PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT CAREFULLY. BY ACCESSING OR USING OUR SITES AND OUR SERVICES, YOU HEREBY AGREE TO BE BOUND BY THE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IT IS THE RESPONSIBILITY OF YOU, THE USER, CUSTOMER, OR PROSPECTIVE CUSTOMER TO READ THE TERMS AND CONDITIONS BEFORE PROCEEDING TO USE THIS SITE. IF YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN PLEASE DO NOT ACCESS OR USE OUR SITES OR OUR SERVICES. THIS TERMS OF SERVICE AGREEMENT IS EFFECTIVE AS OF 03/27/2018.
ACCEPTANCE OF TERMS
The following Terms of Service Agreement (the "TOS") is a legally binding agreement that shall govern the relationship with our users and others which may interact or interface with GrowSurf, Inc., a Delaware corporation having a principal office located at 2035 Sunset Lake Road, Ste B2, Newark, DE 19702 (“GrowSurf”) and our subsidiaries and affiliates, in association with the use of the website, which includes growsurf.com, (the "Site") and its Services, which shall be defined below.
By clicking on an "I agree" box or entering your name and other contact information on this website, you agree to these terms and conditions, in exchange for the information provided to you on the site, and any services or products you order. You intend such click or data entry to constitute your signature, consistent with 15 U.S. Code 7001(a)(1). You acknowledge that for each instance of such agreement, the electronic record of such click or information submission, with the then relevant contents of this website (such as the "legal" page) constitute the text provided to you in the TOS, and that you have been informed you can obtain a digital copy of same by contacting the registered owner of the Site on the Internet Corporation for Assigned Names and Numbers registry or by contacting firstname.lastname@example.org. You are aware that you can withdraw your consent or other registration at any time, but that any product or services orders are not, unless not yet final, cancelled by such removal of consent to registration or continuing online contract. All contract terms are, you agree, if so signed, effective to bind you until the date such registration or signed consent or other signature by digital means is cancelled.
Further, you agree to be bound by any additional terms (“Additional Terms”), which may be required by GrowSurf, with respect to any individual services that you request from us.
In the event that any of the terms, conditions and notices contained herein conflict with the Additional Terms or other terms and guidelines contained within any particular section of the Site or with any terms included with any services requested from GrowSurf, then these TOS shall control.
You agree to provide true, accurate, current and complete information about yourself as prompted by the Site’s registration form and other relevant forms. You further agree that such information will be updated to keep it accurate.
If you do not agree with these TOS or any revised policy, please exit the Site immediately.
DESCRIPTION OF WEBSITE SERVICES OFFERED
The Site provides marketing and contact management services for customers (the “Services”), which has the following description: GrowSurf lets you launch and manage refer-a-friend programs for your business.
Any and all visitors to our site, despite whether they are registered or not, shall be deemed as "users" of the herein contained Services provided for the purpose of this TOS. Once you register for our Services, through the process of creating an account, you shall then be considered a "member."
You acknowledge and agree that the Services provided and made available through the Site and GrowSurf’s applications, which may include some mobile applications and that those applications may be made available on various social media networking sites and numerous other platforms and downloadable programs, are the sole property of GrowSurf. At its sole discretion, GrowSurf may offer additional website services and/or products, or update, modify or revise any current content and Services, and these TOS shall apply to any and all such additional services and/or products and any and all updated, modified or revised Services unless otherwise stipulated. GrowSurf does hereby reserve the right to cancel and cease offering any of the aforementioned Services and/or products. You, as the end user and/or member, acknowledge, accept and agree that GrowSurf shall not be held liable for any such updates, modifications, revisions, suspensions or discontinuance of any of our Services and/or products. Your continued use of the Services, after such posting of any updates, changes, and/or modifications, shall constitute your acceptance of such updates, changes and/or modifications, and as such, frequent review of these TOS and any and all applicable terms and policies should be made by you to ensure you are aware of all terms and policies currently in effect. Should you not agree to the updated, revised or modified terms, you must immediately stop using the Services.
