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2 forms found in the DOM

GET https://scottsmiraclegro.com/

<form method="get" id="searchform" action="https://scottsmiraclegro.com/">
  <div>
    <input class="search-box" type="text" name="s" id="s" placeholder="Search" onkeyrelease="if(this.placeholder=='')this.value=this.defaultValue;">
    <div class="close"></div>
    <button class="search-btn" type="submit"></button>
  </div>
</form>

Name: Alerts — https://scottsmiraclegro.gcs-web.com/shareholder-services/email-alerts/

<form name="Alerts" action="https://scottsmiraclegro.gcs-web.com/shareholder-services/email-alerts/">
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    <p>By subscribing, I agree to the <a href="/terms-conditions">Conditions of Use</a>, including the provisions for <a href="/terms-conditions/#arbitration_waiver">arbitration and class action waiver</a>, and consent to receive promotional emails
      and the <a href="/privacy/">Privacy Notice</a> (see <a href="/privacy/#3_info_we_collect">what information we collect</a> and your <a href="/privacy/#16_your_rights">rights</a>). </p>
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Text Content

 * Home
 * Who We Are
 * Products
 * Responsibility
 * Our Stories
 * Investor Relations
 * Careers

 * Back
 * Who We Are
 * Our Purpose
 * Corporate Social Responsibility
 * Where We Stand
 * Our Brands
 * History
 * Leadership

 * Back
 * Products
 * Our Approach
 * Safety & Performance
 * Pesticide Safety
 * Product Innovation
 * R&D Facilities

 * Back
 * Responsibility
 * Our Impact
 * The SMG Foundation
 * Community Engagement
 * Water Stewardship
 * The Legacy Project
 * Social Justice Fund
 * The Pollinator Promise

 * Back
 * Our Stories
 * Our Stories & News
 * Press Releases
 * Media Assets

 * Back
 * Investor Relations
 * Investor Overview
 * Stock Information
 * Financial Information
 * Corporate Governance
 * ESG Goals
 * Events & Presentations
 * Shareholder Services
 * 1868 Ventures

 * Back
 * Careers
 * Opportunities
 * Why Join Us
 * Health & Wellness Benefits
 * Our Workplace Culture
 * Military & Veterans
 * Diversity & Inclusion
 * Volunteerism
 * Internships

 * Who We Are
   * Our Story
   * Our Purpose
   * Corporate Social Responsibility
   * Where We Stand
   * Brands
   * History
   * Leadership
 * Products
   * Our Approach
   * Safety & Performance
   * Pesticide Safety
   * Product Innovation
   * R&D Facilities
 * Responsibility
   * Our Impact
   * The SMG Foundation
   * Community Engagement
   * Water Stewardship
   * The Legacy Project
   * Social Justice Fund
   * The Pollinator Promise
 * Our Stories
   * Our Stories & News
   * Press Releases
   * Media Assets
 * Investor Relations
   * Investor Overview
   * Stock Information
   * Financial Information
   * Corporate Governance
   * ESG Focus Areas & Goals
   * Events & Presentations
   * Shareholder Services
   * 1868 Ventures
 * Careers
   * Opportunities
   * Why Join Us
   * Health & Wellness Benefits
   * Our Workplace Culture
   * Military & Veterans
   * Diversity & Inclusion
   * Volunteerism
   * Internships




CONDITIONS OF USE

These Conditions of Use are effective January 1, 2020. Please click here for our
terms and conditions which were effective through December 31, 2019.

PLEASE READ THIS DOCUMENT CAREFULLY. IT CONTAINS VERY IMPORTANT INFORMATION
ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS WITH
RESPECT TO THE USE OF THIS ONLINE SERVICE. THESE TERMS REQUIRE THE USE OF
ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS
OR CLASS ACTIONS. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT USE THIS ONLINE
SERVICE.

