer these Terms or your rights hereunder, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice. The failure to require performance of any provision shall not affect our right to require performance at any time thereafter, nor shall a waiver of any breach or default of these Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself. Use of paragraph headers in these Terms is for convenience only and shall not have any impact on the interpretation of particular provisions. We will not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials. In the event that any part of these Terms is held to be invalid or unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remaining parts will remain in full force and effect. Upon termination of these Terms, any provision which, by its nature or express terms should survive, will survive such termination or expiration.
26. Dispute Resolution; Arbitration Agreement; Class Action Waiver
PLEASE READ THIS ENTIRE SECTION 26 (INCLUDING SUBSECTIONS) CAREFULLY, AS IT INCLUDES A CLASS ACTION WAIVER AND A JURY TRIAL WAIVER AND REQUIRES ARBITRATION ON AN INDIVIDUAL BASIS IN CERTAIN JURISDICTIONS.
THE PARTIES TO THESE TERMS ACKNOWLEDGE THAT THE TERMS OF THIS SECTION 26 ARE INTENDED TO REDUCE THE FINANCIAL BURDENS ASSOCIATED WITH RESOLVING THEIR CLAIMS AND ARE NOT INTENDED TO DELAY ADJUDICATION OF ANY PARTY’S CLAIMS.
THE PROCEDURES AND OTHER TERMS IN THIS SECTION APPLY TO ANY AND ALL CLAIMS, DISAGREEMENTS, DISPUTES OR CONTROVERSIES BETWEEN YOU AND GROVE COLLABORATIVE OR ITS OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, PARENTS, AFFILIATES, SUBSIDIARIES AND/OR RELATED COMPANIES (EACH, A “PARTY” AND, TOGETHER, THE “PARTIES”), REGARDLESS OF WHEN SUCH CLAIM AROSE (EACH, A “CLAIM”), INCLUDING BUT NOT LIMITED TO:
- CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE, TO THE USE OR ACCESS TO THE SERVICE, TO OUR ADVERTISING, TO THE PRODUCTS, SERVICES, MATERIALS, PROGRAMS OR OTHER FEATURES OFFERED, ADVERTISED, MARKETED AND/OR SOLD BY GROVE COLLABORATIVE, AND/OR TO THESE TERMS.
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CLAIMS THAT AROSE BEFORE THESE TERMS OR ANY PRIOR VERSION OF THESE TERMS;
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CLAIMS THAT ARE OR WOULD OTHERWISE BE SUBJECT TO PRE-EXISTING PURPORTED CLASS ACTION LITIGATION FOR WHICH YOU MAY BE A PUTATIVE CLASS MEMBER; AND
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CLAIMS THAT MAY ARISE AFTER THE TERMINATION OF THESE TERMS.
THIS ENTIRE SECTION 26 SHALL SURVIVE TERMINATION OF THESE TERMS OR THE PARTIES’ RELATIONSHIP OR THE END OF YOUR USE OF THE SERVICE.
Mandatory Informal Pre-Suit Dispute Resolution.
We value our customers and seek to resolve disputes informally where possible. Before filing any lawsuit relating to a claim or dispute, you agree to first send a detailed notice (“Notice”) to us by mail at the following address: at the following address: 1301 Sansome St, San Francisco, CA 94111.. Your Notice must contain all of the following information: (1) your full name; (2) your address; (3) your telephone number; (4) your email address; (5) information sufficient for Grove to identify the order and/or product at issue (e.g., your order number, order confirmation email, etc.); and (6) a detailed description of your Claim, the nature and basis of your Claim(s), and the nature and basis of the relief you are seeking with a calculation for it. You must personally sign this Notice.
Likewise, Grove Collaborative also agrees that if we have a dispute with you relating to a Grove Collaborative order or service, we will first send a detailed Notice to your e-mail address on file with us, and this Notice will also set forth (1) information sufficient for you to identify the order or service at issue and (2) a detailed description of our dispute, the nature and basis of our claim(s), and the nature and basis of the relief we seek.