Furthermore, you understand, acknowledge and agree that the Services offered shall be provided "AS IS," with no warranties, including those of merchantability or fitness for a particular purpose, and as such GrowSurf shall not assume any responsibility or obligation for the timeliness, missed delivery, deletion and/or any failure to store user content, communication or personalization settings.
To register and become a "member" of the Site, you must be at least 18 years of age to enter into and form a legally binding contract. By using the Site, you represent and warrant to GrowSurf that you are at least 18-years-old. In addition, if you have been previously barred or restricted from receiving the Services by GrowSurf or under the laws and statutes of the United States or other applicable jurisdiction, you are prohibited for further use of the Services, and by using the Site you represent and warrant to GrowSurf that no such restriction applies to you.
When you register, GrowSurf may collect information such as your name, e-mail address, birth date, gender, mailing address, occupation, industry and personal interests. You can edit your account information at any time. Once you register through the Site, you are no longer anonymous to us.
Furthermore, you hereby represent and warrant to GrowSurf that, by accessing the Site:
If you have breached any of the foregoing representations and warranties contained in this Agreement, GrowSurf may, in its sole discretion, suspend or terminate your continued use of the Services or the Site.
It is GrowSurf's priority to ensure the safety and privacy of all its visitors, users and members, especially that of children. Therefore, it is for this reason that you represent and warrant that you will not allow, and you will not authorize, anyone under 18-years-old to access or use the Site.
MEMBER ACCOUNT, USERNAME, PASSWORD AND SECURITY
When you set up an account, you are the sole authorized user of your account. You shall be responsible for maintaining the secrecy and confidentiality of your password and for all activities that transpire on or within your account. It is your responsibility for any act or omission of any user(s) that access your account information that, if undertaken by you, would be deemed a violation of the TOS. It shall be your responsibility to notify GrowSurf immediately if you notice any unauthorized access or use of your account or password or any other breach of security. GrowSurf shall not be held liable for any loss and/or damage arising from any failure to comply with this term and/or condition of the TOS.
You acknowledge, understand and agree that all information, text, software, data, photographs, music, video, messages, tags or any other content, whether it is publicly or privately posted and/or transmitted to the Site, is the expressed sole responsibility of the individual from whom the content originated. In short, this means that you are solely responsible for any and all content posted, uploaded, emailed, transmitted or otherwise made available by way of the Services or published to the Site, and as such, we do not guarantee the accuracy, integrity or quality of such content. It is expressly understood that by use of our Services and the Site, you may be exposed to content including, but not limited to, any errors or omissions in any content posted, and/or any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available by GrowSurf.
Furthermore, you herein agree not to make use of the Site or the Services for the purpose of:
GrowSurf herein reserves the right to pre-screen, refuse and/or delete any content currently available through our Services. In addition, we reserve the right to remove and/or delete any such content that would violate the TOS or which would otherwise be considered offensive to other visitors, users and/or members.
GrowSurf herein reserves the right to access, preserve and/or disclose member account information and/or content if it is requested to do so by law enforcement or in good faith believes that any such action is deemed reasonably necessary for:
GrowSurf herein reserves the right to include the use of security components that may permit digital information or material to be protected, and that such use of information and/or material is subject to usage guidelines and regulations established by GrowSurf or any other content providers supplying content services to GrowSurf. You are hereby prohibited from making any attempt to override or circumvent any of the embedded usage rules in our Services. Furthermore, unauthorized reproduction, publication, distribution, or exhibition of any information or materials supplied by our Services, despite whether done so in whole or in part, is expressly prohibited.