We offer certain Online Services, including:

 * Certain products, including software embedded in such products, that are
   designed to connect to the Internet
 * Websites
 * Applications accessible through our websites, including certain applications
   accessible through a user account
 * Mobile application software that may be downloaded to your mobile phone,
   tablet, or other supported device
 * Cloud services accessible through all of the above

The Online Services are offered and available to users who 18 years of age or
older and reside in the United States or Canada. By using the Online Services,
you represent and warrant that you are of legal age to form a binding contract
with us and meet all of the foregoing eligibility requirements. If you do not
meet all of these requirements, you must not access or use the Online Services.

The following terms and conditions, together with any documents they expressly
incorporate by reference collectively, these “Conditions of Use”), govern your
access to and use of the Online Services to which these Conditions of Use are
linked, including any content, functionality, and services offered on or through
this domain, whether as a guest or a registered user. These Conditions of Use
are entered into by and between you and us and form a binding legal agreement.


ACCEPTANCE OF THESE CONDITIONS OF USE

Please read these Conditions of Use carefully before you start to use or access
the Online Services. The Online Services are provided upon the absolute
condition of your full and complete acceptance of these Conditions of Use in
their entirety. You acknowledge that but for your full and complete acceptance
of these Conditions of Use, we would not make the Online Services available to
you. You acknowledge that by (i) clicking to submit information or initiate an
action through the Online Services, (ii) clicking to accept or agree to these
Conditions of Use, or (iii) otherwise using or accessing the Online Services, in
each situation where these Conditions of Use are linked, you accept and agree to
be bound and abide by these Conditions of Use, which is a binding legal
agreement between you and us regarding your use and all claims arising out of or
related to the Online Services to which these Conditions of use are linked. If
you do not want to agree to these Conditions of Use, you must not access or use
the Online Services.


‌CHANGES TO THESE CONDITIONS OF USE

We may revise and update these Conditions of Use from time to time in our sole
discretion. All changes are effective immediately when we post them and apply to
all access to and use of the Online Services thereafter. Your continued use of
the Online Services following the posting of revised Conditions of Use means
that you accept and agree to the changes. You are expected to check this page as
necessary so you are aware of any changes, as they are binding on you as a legal
agreement between you and us.


ACCESSING THE ONLINE SERVICES AND ACCOUNT SECURITY

We reserve the right to withdraw or amend the Online Services, and any service
or material we provide through the Online Services, in our sole discretion at
any time without notice. We will not be liable if for any reason all or any part
of the Online Services are unavailable at any time or for any period. From time
to time, we may restrict access to some parts of the Online Services, or the
entire Online Services, to users, including registered users.

You are responsible for both:

 * Making all arrangements necessary for you to have access to the Online
   Services.
 * Ensuring that all persons who access the Online Services through your
   internet connection are aware of these Conditions of Use and comply with
   them.

To access the Online Services or some of the resources it offers, you may be
asked to provide certain registration details or other information. It is a
condition of your use of the Online Services that all the information you
provide on the Online Services are correct, current, and complete. You agree
that all information you provide to register with the Online Services or
otherwise, including, but not limited to, through the use of any interactive
features on the Online Services is provided with your express consent to all
actions we take with respect to your information consistent with our privacy
notice included in the Online Services processing such information.

If you choose, or are provided with, a user name, password, or any other piece
of information as part of our security procedures, you must treat such
information as confidential, and you must not disclose it to any other person or
entity. You also acknowledge that your account is personal to you and agree not
to provide any other person with access to the Online Services or portions of it
using your user name, password, or other security information. You agree to
notify us immediately of any unauthorized access to or use of your user name or
password or any other breach of security. You also agree to ensure that you exit
from your account at the end of each session. You should use particular caution
when accessing your account from a public or shared computer so that others are
not able to view or record your password or other personal information.

We have the right to disable any user name, password, or other identifier,
whether chosen by you or provided by us, at any time in our sole discretion for
any or no reason, including if, in our opinion, you have violated any provision
of these Conditions of Use or any other agreement between you and us.


INTELLECTUAL PROPERTY RIGHTS

The Online Services and its entire contents, features, and functionality
(including, but not limited to, all information, software, text, displays,
images, video, and audio, and the design, selection, and arrangement thereof)
are owned by us, our licensors, or other providers of such material and are
protected by United States and international copyright, trademark, patent, trade
secret, and other intellectual property or proprietary rights laws.

