Terms of Use

 

Effective January 28, 2013

 

Please read our Terms of Use ("Terms") carefully before continuing with your use of this Web site.  These Terms shall govern the use of this Web site and apply to all Internet traffic visiting this Web site.  These terms are meant to protect all of this Web site’s visitors.  By visiting or otherwise using this Web site, you signify your acceptance of these Terms.  If you disagree with any of the terms or conditions of these Terms, do not use this site.

 

Grow America, Inc. and/or its affiliates or its affiliated legal entities (collectively, “Grow America,” “us,” “we,” or like terms) reserves the right, at its sole discretion, to modify, change, or otherwise update the terms and conditions of these Terms at any time, with or without notice, and without liability to you or to any third party.  Accordingly, you should check for changes to these Terms when you use this site.  Your continued use of this site following the posting of changes constitutes your acceptance of the revised Terms, which shall be effective when posted.

 

1.      USE OF CONTENT:  This site is owned and operated by Grow America.  All material found at this site (including, among other things, visuals, images, text, icons, displays, databases, media, files, audio, video, music, and general information) is owned or licensed by us.  We may change this site or delete content or features at any time, in any way, and for any or no reason.  Grow America hereby grants you permission to use this site in accordance with the following terms:

a.       Except as we specifically agree in writing, you may not modify, distribute, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works of, publicly perform, publicly display, or in any way exploit any of the materials or content on this site in any way other than as part of this site.

b.      Nothing in these Terms grants you with any right or license to use any trademark, service mark, trade dress, or other identifier that belongs to Grow America or any provider of this site’s content.

c.       Notwithstanding the foregoing, we reserve the right, in our sole discretion, to deny, revoke, modify, or limit any use of this site and any material or feature provided through this site.

d.      All rights not expressly granted herein, are reserved.

 

Grow America respects the copyrights and other intellectual property rights of others and asks that you do the same.  It is not our responsibility to determine what "Fair Use" means for persons wishing to use material from this site.  That remains wholly a responsibility of the user.  Furthermore, we are not required to give additional source citations, or to guarantee that the material on this site is cleared for alternate uses.  Such ultimately remains the responsibility of the user.  However, Grow America maintains the right to prevent infringement of its material and to interpret "Fair Use" as it understands the law.

 

2.      RESTRICTIONS:  Your use of this site is further subject to the following site restrictions:

a.       You agree not to breach (or attempt to breach) any security or authentication measures associated with this site.  Accordingly, you agree not to access any feature of this site that you do not have the right to access or use.

b.      You agree not to (and not to attempt to) probe, scan, or test the vulnerability of this site or any associated system or network.

c.       You agree not to attempt to access or search this site with any engine, software, tool, agent, device, browser automation tool, or mechanism, other than with the software and/or search agents provided by us or with other generally available third-party Web browsers (such as Microsoft Internet Explorer or Mozilla Firefox).  Accordingly, you agree not to access this site by any automated means, including, without limitation, through the use of scripts, crawlers, or the like.

d.      You agree not to use this site in a manner that may be harmful to the systems operating this site or to others’ use of this site.  Thus, you agree not to tamper with, impair, damage, or otherwise impair (including, without limitation, via a virus, malware, Trojan horse, etc.) this site, any connected network, or any person or entity’s use or enjoyment of this site.

e.       You agree not to use this site to transmit or post spam, chain letters, contests, junk e-mail, pyramid schemes, surveys, or other mass messaging—whether commercial in nature or not.

 

3.      ACCOUNT:  To access certain information and functionality of this site (including, without limitation, to enter into, or to cast a vote in, a Grow AmericaSM competition (“Competition”)), you may be required to have a Facebook account and to log in to this site through your Facebook account (“Account”).  In this regard, you warrant that all information provided to Grow America through your Account is accurate, and you are required to update your Account as necessary to keep it accurate and complete.