You and Grove Collaborative agree to negotiate in good faith, for a period of at least 60 days from the date of the Notice, in an effort to swiftly resolve any Claim without the need for a formal proceeding. Compliance with and completion of this Mandatory Informal Pre-Suit Dispute Resolution process is required before commencing a lawsuit or filing and serving an arbitration demand form in accordance with the Arbitration Agreement below. The statute of limitations and any filing fee deadlines will be tolled while the parties engage in this process. A court will have the authority to enjoin the filing of any lawsuit concerning a Claim without first providing a Notice or otherwise participating in good faith in this Mandatory Informal Pre-Suit Dispute Resolution process.
Class Action Waiver; Jury Trial Waiver; Venue; Where Permissible, Claims shall be Brought in Court on an Individual Basis.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND WE AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, COLLECTIVE, OR REPRESENTATIVE ACTION, INCLUDING ANY JOINT OR CONSOLIDATED ARBITRATION OF ANY KIND, AND INCLUDING ANY TYPE OF JOINT OR CONSOLIDATED LAWSUIT FILED IN COURT. YOU FURTHER AGREE THAT YOU WILL NOT BE A MEMBER OF ANY PUTATIVE OR ACTUAL CLASS IN A CLASS ACTION BROUGHT BY ANYONE ELSE AGAINST GROVE COLLABORATIVE, ITS OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, PARENTS, SUBSIDIARIES AND/OR RELATED COMPANIES, NOR WILL YOU SEEK TO BECOME A CLASS REPRESENTATIVE. ADDITIONALLY, IN ANY ACTION YOU INITIATE AGAINST GROVE COLLABORATIVE, ITS OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, PARENTS, SUBSIDIARIES AND/OR RELATED COMPANIES, ANY RELIEF YOU SEEK WILL BE CONFINED TO RELIEF ON YOUR OWN BEHALF.
Together, the terms in the preceding paragraph shall be called and operate as the “Class Action Waiver.”
Except as the Terms otherwise provide and to the fullest extent permitted by law, you and Grove Collaborative acknowledge and agree that you are each waiving the right to a trial by jury.
In jurisdictions where applicable law permits application of the Class Action Waiver to Claims brought in court, Claims must be brought in court, and only on an individual basis in accordance with the Class Action Waiver. For any Claims brought in court, the Parties agree to exclusive jurisdiction and venue in any state or federal court located within San Francisco, California. To the extent permissible under applicable law, any such cases shall be decided by a judge and not a jury; the Parties mutually waive their right to have their Claim decided by a jury.
Claims regarding the enforceability, revocability, or validity of the Class Action Waiver may be resolved only by a civil court of competent jurisdiction and not by an arbitrator.
Arbitration Agreement
In jurisdictions where applicable law prohibits the Class Action Waiver from applying to a Claim to the extent it is brought in Court, CLAIMS SHALL BE RESOLVED THROUGH BINDING INDIVIDUAL ARBITRATION, RATHER THAN IN COURT.
THE FEDERAL ARBITRATION ACT SHALL APPLY TO THIS ARBITRATION AGREEMENT. BY CONSENTING TO ARBITRATION, THE PARTIES DO NOT LIMIT IN ANY WAY EITHER PARTY’S STATUTORY OR COMMON LAW RIGHTS OR POTENTIAL REMEDIES TO WHICH EITHER PARTY WOULD BE ENTITLED WERE A CLAIM BEING HEARD IN A COURT.
Any arbitration will be administered by National Arbitration and Mediation (“NAM”) and governed by NAM’s applicable rules (including the Comprehensive Dispute Resolution Rules and Procedures and/or the Mass Filing Supplemental Dispute Resolution Rules and Procedures, as applicable) (“NAM Rules”), as modified by these Terms. You may obtain a demand form to initiate arbitration as set forth in the NAM Rules available online at www.NAMADR.com, by emailing NAM at commercial@namadr.com, or by written request to support@grove.co; this demand form, along with a certification under penalty of perjury of compliance with the Mandatory Informal Pre-Suit Dispute Resolution process, must both be personally signed by the Party initiating arbitration (and their counsel, if represented) and a copy must also be sent to us. The Parties agree that any counsel representing a Party in arbitration must comply with the requirements of Federal Rule of Civil Procedure 11(b), and that the arbitrator may impose any sanctions against all appropriate represented Parties and counsel if he or she determines a Claim is frivolous.