These Conditions of Use permit you to use the Online Services for your personal,
non-commercial use only. You must not reproduce, distribute, modify, create
derivative works of, publicly display, publicly perform, republish, download,
store, or transmit any of the material on our Online Services, except as
follows:

 * Your computer may temporarily store copies of such materials in RAM
   incidental to your accessing and viewing those materials.

 * You may store files that are automatically cached by your web browser for
   display enhancement purposes.

 * You may print or download one copy of a reasonable number of pages of the
   Online Services for your own personal, non-commercial use and not for further
   reproduction, publication, or distribution.

 * If we provide desktop, mobile, or other applications for download, you may
   download a single copy to your computer or mobile device solely for your own
   personal, non-commercial use, provided you agree to be bound by our end user
   license agreement for such applications.
 * If we provide social media features with certain content, you may take such
   actions as are enabled by such features.

You must not:

 * Modify copies of any materials from the Online Services.

 * Use any illustrations, photographs, video or audio sequences, or any graphics
   separately from the accompanying text.
 * Delete or alter any copyright, trademark, or other proprietary rights notices
   from copies of materials from this site.

You must not access or use for any commercial purposes any part of the Online
Services or any services or materials available through the Online Services. If
you print, copy, modify, download, or otherwise use or provide any other person
with access to any part of the Online Services in breach of these Conditions of
Use, your right to use the Online Services will stop immediately and you must,
at our option, return or destroy any copies of the materials you have made. No
right, title, or interest in or to the Online Services or any content on the
Online Services are transferred to you, and all rights not expressly granted are
reserved by us. Any use of the Online Services not expressly permitted by these
Conditions of Use is a breach of these Conditions of Use and may violate
copyright, trademark, and other laws.


TRADEMARKS

As between you and us, we own all names, logos, product and service names,
designs, slogans, and trademarks appearing in the Online Services, except where
noted. You must not use such marks without our prior written permission.


PROHIBITED USES

You may use the Online Services only for lawful purposes and in accordance with
these Conditions of Use. You agree not to use the Online Services:

 * In any way that violates any applicable federal, state, local, or
   international law or regulation (including, without limitation, any laws
   regarding the export of data or software to and from the US or other
   countries).

 * For the purpose of exploiting, harming, or attempting to exploit or harm
   minors in any way by exposing them to inappropriate content, asking for
   personally identifiable information, or otherwise.

 * To send, knowingly receive, upload, download, use, or re-use any material
   that does not comply with the provisions under the section entitled “Content
   Standards” set out in these Conditions of Use.

 * To transmit, or procure the sending of, any advertising or promotional
   material, including any “junk mail,” “chain letter,” “spam,” or any other
   similar solicitation.

 * To impersonate or attempt to impersonate us, our employees, another user, or
   any other person or entity (including, without limitation, by using email
   addresses or screen names associated with any of the foregoing).
 * To engage in any other conduct that restricts or inhibits anyone’s use or
   enjoyment of the Online Services, or which, as determined by us, may harm the
   Company or users of the Online Services, or expose them to liability.

Additionally, you agree not to:

 * Use the Online Services in any manner that could disable, overburden, damage,
   or impair the Online Services or interfere with any other party’s use of the
   Online Services, including their ability to engage in real time activities
   through the Online Services.

 * Use any robot, spider, or other automatic device, process, or means to access
   the Online Services for any purpose, including monitoring or copying any of
   the material on the Online Services.

 * Use any manual process to monitor or copy any of the material on the Online
   Services, or for any other purpose not expressly authorized in these
   Conditions of Use, without our prior written consent.

 * Use any device, software, or routine that interferes with the proper working
   of the Online Services.

 * Introduce any viruses, Trojan horses, worms, logic bombs, or other material
   that is malicious or technologically harmful.

 * Attempt to gain unauthorized access to, interfere with, damage, or disrupt
   any parts of the Online Services, the server on which the Online Services are
   stored, or any server, computer, or database connected to the Online
   Services.