 

You are wholly responsible for all activity that occurs through your Account, whether by you or by any other.  Additionally, you are wholly responsible for maintaining the confidentiality of your login information and keeping it safe.  Accordingly, you agree not to share your login information with anyone.  Grow America’s officers, directors, and employees are not able to see users’ complete login information and are not liable if any login information is made public. 

 

4.      REGISTRATION:  To access this site (or a related site) through your Account, you must:

a.       Be at least 18 years old;

b.      Provide complete and accurate information about yourself and your business or business idea;

c.       Not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person’s username password, or other Account information;

d.      Exercise reasonable care in protecting the confidentiality of your username and password;

e.       Be fully responsible for all use of this site through your Account, including use by any third party (whether authorized by you or not) having access to your Account;

f.       Promptly notify us at info@growam.com of any unauthorized use of your username, password, other Account information, or any other breach of security of which you become aware; and

g.      Exit from your Account at the end of each session.

 

5.      TERMINATION OF SITE ACCESS THROUGH ACCOUNT:  Grow America reserves the right, in its sole discretion, to terminate your ability to access this site through your Account or to otherwise block access to this site at any time:

a.       If Grow America suspects that you have not complied with these Terms;

b.      If Grow America receives notice of infringement in accordance with the Digital Millennium Copyright Act (described below) relating to your Account;

c.       For prolonged inactivity, which is considered to be ninety (90) days without accessing this site through your Account; and

d.      For any other reasons that Grow America determines, in good faith, are necessary or appropriate, including, without limitation, if Grow America suspects that you are using, or attempting to use, this site in any way that violates any applicable laws or regulations.

 

You agree that Grow America is not and will not be liable for any losses or damages that may result from refusal to provide access to this site through your Account.

 

You may terminate your Account at any time.

 

6.      USER SUBMISSIONS:  You understand that some material available through this site may possibly be submitted, posted, embedded, uploaded, or otherwise provided by users.  Such material can include photos, images, text, video recordings, audio recordings, artwork, files, media, messages, displays, markings, edits, code, music, and/or other forms of content (referred to herein as a “Submission” or “Submissions”).  Moreover, (in addition to Competition Submissions, described in the Competition Rules) there are two general types of Submissions users can make to this site, namely Account Submissions and Public Submissions (collectively and individually referred to herein as a “Submission”).  In this regard, an Account Submission is any Submission provided to this site and/or Grow America through your Account, while Public Submissions are a sub-class of Account Submissions, which are provided for possible inclusion on a portion of this site marked, or otherwise classified, as a “Public Forum.” 

 

a.       SUBMISSION GUIDELINES:  In order to provide a Submission:

                          i.            You must be 18 or older;

                        ii.            All Submissions must be your original creation, or you must hold all rights to the Submission, including, without limitation, the copyright or a valid license to all content in the Submission;

                      iii.            Your Submission must be in English or must be submitted with a corresponding English translation;

                      iv.            Your Submission must comply with these Terms; and

                        v.            You are solely responsible for the content of your Submission and the consequences of submitting and/or publishing your Submission on this site.

 

b.        SUBMISSION RESTRICTIONS:

                          i.                  Your Submission cannot contain material that violates or infringes the rights of others, including, but not limited to, the privacy, publicity, or intellectual property rights (including, without limitation, the copyright, trademark, trade secret, or patent rights) of others.  In this regard, the Submission cannot contain trademarks or copyrighted music, images, footage, artwork, or videos, unless such content is owned or properly licensed by you, or unless Grow America has specifically indicated that such content can be provided;

                        ii.                  Your Submission cannot contain tortious, degrading, derogatory, defamatory, slanderous, or libelous materials;

                      iii.                  Your Submission cannot (in any form and using any available tool on any Grow America Web site, whether intended to be private to you or to be shared with the public) contain inappropriate, indecent, filthy, obscene, pornographic, hateful, threatening, bigoted, racially offensive, sexually explicit, lewd, lascivious, excessively violent, harassing, illegal, demeaning, discriminatory, or otherwise inappropriate or objectionable materials, as determined in Grow America’s sole discretion;

                      iv.                  Your Submission cannot contain unlawful or illegal materials, materials contrary to the laws or regulations in the jurisdiction in which the Submission was created, or material that encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them; and

                        v.                  Your Submission cannot contain a virus or other harmful component.