CAUTIONS FOR GLOBAL USE AND EXPORT AND IMPORT COMPLIANCE
Due to the global nature of the internet, through the use of the Site or the Services you hereby agree to comply with all local rules relating to online conduct and that which is considered acceptable content. Uploading, posting and/or transferring of software, technology and other technical data may be subject to the export and import laws of the United States and possibly other countries. Through the use of our network, you thus agree to comply with all applicable export and import laws, statutes and regulations, including, but not limited to, the Export Administration Regulations (http://www.access.gpo.gov/bis/ear/ear_data.html), as well as the sanctions control program of the United States (http://www.treasury.gov/resource-center/sanctions/Programs/Pages/Programs.aspx). Furthermore, you state and pledge that you:
Upon registering for a GrowSurf trial, GrowSurf may refer to customers (including any customer-related companies affiliated through ownership or control) on GrowSurf’s website or other marketing material which displays members of GrowSurf and to use customer as a possible reference, provided that customer may decline GrowSurf this right, by emailing email@example.com stating that they do not wish to be used as a reference or listed on GrowSurf’s website. Thirty (30) days following a successful trial period, GrowSurf and customer may issue a press release or other public statement related to this Agreement if each consents in writing to the same.
CONTENT PLACED OR MADE AVAILABLE FOR COMPANY SERVICES
By providing content or information to GrowSurf, including by submitting or uploading content or materials for use on the Site, including, without limitation, photos, audio, video, graphics, software or any other content, you represent and warrant that you or the owner of all rights to such content or materials has expressly granted us an irrevocable worldwide, royalty-free license, in perpetuity, to use and exploit, in all languages all or any part of the content and materials provided by you, or derivative works developed from such content. GrowSurf may publish and distribute any such submitted content or materials, at our sole discretion, by any method now existing or later developed. You agree that you shall waive all claims and have no recourse against us for any alleged or actual, direct, or indirect infringement or misappropriation of any proprietary rights in any communication, content or material submitted to us. Any communication or material you send to us will be treated as non-confidential and non-proprietary and may be disseminated or used by us for any purpose, including, but not limited to, developing, creating, manufacturing or marketing products or services.
CONTRIBUTIONS TO COMPANY WEBSITE
GrowSurf provides an area for you and our users and members to contribute feedback to our website. When you submit ideas, documents, suggestions and/or proposals ("Contributions") to our site, you acknowledge and agree that:
a) your Contributions do not contain any type of confidential or proprietary information;
b) you are not under any obligation to ensure or maintain confidentiality, expressed or implied, related to any Contributions;
c) you are entitled to make use of and/or disclose any such Contributions in any such manner as they may see fit;
d) the your Contributions shall automatically become the sole property of GrowSurf; and
e) GrowSurf is under no obligation to either compensate or provide any form of reimbursement in any manner or nature.
You agree to indemnify, insure, defend, and hold GrowSurf, and its subsidiaries, affiliates, shareholders, agents, employees, officers, partners and/or licensors harmless from and against any and all claims, lawsuits, causes of action, damages, or demands, which may include, but is not limited to, reasonable attorneys’ fees, costs of defense or settlement, or any other damage which are related to, may arise from, or in connection with your use of the Site or the Services or your violations of the TOS.
COMMERCIAL REUSE OF SERVICES
You agree not to replicate, duplicate, copy, trade, sell, resell nor exploit for any commercial reason any part, use of, or access to the Site.
USE AND STORAGE GENERAL PRACTICES
You herein acknowledge that GrowSurf may set up any such practices and/or limits regarding the use of our Services, without limitation of the maximum number of days that any email, message posting or any other uploaded content shall be retained by GrowSurf, nor the maximum number of email messages that may be sent and/or received by any member, the maximum volume or size of any email message that may be sent from or may be received by an account on our Service, the maximum disk space allowable that shall be allocated on GrowSurf's servers on the member's behalf, and/or the maximum number of times and/or duration that any member may access our Services in a given period of time. In addition, you also agree that GrowSurf has absolutely no responsibility or liability for the removal or failure to maintain storage of any messages and/or other communications or content maintained or transmitted by our Services. You also herein acknowledge that we reserve the right to delete or remove any account that is no longer active for an extended period of time. Furthermore, GrowSurf shall reserve the right to modify, alter and/or update these general practices and limits at our discretion.