 * Attack the Online Services via a denial-of-service attack or a distributed
   denial-of-service attack.
 * Otherwise attempt to interfere with the proper working of the Online
   Services.


USER CONTRIBUTIONS

The Online Services may contain message boards, chat rooms, personal web pages
or profiles, forums, bulletin boards, and other interactive features
(collectively, “Interactive Services”) that allow users to post, submit,
publish, display, or transmit to other users or other persons (hereinafter,
“post”) content or materials (collectively, “User Contributions”) on or through
the Online Services.

All User Contributions must comply with the provisions under the section entitle
“Content Standards” set out in these Conditions of Use. Any User Contribution
you post to the site will be considered non-confidential and non-proprietary. By
providing any User Contribution on the Online Services, you grant us and our
affiliates and service providers, and each of their and our respective
licensees, successors, and assigns the right to use, reproduce, modify, perform,
display, distribute, and otherwise disclose to third parties any such material
for any purpose.

You represent and warrant that:

 * You own or control all rights in and to the User Contributions and have the
   right to grant the license granted above to us and our affiliates and service
   providers, and each of our respective licensees, successors, and assigns.
 * All of your User Contributions do and will comply with these Conditions of
   Use.

You understand and acknowledge that you are responsible for any User
Contributions you submit or contribute, and you, not us, have full
responsibility for such content, including its legality, reliability, accuracy,
and appropriateness. We are not responsible or liable to any third party for the
content or accuracy of any User Contributions posted by you or any other user of
the Online Services.


MONITORING AND ENFORCEMENT; TERMINATION

We have the right to:

 * Remove or refuse to post any User Contributions for any or no reason in our
   sole discretion.

 * Take any action with respect to any User Contribution that we deem necessary
   or appropriate in our sole discretion, including if we believe that such User
   Contribution violates these Conditions of Use, including the Content
   Standards, infringes any intellectual property right or other right of any
   person or entity, threatens the personal safety of users of the Online
   Services or the public, or could create liability for the Company.

 * Disclose your identity or other information about you to any third party who
   claims that material posted by you violates their rights, including their
   intellectual property rights or their right to privacy.

 * Take appropriate legal action, including without limitation, referral to law
   enforcement, for any illegal or unauthorized use of the Online Services.
 * Terminate or suspend your access to all or part of the Online Services for
   any or no reason, including without limitation, any violation of these
   Conditions of Use.

Without limiting the foregoing, we have the right to cooperate fully with any
law enforcement authorities or court order requesting or directing us to
disclose the identity or other information of anyone posting any materials on or
through the Online Services. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS
AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY
ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE
OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we cannot and do not undertake to review all material before it is
posted through the Online Services and cannot ensure prompt removal of
objectionable material after it has been posted. Accordingly, we assume no
liability for any action or inaction regarding transmissions, communications, or
content provided by any user or third party. We have no liability or
responsibility to anyone for performance or nonperformance of the activities
described in this section.


CONTENT STANDARDS

These content standards apply to any and all User Contributions and use of
Interactive Services. User Contributions must in their entirety comply with all
applicable federal, state, local, and international laws and regulations.
Without limiting the foregoing, User Contributions must not:

 * Contain any material that is defamatory, obscene, indecent, abusive,
   offensive, harassing, violent, hateful, inflammatory, or otherwise
   objectionable.

 * Promote sexually explicit or pornographic material, violence, or
   discrimination based on race, sex, religion, nationality, disability, sexual
   orientation, or age.

 * Infringe any patent, trademark, trade secret, copyright, or other
   intellectual property or other rights of any other person.

 * Violate the legal rights (including the rights of publicity and privacy) of
   others or contain any material that could give rise to any civil or criminal
   liability under applicable laws or regulations or that otherwise may be in
   conflict with these Conditions of Use.

 * Be likely to deceive any person.

 * Promote any illegal activity, or advocate, promote, or assist any unlawful
   act.