 

We cannot and do not assure that other users are or will be complying with the foregoing or any other provision of these Terms, and, as between you and us, you hereby assume all risk of harm or injury resulting from any such lack of compliance.

 

7.      LICENSE GRANTS:  You retain all of your ownership rights in your Submissions.  That said, you grant the following licenses:

a.       For all Account Submissions you provide to this site, you hereby grant Grow America with a worldwide, irrevocable, fully-paid, royalty-free, non-exclusive, perpetual, transferable, and sub-licensable license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights, and other intellectual property rights you own or control to reproduce, review, summarize, store, modify, compile, adapt, use and publish in aggregation with other users’ Submissions, and otherwise use your Account Submissions in any and all formats, and in any and all manners that Grow America, in its sole discretion, deems appropriate for the management of any interaction with this site through your Account, to provide suggestions to you and/or your company, for the optimization of this site and Grow America’s operations, and/or to find potential third-party vendors or service providers that may potentially provide relevant goods or services to you and/or your company.

b.      For all Public Submissions you provide to this site, you hereby grant Grow America with a worldwide, irrevocable, fully-paid, royalty-free, non-exclusive, perpetual, transferable, and sub-licensable license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights, and other intellectual property rights you own or control to reproduce, modify, edit, adapt, publish, translate, create derivative works from, distribute, perform, display, incorporate into other works, license, sublicense, sell, and to otherwise use your Public Submission (in whole or in part) throughout the universe, in any form, media, or technology that is now known or later developed, and as Grow America, in its sole discretion, deems appropriate.  You also hereby grant to each user of this site a non-exclusive license to access your Public Submission through this site, and to use, reproduce, distribute, display, and perform your Public Submission as permitted through the functionality of this site and according to these Terms.  In the event that Grow America publicly uses your Public Submission (or any portion thereof) outside of the context of this site, Grow America will take reasonable measures to notify you of such use (e.g., via the e-mail address associated with your Account).

 

8.      ADDITIONAL GRANTS AND RELEASES:  You agree that while we are under no obligation to provide you with credit for any of your Submissions, we may, at our sole discretion, distribute your name, voice, image, likeness, performance, and other personal information, as provided by you, in connection with your Submission, and in accordance with these Terms and our Privacy Policy (which is hereby incorporated into these Terms).  You also agree that we are not obligated to use your Submission, in any manner.

 

By providing a Submission, you represent and warrant that such Submission complies with these Terms, and that you own or have the necessary rights, licenses, consents, and permissions, without the need for any permission from or payment to any other person or entity, to exploit, and to authorize us to exploit, such Submission in all manners contemplated by these Terms.  If any of your Submissions include the name, image, voice, story, performance, or likeness of a third party or contain any element not owned by You (including, but not limited to, any music, trademarks, images, logos, or copyrighted material), then you must, upon Grow America’s request, provide Grow America with proof of valid releases and/or licenses, in a form acceptable to Grow America, for all such materials, showing that Grow America has the right to use your Submissions in accordance with its rights and licenses set forth herein.  If your Submission includes the name, image, voice, story, performance, or likeness of one or more minors, then you must, upon request, provide Grow America, with releases signed by the parent or legal guardian of such minors, showing that Grow America has the right to use such Submission in accordance with the rights and licenses set forth herein.

 

To the fullest extent allowable by law, you also hereby waive any and all “moral rights,” “ancillary rights,” or similar rights in or to your Submission.