GrowSurf shall reserve the right at any time it may deem fit, to modify, alter and or discontinue, whether temporarily or permanently, our service, or any part thereof, with or without prior notice. In addition, we shall not be held liable to you or to any third party for any such alteration, modification, suspension and/or discontinuance of our Services, or any part thereof.
As a member of growsurf.com, you may cancel or terminate your account, associated email address and/or access to our Services by submitting a cancellation or termination request to firstname.lastname@example.org.
As a member, you agree that GrowSurf may, without any prior written notice, immediately suspend, terminate, discontinue and/or limit your account, any email associated with your account, and access to any of our Services. The cause for such termination, discontinuance, suspension and/or limitation of access shall include, but is not limited to:
a) any breach or violation of our TOS or any other incorporated agreement, regulation and/or guideline;
b) by way of requests from law enforcement or any other governmental agencies;
c) the discontinuance, alteration and/or material modification to our Services, or any part thereof;
d) unexpected technical or security issues and/or problems;
e) any extended periods of inactivity;
f) any engagement by you in any fraudulent or illegal activities; and/or
g) the nonpayment of any associated fees that may be owed by you in connection with your growsurf.com account Services.
Furthermore, you herein agree that any and all terminations, suspensions, discontinuances, and or limitations of access for cause shall be made at our sole discretion and that we shall not be liable to you or any other third party with regards to the termination of your account, associated email address and/or access to any of our Services.
The termination of your account with growsurf.com shall include any and/or all of the following:
a) the removal of any access to all or part of the Services offered within growsurf.com;
b) the deletion of your password and any and all related information, files, and any such content that may be associated with or inside your account, or any part thereof; and
c) the barring of any further use of all or part of our Services.
Any correspondence or business dealings with, or the participation in any promotions of, advertisers located on the Site or through our Services, which may include the payment and/or delivery of such related goods and/or Services, and any such other term, condition, warranty and/or representation associated with such dealings, are and shall be solely between you and any such advertiser. Moreover, you herein agree that GrowSurf shall not be held responsible or liable for any loss or damage of any nature or manner incurred as a direct result of any such dealings or as a result of the presence of such advertisers on our website.
Either GrowSurf or any third parties may provide links to other websites and/or resources. Thus, you acknowledge and agree that we are not responsible for the availability of any such external sites or resources, and as such, we do not endorse nor are we responsible or liable for any content, products, advertising or any other materials, on or available from such third party sites or resources. Furthermore, you acknowledge and agree that GrowSurf shall not be responsible or liable, directly or indirectly, for any such damage or loss which may be a result of, caused or allegedly to be caused by or in connection with the use of or the reliance on any such content, goods or Services made available on or through any such site or resource.
You do hereby acknowledge and agree that GrowSurf's Services and any software that may be used in connection with our Services ("Software") contains proprietary and confidential material that is protected by applicable intellectual property rights and other laws. Furthermore, you herein acknowledge and agree that any Content which may be contained in any advertisements or information presented by and through the Site and our Services or by advertisers is protected by copyrights, trademarks, patents or other proprietary rights and laws. Therefore, except for that which is expressly permitted by applicable law or as authorized by GrowSurf or such applicable licensor, you agree not to alter, modify, lease, rent, loan, sell, distribute, transmit, broadcast, publicly perform and/or created any plagiaristic works which are based on GrowSurf Services (e.g. content or software), in whole or part.
GrowSurf herein has granted you personal, non-transferable and non-exclusive rights and/or license to make use of the object code or our Software on a single computer, as long as you do not, and shall not, allow any third party to duplicate, alter, modify, create or plagiarize work from, reverse engineer, reverse assemble or otherwise make an attempt to locate or discern any source code, sell, assign, sublicense, grant a security interest in and/or otherwise transfer any such right in the Software. Furthermore, you do herein agree not to alter or change the Software in any manner, nature or form, and as such, not to use any modified versions of the Software, including and without limitation, for the purpose of obtaining unauthorized access to our Services. Lastly, you also agree not to access or attempt to access our Services through any means other than through the interface which is provided by GrowSurf for use in accessing our Services.
YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
a) THE USE OF GROWSURF SERVICES AND SOFTWARE ARE AT THE SOLE RISK BY YOU. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN "AS IS" AND/OR "AS AVAILABLE" BASIS. GROWSURF AND ITS SUBSIDIARIES,AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, OR SHAREHOLDERS, MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS OR ACCURACY OF THE INFORMATION, SOFTWARE, SERVICES, AND RELATED GRAPHICS CONTAINED WITHIN THE SITE FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, SERVICES, AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. GROWSURF DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, SERVICES, AND RELATED GRAPHICS, INCLUDING ALL EXPRESS AND IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANSHIP, TITLE AND NON-INFRINGEMENT.
b) GROWSURF AND ITS SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, SHAREHOLDERS, AGENTS, REPRESENTATIVES AND LICENSORS MAKE NO SUCH WARRANTIES THAT (i) THE SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE GROWSURF SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED.
c) ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF THE SERVICES OR SOFTWARE SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL.
d) NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM GROWSURF OR BY WAY OF OR FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
e) A SMALL PERCENTAGE OF SOME USERS MAY EXPERIENCE SOME DEGREE OF EPILEPTIC SEIZURE WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS THAT MAY BE CONTAINED ON A COMPUTER SCREEN OR WHILE USING OUR SERVICES. CERTAIN CONDITIONS MAY INDUCE A PREVIOUSLY UNKNOWN CONDITION OR UNDETECTED EPILEPTIC SYMPTOM IN USERS WHO HAVE SHOWN NO HISTORY OF ANY PRIOR SEIZURE OR EPILEPSY. SHOULD YOU, ANYONE YOU KNOW OR ANYONE IN YOUR FAMILY HAVE AN EPILEPTIC CONDITION, PLEASE CONSULT A PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING OUR SERVICES: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
LIMITATION OF LIABILITY
YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT GROWSURF AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, SHAREHOLDERS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM:
a) THE USE OR INABILITY TO USE THE SITE, THE SERVICES OR ANY SOFTWARE RELATED THERETO;
b) THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES;
c) UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONS AND/OR DATA;
d) STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE;
e) AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.
To the extent permitted by law, you expressly agree that GrowSurf and its subsidiaries and affiliates, and their respective shareholders, owners, employees, representatives, officers, directors, and agents (collectively, the “GrowSurf Agents”), shall not be liable for any claims, demands, damages, litigation, rights of action, or causes of action, including, without limitation, injury, theft, loss of property, whether the same be present or future, known or unknown, foreseen or unforeseen, anticipated or unanticipated, or directly or indirectly resulting from, or arising out of, your use of the Site or the Services and any and all claims brought by third parties arising out of your use of the Site or the Services (collectively, “Claims”). You hereby fully and forever release and discharge GrowSurf and the GrowSurf Agents from any and all Claims.
SPECIAL ADMONITION RELATED TO FINANCIAL MATTERS
Should you intend to create or to join any service, receive or request any such news, messages, alerts or other information from our Services concerning companies, stock quotes, investments or securities, please review the above Sections Warranty Disclaimers and Limitations of Liability again. In addition, for this particular type of information, the phrase "Let the investor beware" is appropriate. GrowSurf's content is provided primarily for informational purposes, and no content that shall be provided or included in our Services is intended for trading or investing purposes. GrowSurf and our licensors shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted and/or made available by way of our Services, and shall not be responsible or liable for any trading and/or investment decisions based on any such information.
EXCLUSION AND LIMITATIONS
THERE ARE SOME JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS OF SECTIONS WARRANTY DISCLAIMERS AND LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.
THIRD PARTY BENEFICIARIES
You herein acknowledge, understand and agree, unless otherwise expressly provided in this TOS, that there shall be no third-party beneficiaries to these TOS.