The arbitration shall occur through the submission of documents to one (1) arbitrator. If the arbitrator determines that a hearing is necessary, the hearing shall be conducted remotely by telephone or video conference. If the arbitrator determines that an in-person hearing is necessary, the hearing will take place in the United States county where you live or work or such other location agreed upon by both Parties. The Parties will select an arbitrator or hearing officer(s) after commencement of the action in accordance with NAM’s rules.
If the Parties cannot submit a joint pre-hearing and hearing schedule, each Party will submit their own schedule to NAM. The Parties will submit a joint pre-hearing and hearing schedule to the hearing officer(s) within the earlier date of (a) 7 days prior to the hearing or (b) 14 days following the arbitrator’s appointment. If only one (1) schedule is submitted, that schedule will be delivered to the arbitrator for his or her consideration. The arbitrator may adopt the schedule submitted by one (1) Party in the absence of a competing or joint schedule.
Payment of all filing, administration, and arbitrator fees will be governed by the NAM Rules and applicable fee sheet, as determined by NAM. All issues relating in any way to arbitration—including the applicability, scope, and enforceability of the arbitration provisions of this Section 26—are for the arbitrator to decide. The arbitrator may consider but shall not be bound by rulings in other arbitrations involving different customers. At the conclusion of the arbitration proceeding, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. The arbitrator’s decision on all procedural and substantive issues is binding only between the Parties and will not have any preclusive effect in another arbitration or proceeding that involves a different party. An arbitrator’s award that has been fully satisfied shall not be entered in any court.
The Parties shall each be limited to a maximum of one (1) fact witness deposition per side, unless the Parties agree otherwise or the arbitrator determines that more depositions are warranted based on the totality of circumstances (including the amount in controversy, the complexity of the factual issues, the number of parties and the diversity of their interests, and whether any or all of the Claims appear, on the basis of the pleadings, to have sufficient merit to justify the time and expense associated with the requested discovery). Document requests shall be limited to documents that are directly relevant to the matter(s) in dispute or to its outcome; shall be reasonably restricted in terms of time frame, subject matter and persons or entities to which the requests pertain; shall not include broad phraseology such as “all documents directly or indirectly related to”; and shall not be encumbered with extensive “definitions” or “instructions.” The arbitrator may edit or limit the number of document requests based on the totality of circumstances, including the factors listed above.
In any arbitration, the defending party may make a written settlement offer at any time before the evidentiary hearing or, if a dispositive motion is permitted, prior to the dispositive motion being granted. Settlement offers may not be disclosed to the arbitrator until after the arbitrator issues an award on the Claim. If the award is issued in the defending party's favor, or in the other party's favor but is less than the defending party's settlement offer, then the other party must pay the defending party's costs incurred after the offer was made, including any attorney's fees. If any applicable statute or case law prohibits the shifting of costs incurred in the arbitration, then the offer in this provision shall serve to cease the accumulation of any costs to which the party bringing the Claim may be entitled for the cause of action under which it is suing.
Special Procedures for Mass Filings
To the extent an arbitration falls within NAM’s definition of a mass filing, the Parties agree to the procedures set forth below and in NAM’s Mass Filing Supplemental Dispute Resolution Rules and Procedures (“NAM’s Mass Filing Rules,” available at https://www.namadr.com/resources/rules-fees-forms). Any applicable limitations period (including statute of limitations) and any filing deadlines shall be tolled beginning when the Mandatory Informal Pre-Suit Dispute Resolution process is initiated, until the Claim is selected to proceed as part of a staged process or is settled, withdrawn, otherwise resolved, or opted out of arbitration.
Counsel for each side shall select ten (10) Claims (twenty (20) Claims total) to be filed and to proceed in individual arbitrations as part of a staged process. Each of these individual arbitrations shall be assigned to a different, single arbitrator unless the Parties agree otherwise in writing. No administrative fees will be assessed in connection with any remaining Claims, unless and until they are selected to be filed in individual arbitration proceedings as part of a staged process. After this initial set of staged proceedings is completed, the Parties shall promptly engage in a global mediation session of all remaining Claims with a retired federal or state court judge, unless the Parties agree otherwise.
