EFFECTIVE DATE: October 30, 2023
We will maintain certain data that you transmit to the Site or Services for the purpose of managing the performance of the Site or Services, as well as data relating to your use of the Site or Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site or Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services, or uploading any data in the Platform (“Submissions”), you agree to assign to us all Intellectual Property Rights in such Submission. You agree that we shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You are solely responsible for your Submissions and you expressly agree to reimburse us for any and all losses that we may suffer because of your breach of (i) this section, (ii) any third party’s intellectual property rights, or (iii) applicable law.
You also acknowledge that you may not:
a. Systematically retrieve data or other content from the Site, Content, or Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
b. Make any unauthorized use of the Site, Content, or Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
c. Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.
d. Engage in unauthorized framing of or linking to the Services.
e. Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
f. Make improper use of our Services, including our support services or submit false reports of abuse or misconduct.
g. Engage in any automated use of the Services, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
h. Interfere with, disrupt, or create an undue burden on the Services or the networks or the Services connected.
i. Attempt to impersonate another user or person or use the username of another user.
j. Use any information obtained from the Services in order to harass, abuse, or harm another person.
k. Use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavor or commercial enterprise.
l. Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services, except as expressly permitted by applicable law.
m. Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.
Digital Millennium Copyright Act Compliance
We respect the intellectual property rights of others and expects users of the Site to do the same. At our sole discretion and in appropriate circumstances, we may terminate our agreements with companies of users or prevent access to the Site by users who infringe the intellectual property rights of others.
Pursuant to 17 USC 512(c)(2) (Digital Millennium Copyright Act of 1998), our designated agent for notice of alleged copyright infringement appearing on the Site is:
Attn: Legal – DMCA Notices
Grow Progress, Inc.
1201 Connecticut Ave NW, Suite 600
Washington, DC 20036
Filing a notice of infringement with Grow Progress requires compliance with the requirements specified in Title II of the Digital Millennium Copyright Act of 1998.
The Site may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by us of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
Use of the Site at Your Own Risk
Your access to and use of the Site, Content, and Services is at your own risk. We will have no responsibility for any harm to your computer system, loss of data, or other harm that results from your access to or use of the Site, Content, or Services.
The Site is Available “AS-IS”
THE SITE, CONTENT, AND SERVICES ARE PROVIDED “AS IS”, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, GROW PROGRESS EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT.
GROW PROGRESS MAKES NO WARRANTY THAT THE SITE, CONTENT, OR SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. GROW PROGRESS MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED THROUGH THE SITE, CONTENT OR SERVICES, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SITE, CONTENT OR SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM GROW PROGRESS OR THROUGH THE SITE, CONTENT, OR SERVICES, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER GROW PROGRESS NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, CONTENT, OR SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES RESULTING FROM YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITE, CONTENT, OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT GROW PROGRESS HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. YOU SPECIFICALLY ACKNOWLEDGE THAT GROW PROGRESS IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. FURTHER, GROW PROGRESS WILL HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY THIRD-PARTY CONTENT UPLOADED ONTO OR DOWNLOADED FROM THE SITE OR THROUGH THE SERVICES.
TO THE EXTENT PERMITTED BY LAW, YOU AGREE THAT THE AGGREGATE LIABILITY OF GROW PROGRESS TO YOU FOR ANY AND ALL CLAIMS ARISING FROM YOUR USE OF THE SITE, CONTENT OR SERVICES, OR GROW PROGRESS’S USE OF INFORMATION YOU HAVE PROVIDED TO IT, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING OR, IF NO FEES APPLY, ONE HUNDRED ($100) U.S. DOLLARS.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS AND SIGNATURES
Visiting the Site, Content, or Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic record.
MODIFICATIONS AND INTERRUPTIONS
Except as provided herein, we reserve the right to change, modify, or remove the contents of the Site, Content, and Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site, Content, and Services. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site, Content, and Services.
We cannot guarantee that access to the Site, Content, or the Services in general will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, Content, or Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site, Content, and Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site, Content, and Services during any downtime or their discontinuance.