 * Cause annoyance, inconvenience, or needless anxiety or be likely to upset,
   embarrass, alarm, or annoy any other person.

 * Impersonate any person or misrepresent your identity or affiliation with any
   person or organization.

 * Involve commercial activities or sales, such as contests, sweepstakes, and
   other sales promotions, barter, or advertising.
 * Give the impression that they emanate from or are endorsed by us or any other
   person or entity, if this is not the case.


COPYRIGHT INFRINGEMENT

If you believe the Online Services infringe upon your copyright rights, please
forward the following information to us:

 * A physical or electronic signature of a person authorized to act on behalf of
   the owner of an exclusive right that is allegedly infringed;
 * Identification of the location where the original or an authorized copy of
   the copyrighted work exists, for example the URL of the website where it is
   posted or the name of the book in which it has been published;
 * Identification of the material that is claimed to be infringing and a
   description of the infringing activity and information reasonably sufficient
   to permit us to locate the material;
 * Information reasonably sufficient to permit us to contact you, such as an
   address, telephone number, and if available, an email address;
 * A statement that you have 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 you are authorized to act on behalf of the owner of
   an exclusive right that is allegedly infringed.

You acknowledge that if you fail to comply with all the above requirements, your
notice may not be valid.


RELIANCE ON INFORMATION POSTED

The information presented on or through the Online Services are made available
solely for general information purposes. We do not warrant the accuracy,
completeness, or usefulness of this information. Any reliance you place on such
information is strictly at your own risk. We disclaim all liability and
responsibility arising from any reliance placed on such materials by you or any
other visitor to the Online Services, or by anyone who may be informed of any of
its contents.

The Online Services may include content provided by third parties, including
materials provided by other users, bloggers, and third-party licensors,
syndicators, aggregators, and/or reporting services. All statements and/or
opinions expressed in these materials, and all articles and responses to
questions and other content, other than the content provided by the Company, are
solely the opinions and the responsibility of the person or entity providing
those materials. These materials do not necessarily reflect our opinion. We are
not responsible, or liable to you or any third party, for the content or
accuracy of any materials provided by any third parties.


CHANGES TO THE ONLINE SERVICES

We may update the content on the Online Services from time to time, but its
content is not necessarily complete or up-to-date. Any of the material on the
Online Services may be out of date at any given time, and we are under no
obligation to update such material.


INFORMATION ABOUT YOU AND YOUR VISITS TO THE ONLINE SERVICES

Information we collect through the Online Services may be subject to our privacy
notice. By using the Online Services, you expressly consent to all actions taken
by us with respect to your information as disclosed in our privacy notice.


TERMS OF SALE AND SUPPLEMENTAL TERMS

All purchases through the Online Services or other transactions for the sale of
goods or services, or information formed through the Online Services, or
resulting from visits made by you, are governed by the terms of sale linked to
the applicable Online Services facilitating such purchase or transaction (“Terms
of Sale”), which are hereby incorporated by reference into these Conditions of
Use. Additional terms and conditions may also apply to specific portions,
services, or features of the Online Services where such terms are linked to the
applicable Online Services (“Supplemental Terms”). All such Supplemental Terms
liked to the applicable Online Services are hereby incorporated by reference
into these Conditions of Use.


LINKING TO THE ONLINE SERVICES AND SOCIAL MEDIA FEATURES

You may link to our homepage, provided you do so in a way that is fair and legal
and does not damage our reputation or take advantage of it, but you must not
establish a link in such a way as to suggest any form of association, approval,
or endorsement on our part.

The Online Services may provide certain social media features that enable you
to:

 * Link from your own or certain third-party websites to certain content in the
   Online Services.

 * Send emails or other communications with certain content, or links to certain
   content, through the Online Services.
 * Cause limited portions of content in the Online Services to be displayed or
   appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us, and solely with
respect to the content they are displayed with, and otherwise in accordance with
any additional terms and conditions we provide with respect to such features.
Subject to the foregoing, you must not:

 * Establish a link from any Online Services that is not owned by you.

 * Cause the Online Services or portions of it to be displayed on, or appear to
   be displayed by, any other site, for example, framing, deep linking, or
   in-line linking.

