Avalow Membership Terms

Last updated: February, 2019

By registering with Avalow as a member, you agree to the following terms and conditions (the “Membership Terms”), which, together with our Terms of Service or our Privacy Policy, supplement and form a part of the Agreement and are incorporated herein by reference.  Memberships are referred to herein as “Subscriptions.” Capitalized terms not defined here have the meaning given to them in the Avalow Terms of Service or our Privacy Policy.

In addition to the terms and conditions of this Agreement, your Subscription may be governed by a separate Contract for Gardening Services made by and between you and Avalow (the “Contract for Gardening Services”).  If you have executed a Contract for Gardening Services, these Membership Terms supplement and form a part thereof and are incorporated therein by this reference. In the event any term of the Contract for Gardening Services conflicts with any term of these Membership Terms, the term of the Contract for Gardening Services shall prevail unless expressly stated otherwise in these Membership Terms.

Membership Coverage and Billing Cycles

Membership Coverage. By purchasing a Subscription you will get certain access to Avalow’s available classes, content, and features, plus access to Avalow Apps, for as long as the Subscription remains active, as well as the services set forth in your Contract for Gardening Services, if any.  


Billing Cycles and Auto-Renewal. All Subscriptions recur on a monthly basis until they are cancelled in accordance with these Membership Terms. Billing occurs at the beginning of the Subscription cycle and provides access for one month thereafter.  At the conclusion of a billing cycle, unless you cancel prior to the following billing cycle, and to the extent permitted by applicable law, your Subscription will automatically renew on a month-to-month basis at the then-existing price for your membership. By purchasing a Subscription, you acknowledge that your Subscription has an initial and recurring payment charge at the then-current Subscription rate, you agree that Avalow may submit monthly charges in advance to your chosen payment method without further authorization from you, until you provide notice to Avalow that you wish to cancel your Subscription or to change your payment method. You further accept responsibility for all recurring charges prior to cancellation, including, where applicable, any charges processed by Avalow after the expiration date of your payment card.

Subject to the Contract for Gardening Services, you may change or terminate your Subscription by contacting Avalow Member Support at 1-844-428-2569.

YOU MUST PROMPTLY NOTIFY US OR OUR PAYMENT PROCESSORS IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT).

Other Offers. Avalow may offer additional promotions or discounts related to Subscriptions from time to time. Please read the details of those offers carefully, as any additional terms presented to you during the signup process will form part of these Membership Terms. Unless specified in writing, all discount offers that require a payment are non-refundable. Any trial or other promotion must be used within the specified time frame of the trial or promotion. You may be required to have a valid payment method on file in order to initiate a trial; in this case, if you do not cancel before your trial period ends, your account will be converted to a paid Subscription and will be charged in accordance with these Membership Terms.

Termination or Cancellation of Subscription

Cancellation of Subscription. If you terminate your Subscription, you may use your Subscription until the end of the then-current billing cycle, and your Subscription will not be renewed after that period expires. Avalow does not refund any pre-paid portion of the Subscription fee.    

Avalow may immediately terminate or suspend your account for any reason or no reason in accordance with the Terms of Service.  If we terminate or suspend your Subscription, your license to use any software or content provided in connection with the Subscription is also terminated or suspended (as applicable). If your Subscription is terminated, Avalow has the right to immediately delete all data, files, and other information stored in or for your account without further notice to you. You must pay all charges up to and including the date of termination if you have not already paid. Should you wish to resume your Subscription after any suspension, a restoration of service fee may apply. This fee is in addition to all past due unpaid charges and other fees.

Payment

Members agree to pay the monthly fee specified when you purchased your Subscription (plus any applicable taxes and other charges). If the amount to be charged varies from the amount you pre-authorized (other than due to the imposition of, or change in, applicable sales tax), you have the right to receive, and we will provide, advance notice of the amount to be charged and the date of the charge, at which time you may cancel if you do not agree to the change in fees.  If you do not cancel your Subscription, you will be deemed to have agreed to the change in fees unless applicable law requires you to expressly consent to such change. Any agreement you have with your payment provider governs your use of your specified payment method. You agree that we may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle. Your failure to terminate and/or continued use of your Subscription reaffirms that we are authorized to charge you for that Subscription. We may submit those charges for payment and you will be responsible for such charges. This does not waive our right to seek payment directly from you.

Billing Authorization. You must provide a payment method (such as a credit, charge or debit card number) that we accept in order to activate your Subscription, along with other payment information. You represent and warrant that you have the legal right to use all payment method(s) that you provide to us. Your authorizations in this section also apply to our payment processors and any other companies who act as billing agents for us. You hereby authorize us to charge your specified payment method on a monthly basis, in advance, for your Subscription(s) and/or to place a hold on your payment method with respect to any unpaid charges for your Subscription(s). You authorize the issuer of your selected payment method to pay any amounts described herein without requiring a signed receipt, and you agree that these Membership Terms shall be accepted as authorization to the issuer of the payment method to pay any amounts described herein, without requiring a signed receipt from you. You authorize us to continue to attempt to charge and/or place holds with respect to all sums described herein, or any portion thereof, to your payment method until such amounts are paid in full. You agree to provide updated payment information upon request and any time the information you previously provided is no longer valid. You acknowledge and agree that neither Avalow, nor any Avalow agent, will have any liability whatsoever for any insufficient funds or other charges incurred by you as a result of attempts to charge, and/or place holds on, your specified payment method as contemplated by these Membership Terms. If you provide a debit card number instead of a credit card number, you authorize all charges described herein to be applied to such debit card unless and until you provide a credit card number.

Third-Party Payment Processors. We use third-party payment processors or financing partners, as applicable, to process your payments, as more fully described in the Privacy Policy. We reserve the right to correct, or to instruct our payment processors or financing partners to correct, any errors or mistakes, even if payment has already been requested or received.

Financed Purchases. If you finance the purchase of your Subscription, you agree to abide by the terms of the financing agreement with our financing partner governing your purchase, which will be provided to you separately. Avalow may treat your failure to abide by the terms of your financing agreement with our financing partner as a material breach of these Membership Terms.

Bill Inquiries. If you believe you have been billed in error for a Subscription, please notify us within 60 days of the billing date by contacting Member Support at 1-844-428-2569 or emailing grow@avalow.com.

Amendments.  These Membership Terms may be amended by Avalow from time to time.  We will post any changes to the Site and/or the App, and we will use commercially reasonable efforts to message you, either via the App or by email, notifying you of any material changes to these Membership Terms.  Notwithstanding the foregoing, it is your responsibility to check these Membership Terms from time to time. By continuing to use the Services under your Subscription after any changes to these Membership Terms have become effective, you are agreeing to be legally bound by the changes.

Copyright 2019 Avalow, Inc.  All rights reserved.