If the remaining Claims are not resolved at this time, counsel for the Parties shall each select an additional ten (10) Claims per side (twenty (20) Claims total) to be filed and to proceed in individual arbitrations as part of a second staged process, subject to any procedural changes the Parties agreed to in writing. This process shall continue, consistent with this staged process set forth above in this subsection, by administering and moving forward a maximum of twenty (20) individual arbitration proceedings at a time until the Parties are able to resolve all of the Claims, either through settlement or arbitration.
A court of competent jurisdiction shall have the authority to enforce this entire Section 26 and, if necessary, to enjoin the mass filing, prosecution, or administration of arbitrations and the allocation of arbitration fees. If these additional procedures apply to your Claim, and a court of competent jurisdiction determines that they are not enforceable as to your Claim, then your Claim shall proceed in a court of competent jurisdiction consistent with the remainder of these Terms.
Exceptions. Notwithstanding the Parties’ agreement to resolve Claims through arbitration (i) either Party may seek relief in a small claims court for Claims or disputes within the scope of that court’s jurisdiction; and (ii) either Party may bring suit in court to enjoin infringement or other misuse of intellectual property rights or confidential information. The route to small claims court shall only be the result of a direct filing by a Party. As set forth above, a Claim commenced in arbitration may not be secondarily directed to small claims court per otherwise applicable rules. Any institution of any action for injunctive relief will not constitute a waiver of the right or obligation of the claiming Party to submit any claim seeking relief other than injunctive relief to arbitration.
Confidentiality. The Parties agree that confidential information of either Party disclosed during the arbitration (whether in documents or orally) shall not be used or disclosed except in connection with the arbitration or a proceeding to enforce or vacate the arbitration award, and that any permitted court filing of confidential information must be done under seal to the furthest extent permitted by law.
Severability. If any portion of these Terms is found to be unenforceable or unlawful for any reason, including because it is found to be unconscionable, (i) the unenforceable or unlawful provision will be severed from the Terms; (ii) severance of the unenforceable or unlawful provision will have no impact whatsoever on the remainder of these Terms or the Parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this Section 26; and (iii) to the extent that any claims must proceed on a class, collective, consolidated, or representative basis as a result, such claims must be litigated in a civil court of competent jurisdiction, in accordance with the Terms, and not in arbitration. The litigation of those claims will be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this Section 26 is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this Section 26 will be enforceable.
Opt-Out. Within thirty (30) days of agreeing to these Terms, you may opt out of this Arbitration Agreement by providing your individual, personally signed notice of your intention to opt out by sending us an email to support@grove.co. Such email must be sent by you personally, and not by your agent, attorney, or anyone else purporting to act on your behalf. The opt-out notice must be sent within thirty (30) days of your first use of our Service. Individuals who timely opt out can bring their Claims in court but are still subject to the Class Action Waiver.
Time Limits. To the fullest extent permitted by applicable law, YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO ANY CLAIM MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, or the applicable statute of limitations, whichever is shorter. OTHERWISE, THAT CAUSE OF ACTION IS PERMANENTLY BARRED. To the extent a Claim is filed in court or arbitration without first providing such Notice (which would be contrary to these Terms, as set forth above), the Claim is deemed commenced at the time of such filing.
27. Notice
Where we require that you provide an email address, you are responsible for providing us with your most current email address. In the event that the last email address you provided to us is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by the Grove Collaborative Terms, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to Grove Collaborative at the following address: 1301 Sansome St, San Francisco, CA 94111. Such notice shall be deemed given when received by us by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the above address.
28. Consumer Complaints
In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
29. International Users
The Service is controlled and offered by Grove Collaborative from its facilities in San Francisco, California. We make no representations that the Service is appropriate or available for use in other locations. Those who access or use our Service from other countries do so at their own volition and are responsible for compliance with local law.
30. Accessibility
Please see our Accessibility Statement.
Contact Information. If you have any questions, complaints, or claims regarding Grove Collaborative, the Service, or these Grove Collaborative Terms of Service please contact us at legal@grove.co.