 * Link to any part of the Online Services other than the homepage.
 * Otherwise take any action with respect to the materials on the Online
   Services that is inconsistent with any other provision of these Conditions of
   Use.

The Online Services from which you are linking, or on which you make certain
content accessible, must comply in all respects with the provisions under the
section entitled “Content Standards” set out in these Conditions of Use. You
agree to cooperate with us in causing any unauthorized framing or linking
immediately to stop. We reserve the right to withdraw linking permission without
notice. We may disable all or any social media features and any links at any
time without notice in our discretion.


LINKS FROM THE ONLINE SERVICES

If the Online Services contains links to other sites and resources provided by
third parties, these links are provided for your convenience only. This includes
links contained in advertisements, including banner advertisements and sponsored
links. We have no control over the contents of those sites or resources, and
accept no responsibility for them or for any loss or damage that may arise from
your use of them. If you decide to access any of the third-party websites linked
to the Online Services, you do so entirely at your own risk and subject to the
terms and conditions of use for such websites.


GEOGRAPHIC RESTRICTIONS

We are based in the State of Ohio in the United States. We provide the Online
Services for use only by persons located in the United States and Canada. We
make no claims that the Online Services or any of its content is accessible or
appropriate outside of the United States and Canada. Access to the Online
Services may not be legal by certain persons or in certain countries. If you
access the Online Services from outside the United States and Canada, you do so
on your own initiative and are responsible for compliance with local laws.


DISCLAIMER OF WARRANTIES

You understand that we cannot and do not guarantee or warrant that files
available for downloading from the internet or the Online Services will be free
of viruses or other destructive code. You are responsible for implementing
sufficient procedures and checkpoints to satisfy your particular requirements
for anti-virus protection and accuracy of data input and output, and for
maintaining a means external to our site for any reconstruction of any lost
data.

To the fullest extent provided by law, we will not be liable for any loss or
damage caused by a distributed denial-of-service attack, viruses, or other
technologically harmful material that may infect your computer equipment,
computer programs, data, or other proprietary material due to your use of the
Online Services or any services or items obtained through the Online Services or
to your downloading of any material posted on it, or on any Online Services
linked to it.

Your use of the Online Services, its content, and any services or items obtained
through the Online Services are at your own risk. The Online Services, its
content, and any services or items obtained through the Online Services are
provided on an “as is” and “as available” basis, without any warranties of any
kind, either express or implied. Neither we nor any person associated with the
us makes any warranty or representation with respect to the completeness,
security, reliability, quality, accuracy, or availability of the Online
Services. Without limiting the foregoing, neither we nor anyone associated with
us represents or warrants that the Online Services, its content, or any services
or items obtained through the Online Services will be accurate, reliable,
error-free, or uninterrupted, that defects will be corrected, that the Online
Services or the server that makes them available are free of viruses or other
harmful components, or that the Online Services or any services or items
obtained through the Online Services will otherwise meet your needs or
expectations.

To the fullest extent provided by law, the company hereby disclaims all
warranties of any kind, whether express or implied, statutory, or otherwise,
including but not limited to any warranties of merchantability,
non-infringement, and fitness for particular purpose. The foregoing does not
affect any warranties that cannot be excluded or limited under applicable law.


LIMITATION ON LIABILITY

To the fullest extent provided by law, in no event will we, our affiliates, or
any of our or their licensors, service providers, employees, agents, officers,
or directors be liable for damages of any kind, under any legal theory, arising
out of or in connection with your use, or inability to use, the Online Services,
any websites linked to it, or any content in the Online Services, including any
direct, indirect, special, incidental, consequential, or punitive damages,
including but not limited to, personal injury, pain and suffering, emotional
distress, loss of revenue, loss of profits, loss of business or anticipated
savings, loss of use, loss of goodwill, loss of data, and whether caused by tort
(including negligence), breach of contract, or otherwise, even if foreseeable.
The foregoing does not affect any liability that cannot be excluded or limited
under applicable law.