 

While we acknowledge that you shall continue to own any copyright in your Submissions (as discussed above in Section 7), subject to the rights and licenses granted herein, you acknowledge and agree that you will not have any right, title, or interest in or to any work, publication, or material that is produced by us and which contains all or a portion of your Submission in accordance with these Terms.  You also agree that you will not sell or license any part of your Submission in any way that would impair or restrict us from fully using the rights and licenses you have granted to us herein.  Additionally, you agree that you shall have no claim of any kind or nature against us based on the exercise of any of the rights, licenses, and releases granted to us herein.

 

9.      MONITORING:  You also understand and agree that we are under no obligation to monitor, block, or otherwise screen the content of any Submission (Account or Public) that is posted on or transmitted through this site.  That said, you understand that we reserve (in our sole discretion, at any time, for any reason or no reason, and with or without notice) the right to monitor, block, delete, filter, remove, and otherwise screen any Submission.

 

We also reserve sole discretion and right to deny, revoke, disable, terminate, modify, limit, and to otherwise change your use of this site, at any time and in any manner, with or without notice.  Accordingly, you hereby agree that in the event that we terminate your ability to use this site or that we delete your Submission from this site, we may retain your Submission and continue to use it in accordance with the terms and conditions of these Terms.  You further agree that in the event that we terminate your ability to use this site, you will not have access to data or other material stored at this site, and you will immediately stop accessing and trying to access this site.

 

While we endeavor to keep the materials on this site appropriate, you understand and acknowledge that when using this site, you will be exposed to Submissions provided by a variety of sources, and that we are not responsible for the accuracy, usefulness, safety, or intellectual property rights of, or relating to, such Submissions.  Similarly, you understand there is some possibility that you may be exposed to Submissions that are inaccurate, offensive, indecent, or otherwise objectionable, and you hereby waive any legal or equitable rights or remedies you have or may have against Grow America with respect thereto.

 

While we have the right to review all Submissions, we cannot guarantee that we review all Submissions submitted through every feature on each Grow America Web site.  Accordingly, we are unable to take protective measures in the event you provide content disclosing information about a person that is a victim of harm or abuse or is at risk of becoming a victim of harm or abuse.

 

If we become aware of any Submission that is considered to be offensive or that could compromise the privacy of personal information (including yours or others), we will do our best to block or remove such a Submission.

 

10.  NO CONFIDENTIALITY:  You understand that your Submissions (Account and Public Submissions) are not confidential nor submitted in confidence or trust and no confidential or fiduciary relationship is intended or created by making a Submission.  Accordingly, you agree to not send confidential information (such as aNY trade secret, private information, secret business plans, enabling information, or any other such confidential or proprietary information), through this site (including, without limitation, as any type of Submission) or any other communication system made available by Grow America.

 

You understand that Grow America and its related entities are diversified companies who may possess or come to possess information similar or identical to information contained in your Submissions, and you agree that any such similarity or identity shall not give rise to any claim or entitlement, whether for compensation, credit, or otherwise.  We want to avoid the possibility of future misunderstandings when projects developed by us or under our direction might seem to others to be similar to their own creative work.  Thus, by making a Submission, you hereby release Grow America and its directors, officers, shareholders, employees, and licensees from any and all claims relating to your Submission. 

 

We, our licensees, distributors, agents, representatives, and other authorized users shall be entitled to exploit and disclose all Submissions in accordance with these Terms, and we shall not be liable to you (or to any person claiming through you) for any exploitation or disclosure of any Submission.

 

You acknowledge that public forums, Accounts, and features provided therein are not private communications and that you have no expectation of privacy with regard to any Submission you provide thereto.  We cannot guarantee the security of any information you provide to this site—you make such disclosures at your own risk.

 

11.  COMPETITIONS AND COMPETITION SUBMISSIONS:  Competitions and Submissions for Competitions are governed by our respective Competition Rules and any corresponding Competition Overview.