GrowSurf may furnish you with notices, including those with regards to any changes to the TOS, including but not limited to email, regular mail, MMS or SMS, text messaging, postings on our website Services, or other reasonable means currently known or any which may be hereinafter developed. Any such notices may not be received if you violate any aspects of the TOS by accessing our Services in an unauthorized manner.
When you visit the Site or send e-mail communications to GrowSurf through the Site, you are communicating with us electronically and, as such, you consent to receive communications from us electronically. We will communicate with you by e-mail, facsimile, or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that GrowSurf provides to you electronically satisfy any legal requirements that such communication be in writing. Further, your acceptance of this TOS constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed our Services in an authorized manner.
You herein acknowledge, understand and agree that all of the GrowSurf trademarks, copyright, trade name, service marks, and other GrowSurf logos and any brand features, and/or product and service names are trademarks and as such, are and shall remain the property of GrowSurf. You agree that nothing herein grants to you any ownership of, or license to use, GrowSurf’s intellectual property by virtue of these TOS, and you agree not to display and/or use in any manner the GrowSurf logo or marks without obtaining GrowSurf's prior written consent.
COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS NOTICE & PROCEDURES
GrowSurf will always respect the intellectual property of others, and we ask that all of our users do the same. With regards to appropriate circumstances and at its sole discretion, GrowSurf may disable and/or terminate the accounts of any user who violates our TOS and/or infringes the rights of others. If you feel that your work has been duplicated in such a way that would constitute copyright infringement, or if you believe your intellectual property rights have been otherwise violated, you should provide to us the following information:
a) The electronic or the physical signature of the individual that is authorized on behalf of the owner of the copyright or other intellectual property interest;
b) A description of the copyrighted work or other intellectual property that you believe has been infringed upon;
c) A description of the location of the site which you allege has been infringing upon your work;
d) Your physical address, telephone number, and email address;
e) A statement, in which you state that the alleged and disputed use of your work is not authorized by the copyright owner, its agents or the law;
f) And finally, a statement, made under penalty of perjury, that the aforementioned information in your notice is truthful and accurate, and that you are the copyright or intellectual property owner, representative or agent authorized to act on the copyright or intellectual property owner's behalf.
The GrowSurf Agent for notice of claims of copyright or other intellectual property infringement can be contacted as follows:
Attn: Copyright Agent
1 E Erie St
Chicago, IL 60611
You acknowledge that GrowSurf complies with all applicable Federal Communications Commission rules and regulations regarding the closed captioning of video content. For more information, please visit our website at growsurf.com.
This TOS constitutes the entire agreement between you and GrowSurf and shall govern the use of our Services, superseding any prior version of this TOS between you and us with respect to GrowSurf Services. You may also be subject to additional terms and conditions that may apply when you use or purchase certain other GrowSurf Services, affiliate Services, third-party content or third-party software.
CHOICE OF LAW AND FORUM
It is at the mutual agreement of both you and GrowSurf with regard to the TOS that the relationship between the parties shall be governed by the laws of the state of Illinois without regard to its conflict of law provisions and that any and all claims, causes of action and/or disputes, arising out of or relating to the TOS, or the relationship between you and GrowSurf, shall be filed within the state or federal courts having jurisdiction within the County of Cook, Illinois or the U.S. District Court located in said state. You and GrowSurf agree to submit to the jurisdiction of the courts as previously mentioned, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
WAIVER AND SEVERABILITY OF TERMS
At any time, should GrowSurf fail to exercise or enforce any right or provision of the TOS, such failure shall not constitute a waiver of such right or provision. If any provision of this TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
NO RIGHT OF SURVIVORSHIP NON-TRANSFERABILITY
You acknowledge, understand and agree that your account is non-transferable and any rights to your ID and/or contents within your account shall terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
STATUTE OF LIMITATIONS
You acknowledge, understand and agree that regardless of any statute or law to the contrary, any claim or action arising out of or related to the use of our Services or the TOS must be filed within 1 year(s) after said claim or cause of action arose or shall be forever barred.
Please report any and all violations of this TOS to GrowSurf as follows:
1 E Erie St
Chicago, IL 60611