INDEMNIFICATION

You agree to defend, indemnify, and hold us, and our affiliates, licensors, and
service providers, and each of our and their respective officers, directors,
employees, contractors, agents, licensors, suppliers, successors, and assigns
harmless from and against any claims, liabilities, damages, judgments, awards,
losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising
out of or relating to your violation of these Conditions of Use or your use of
the Online Services, including, but not limited to, your User Contributions, any
use of the Online Services’ content, services, and products other than as
expressly authorized in these Conditions of Use, or your use of any information
obtained from the Online Services.


GOVERNING LAW AND JURISDICTION

This is a binding legal agreement between you and us, and it may not be altered,
supplemented, or amended by any other document, except an amendment signed by
you and our authorized representative. All matters relating to the Online
Services and these Conditions of Use, and any dispute or claim arising therefrom
or related thereto (in each case, including non-contractual disputes or claims),
shall be governed by and construed in accordance with the internal laws of the
State of Ohio without giving effect to any choice or conflict of law provision
or rule (whether of the State of Ohio or any other jurisdiction) that may
provide the application of the law of another jurisdiction. For all disputes not
otherwise subject to arbitration in accordance with these Conditions of Use, you
agree to submit to the exclusive personal jurisdiction of the state and federal
courts in or for Franklin County, Ohio, for the purpose of litigating all such
claims or disputes, which courts shall also be the exclusive venue for the
litigation such claims and disputes, although for such claims not covered by
binding arbitration we retain the right to bring any suit, action, or proceeding
against you for breach of these Conditions of Use in your country of residence
or any other relevant country. You waive any and all objections to the exercise
of jurisdiction over you by such courts and to venue in such courts.


ARBITRATION AND CLASS ACTION WAIVER

PLEASE READ THIS SECTION CAREFULLY. YOU AGREE THAT WE ARE EACH WAIVING THE RIGHT
TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS OR REPRESENTATIVE ACTION. FOLLOW
THE INSTRUCTIONS BELOW IF YOU WISH TO OPT OUT OF THE REQUIREMENT OF ARBITRATION
ON AN INDIVIDUAL BASIS.

You and us agree to resolve any claim, dispute, action, cause of action, issue,
or request for relief arising out of or relating to the Online Services or
otherwise arising between you and us or our affiliates and each of our and their
directors, officers, employees, and contractors exclusively by binding
arbitration. Further, you agree arbitration is final and binding, and subject to
only very limited review by a court. You also waive your right to any form of
appeal, review or recourse to any court or other judicial authority, to the
fullest extent allowed by law.

This provision is intended to be interpreted broadly to encompass all disputes
or claims between you and us or our affiliates and each of our and their
directors, officers, employees, and contractors, including those arising out of
or relating to these Conditions of Use and/or the Online Services. Any dispute
or claim made by you against us or our affiliates and each of our and their
directors, officers, employees, and contractors, or vice versa arising out of or
relating to these Conditions of Use and/or the Online Services (whether based in
contract, tort, statute, fraud, misrepresentation or any other legal theory)
will be resolved by binding arbitration, except that you may take claims to
small claims court if they qualify for hearing by such a court.

You must first present any claim or dispute to us by contacting us to allow us
an opportunity to resolve the dispute. You may request arbitration if your claim
or dispute cannot be resolved within sixty (60) days after presenting the claim
or dispute to us. We may request arbitration against you at any time after it
has notified you of a claim or dispute. The arbitration of any dispute or claim
shall be conducted in accordance with the then current and applicable rules of
the American Arbitration Association as modified by these Conditions of Use. The
place of any arbitration shall be exclusively Franklin County, Ohio, USA, and
shall be conducted in the English language; provided, however, you may request
that any or all proceedings within the arbitration be conducted by phone or
written submission.

Claims will be heard by a single arbitrator. The arbitrator may not award relief
in excess of or contrary to what this agreement provides, order consolidation or
arbitration on a class wide or representative basis, award damages aside from
the prevailing party’s actual damages, or order injunctive or declaratory
relief; except that the arbitrator may award on an individual basis damages
required by statute and may order injunctive or declaratory relief pursuant to
an applicable consumer protection statute.