 

12.  VOTING FOR SOCIAL COMPETITIONS:  If you desire to vote for one or more participants of a Competition, you must first have an Account with Facebook (or, in Grow America’s sole discretion, an account with another social networking provider).  Then, on any calendar day of this Competition, you can vote for as many participants of that Competition as you choose.  That said, you can only cast one (1) vote for a specific participant on a single calendar day of this Competition.  Please note, however, that the value each vote can vary from between 1 and 5 points (inclusive) from day to day, as determined and announced by Grow America, in its sole discretion.  Additionally, please note that while a single person can only vote once for a specific participant on any calendar day of the Competition, the person voting can still earn additional points for a specific participant by performing one or more actions requested by Grow America (wherein such actions may include, but are not limited to, sharing on Facebook, sharing on Twitter, etc.).

 

13.  FACEBOOK:  This Competition is in no way sponsored, endorsed, or administered by, or associated with Facebook.  You understand that any information you provide through this site, including, without limitation, through your Account, is provided to Grow America and not to Facebook.  Additionally, you hereby release Facebook from any and all claims arising from or relating to any Competition.

 

14.  PRIVACY:  Information about you is subject to our Privacy Policy.  For more information, please review our full Privacy Policy.

 

15.  CONSIDERATION:  You agree that your use of this site; the receipt of data, materials, and/or information through this site; and/or the ability to provide a Submission to this site (or an affiliated site) is adequate consideration for all rights, licenses, waivers, and releases granted herein.  Accordingly, you agree that you will not receive any other compensation or payment for any Submission, or for any rights, licenses, waivers, or releases you grant herein.

 

16.  SCOPE OF THESE TERMS:  These Terms apply only to the Web sites that are owned or operated by Grow America and not to any other organizations' Web sites which are linked to or from our sites; either from our sites, from e-mails from Grow America, or from other methods of communication.  While this site may allow you to access and/or interact with some features of a third-party software or site (e.g., Facebook, Twitter, etc.), you understand that any use of such software and sites will require you to comply with the applicable terms and conditions governing the use of such software and sites.  Outside of its Web sites, Grow America does not make any warrantee or guarantee regarding other resources and Web sites.  Accordingly, you are encouraged to complete your own analysis and due diligence regarding other resources and Web sites.

 

When you use a link to go from this site to another Web site, these Terms no longer apply (unless, of course, that site is also owned or operated by Grow America).  Browsing and interaction on any other Web sites, including Web sites that this site references, is subject to their own rules and policies.  Please read those rules and policies before proceeding.  Grow America does not make any representations about the practices and policies of any organization or Web site linked to this site and disclaims any liability or responsibility for other Web site’s content, rules, policies, or otherwise.

 

Any links to non-Grow America information or references to unaffiliated organizations are provided as a courtesy and convenience.  Such links and references are not intended to, nor do they constitute, an endorsement of the linked materials or the referenced organizations by Grow America.  The content and views on such links and of such organizations are solely their own and do not necessarily reflect those of Grow America, or its officers, directors, associates, agents, representatives, or employees.

 

17.  COPYRIGHT NOTICE:  Grow America has made every effort to ensure that all content on this site, where Grow America maintains a copyright, are unique and original works.  Any similarities to Grow AmericaSM copyrighted material and other content, in terms of word usage, structure, sequencing, organization, or design is purely coincidental.  If a user of a Grow America Web site believes that content on this site is similar in material ways to other content, please contact Grow America at info@growam.com.

 

18.  DIGITAL MILLENNIUM COPYRIGHT ACT:  Grow America respects the intellectual property of others and requires that users do the same.  Grow America will process notices of alleged infringement which it receives and will take appropriate action as required by the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws.  If you believe that your work has been copied and is accessible on this site in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should provide Grow America with the following information in a notice (“Notice”).  To be effective, the Notice must be in writing and contain all of the following information (DMCA, 17 U.S.C. §512(c)(3)):

a.       Your physical or electronic signature (you must be either the owner, or a person authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed).

b.      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.

c.       Identification of the claimed infringing material that is to be removed or to which access is to be disabled, and information reasonably sufficient to permit us to locate the material. Placing URLs in the body of your notification will help us locate content quickly.

d.      Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and, if available, your e-mail address.

e.       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.

f.       A statement that the information in the notification is accurate, and that, under penalty of perjury, you are the copyright owner or are authorized to act on the copyright owner’s behalf.

 

Send the Notice to Grow America’s DMCA Complaints Agent for notice of claims of copyright infringement as follows:

 

      Grow America, Inc.

      DMCA Complaints Agent

      2036 Lincoln Ave., Ste. 104

      Ogden, UT 84401

      Phone: (866) 748-1552

      Fax: (801) 748-1501

      E-mail: info@growam.com

 

19.  PROTECTION OF USER INTELLECTUAL PROPERTY:  Grow America does not guarantee that you have any intellectual property (“IP”).  Furthermore, Grow America makes no representation that it can identify whether a user’s ideas and information constitute IP or not.  If you believe that you do (or even think you may) have IP, then you need to speak with a knowledgeable intellectual property or patent attorney or legal firm.  Patent protection can come by working with a knowledgeable and reputable law firm or patent attorney and is beyond the scope of Grow America’s offerings.  Furthermore, Grow America provides no claim or assurance that this site adheres to the public disclosure clauses of patent protection laws of various countries.  It is strongly recommended (as discussed above in Section 10) that you omit specific enabling information in the disclosure of concepts that you consider to require IP protection.  Grow America makes no representation that such considerations are required, valid, or sufficient to protect your IP.

 

20.  TECHNOLOGY:  Grow America is not responsible for failures in technology.  Grow America will make efforts to keep redundant data and to store backups, but the data might be lost due to technology failure, software coding failures, or acts of God. 

 

21.  DISCLAIMER OF WARRANTIES:  The content provided on or through this site (including, but not limited to, any suggestions) is presented as a courtesy to be used only for informational purposes and is not represented to be error free.  Grow America makes no representations or warranties of any kind with respect to this site or its content, such representations and warranties being expressly disclaimed.

 

Indeed, This site, including any and all software and content (which includes, but is not limited to, any suggestions) on this web site, are distributed and made available on an "AS IS" basis to anyone who visits or otherWise uses thIS site, and are made available without warranties of any kind, either express or implied.  To the fullest extent permissible pursuant to applicable law, we disclaim all warranties, express or implied, including, but not limited to, warranties of title and implied warranties of merchantability and fitness for a particular purpose.  We do not warrant that functions contained at this site will be uninterrupted or error free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or other harmful components. 

 

Furthermore, we make no warranties or representations about the accuracy or completeness of any user submissions to this site or any content, and we assume no liability for (1) any errors, omissions, mistakes, or inaccuracies, in accepting or posting any submissions or content; (2) personal injury, property damage, or other damage of any nature whatsoever, resulting from any submission, content, or your access to and/or use of (Or inability to use) this site or any competition; (3) any errors, omissions, mistakes, or inaccuracies in any submission or content; or (4) any loss or damage of any kind incurred as a result of the use, inability to use, or access of material (including any submission or content provided or otherwise made available through this site or by Grow america).  Grow America also makes no warrantIes or guarantees that the use of thIS site, entry into any competition through this site, or the concepts, suggestions, information, or other content provided (or processes used) by this Web site will result in a benefit to you, your business, or venture.  You further agree that your sole remedy for dissatisfaction with or harm resulting from your use of this site is to stop using this site. 

 

This site is not intended to provide (nor should anyone consider that it provides) legal, accounting, tax, or other advice.  Such advice should only be rendered in reference to the particular facts and circumstances appropriate to each situation.  Grow America encourages you to contact appropriate professionals to assess specific needs and circumstances and to render such advice accordingly.