Any arbitration shall be confidential, and neither you, nor us nor the
arbitrator may disclose the existence, content or results of any arbitration,
except as may be required by law or for purposes of enforcement or appeal of the
arbitration award. Judgment on any arbitration award may be entered in any court
having proper jurisdiction. If any portion of this arbitration clause is
determined by a court to be inapplicable or invalid, then the remainder shall
still be given full force and effect. There shall be no right or authority for
any claims subject to the arbitration clause to be arbitrated on a class action
or consolidated basis or on bases involving claims brought in a purported
representative capacity on behalf of the general public (including, but not
limited to, as a private attorney general).

We will pay all administrative filing fees for any arbitration that we initiate.
All other administration filing fees will be divided between you and us
according to the then-current applicable rules of the American Arbitration
Association. Each party will bear the expense of its own counsel, experts,
witnesses and preparation and presentation of evidence at the arbitration
hearing. We will not seek to recover attorneys’ fees from you for any claims
filed in arbitration that are not frivolous.

If you do not wish to be bound by arbitration and waive your rights to
participate in a class-action, you must notify us in writing by certified United
States mail within thirty (30) days of the date that you first access the Online
Services after the effective date of these Conditions of Use and include: (i)
your name, (ii) your account number or user name, if any, (iii) your mailing
address, (iv) name of Online Service to which your request applies or the
original purchase receipt showing the product name and date of purchase used in
connection with the Online Services, if any, and (v) a statement that you do not
wish to resolve disputes with us through arbitration. You must send your notice
in care of ScottsMiracleGro, 14111 Scottslawn Road, Marysville, Ohio 43040,
Attn: Legal Department. If you do not notify us within the time and method
provided, you agree to be bound by the arbitration and class-action waiver
provisions of these Conditions of Use.

The requirement of arbitration does not apply to actions for injunctive or other
equitable relief to protect confidential information and intellectual property
rights or to prevent loss of data or damage to our Online Services or servers in
any court of competent jurisdiction.


LIMITATION ON TIME TO FILE CLAIMS

You agree that regardless of any statute or law to the contrary, any claim or
cause of action arising between you and us including those that arise out of or
are related to use of the Online Services must be filed within one (1) year
after such claim or cause of action arose or be forever barred.


WAIVER AND SEVERABILITY

No waiver by the Company of any term or condition set out in these Conditions of
Use shall be deemed a further or continuing waiver of such term or condition or
a waiver of any other term or condition, and any failure of the Company to
assert a right or provision under these Conditions of Use shall not constitute a
waiver of such right or provision. If any provision of these Conditions of Use
is held by a court or other tribunal of competent jurisdiction to be invalid,
illegal, or unenforceable for any reason, such provision shall be eliminated or
limited to the minimum extent such that the remaining provisions of these
Conditions of Use will continue in full force and effect.


ENTIRE AGREEMENT

These Conditions of Use, together with any applicable Terms of Sale, and any
applicable Supplemental Terms constitute the sole and entire agreement between
you and us and our affiliates regarding the Online Services and supersede all
prior and contemporaneous understandings, agreements, representations, and
warranties, both written and oral, regarding the Online Services.


HOW TO CONTACT US

You may contact us regarding these Conditions of Use by email at
contractnotice@scotts.com, by phone at 888-270-3714, or mail in care of
ScottsMiracle-Gro, Attn: Legal Department, 14111 Scottslawn Road, Marysville,
Ohio 43041.

Telephone communications with us, including calls with any of our agents or
independent contractors, are routinely monitored and/or recorded. You expressly
consent, on behalf of yourself and other users of your phone number, to being
monitored or recorded. By providing us with a phone number (including mobile) as
your contact number, you expressly authorize us to contact you regarding your
account for non-telemarketing communications, via text message or telephone,
including the use of prerecorded or auto-dialed calls, using that number.

Effective Date: 1 January 2020

Reference (Conditions of Use 3.1.1)



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