 

22.  LIMITATION OF LIABILITY:  Under no circumstances, including negligence, shall we, our licensors or licensees, or any other of the foregoing entities’ respective resellers, distributors, service providers or suppliers, be liable to you or any other person or entity for any direct, indirect, incidental, special, or consequential damages, including, but not limited to, lost profits, business interruption, personal injury (including death), loss of programs or other data, and property damage of any nature whatsoever, that results from (a) the use of, or inability to use, this site or its content, (b) reliance on materials, content, or links made available through this site, or (c) the conduct of actions, whether online or offline, of any user of this site or any other person or entity, even if we have been advised of the possibility of such damages.  In no event shall our total liability to you for all damages, losses, and causes of action exceed the amount paid by you, if any, for accessing this site or any linked Web site.  Moreover, under no circumstances shall we, our licensors or licensees, or any of the foregoing entities’ respective resellers, distributors, service providers, or suppliers be held liable for any delay or failure in performance resulting directly or indirectly from an act of force majeure or causes beyond our or their control.

 

23.  DISPUTE RESOLUTION:  Although users are solely responsible for their interactions with vendors and other users of this site, Grow America reserves the right, but has no obligation, to mediate or otherwise resolve any disputes between you and other participants.  In the event that Grow America does become involved in any such dispute, you agree that Grow America's decisions shall be final, irreversible, and non-appealable; and to fully comply with the result thereof.  The final remedy of any dispute arising from Grow America’s actions is limited to the return of any funds paid to Grow America by the user involved in the dispute resolution.

 

24.  GOVERNING LAW:  These Terms and the resolution of any dispute related to these Terms of this site shall be governed and construed in accordance with the laws of the United States and the laws of the State of Utah applicable to contracts executed and performed within Utah, without giving any effect to any conflict of laws that may result in the application of the laws of any other jurisdiction.  These Terms are deemed executed and enforceable in the State of Utah.

 

25.  BINDING ARBITRATION:  If a dispute arises between you and Grow America, each party irrevocably agrees to:

a.       Resolve the dispute through binding arbitration conducted in Salt Lake County, Utah;

b.      Bring any dispute to enforce arbitration under these Terms or to pursue injunctive relief exclusively in the federal and state courts located in Salt Lake County, Utah, United States of America; and

c.       Submit to the exclusive jurisdiction of those courts and waive any objection to the exclusive jurisdiction of those courts based on forum non conveniens or other grounds.

 

Each party will be responsible for its expenses and an equal share of the arbitrators' and administrative fees of arbitration.  Notwithstanding the foregoing, each party will have the right to seek temporary injunctive relief if it determines it is necessary in order to prevent irreparable harm (including infringement of any intellectual property).  You also agree that any cause of action you may have arising out of or relating to these Terms, this site, or any submission must commence within one (1) year after the cause of action accrues; otherwise, such cause of action shall be permanently barred.

 

26.  CHANGES TO THIS SITE:  Grow America has the right to update, change, remove, or alter this site's functionality, content, look and feel, and services offered at any time and with or without notice.  By using this site, you give Grow America the right to: make changes, update, deploy, or otherwise modify the content (e.g., of this site and any Competition) based on and using feedback provided by you, without payment or royalties.

 

27.  Company/EntityIf you are using this site or submit any Submission on behalf of a company or entity, then in addition to being bound by these Terms, you hereby warrant that you are authorized to, and do hereby, bind such company or entity to these Terms.

 

28.  SEVERABILITY:  If any of the terms or conditions of these Terms is determined to be invalid, void, or unenforceable for any reason, then the unenforceable provision will be deemed amended in a manner that will most nearly carry out the intent of the provision to the fullest extent permitted by applicable law or deleted if amendment is not possible, and the remaining terms and conditions will be enforceable to the fullest extent permitted by law.

 

Grow America’s failure to enforce these Terms in every instance in which they might apply is not a waiver of any of Grow America’s rights, and Grow America reserves its right to take all legal steps available to enforcement of these Terms.

 

29.  SITE INTENDED FOR U.S. RESIDENTS:  This site is intended for and directed to residents of the United States and all advertising claims contained in this site are valid only in the United States.


Copyright © 2013 Grow America, Inc. All rights reserved.