Growfio Website Terms of Service

Version No. 3 | Effective as of March 1, 2017

 

https://www.growfio.com/ (IN ITS ENTIRETY, THISSITE”), REQUIRES CONSIDERATION FOR, AND AS A CONDITION TO, YOUR ACCESS TO THE WRITTEN TEXT, IMAGES AND VIDEO CONTENT CONTAINED ON THIS SITE (THEMATERIALS”). READING AND ACCEPTING THESE WEBSITE TERMS OF SERVICE (THESE “TERMS”) AND READING AND ACCEPTING THE PRIVACY POLICY OF THIS SITE ARE REQUIRED CONSIDERATION FOR GROWFIO LLC GRANTING YOU THE RIGHT TO VISIT, BROWSE AND INTERACT WITH THE SITE AND MATERIALS.

This Site and the Materials have been created and compiled by Growfio LLC (the “Company,” “we,” or “us”) as a service to you, as a visitor to the Site, which you can view via internet connected devices. Any other use, including reproduction, modification, distribution, transmission, re-publication, display, etc. of the Materials is strictly prohibited.

By viewing the Site and the Materials contained within the Site, you are agreeing to these Terms as well as to our Privacy Policy, which is agreed to be integrated in and a part of these Terms. You agree that these Terms and our Privacy Policy are binding contractual agreements between you and us. If you do not agree with any aspect of either these Terms, or of our Privacy Policy, you do not have our consent to, and you may not, access or browse this Site and the Materials.

You may use this Site and the Materials only if you are legally capable of forming a binding contract with us and are not a person barred from receiving our Products and Services under the laws of the United States or other applicable jurisdiction. If you are accepting these Terms and using the Site and Materials on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so. You may use this Site and the Materials only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.

By visiting and browsing the Site and Materials, you (or the legal entity you are authorized to represent) are a party to a legally binding agreement consisting of these Terms and our Privacy Policy. We are the other party to this legally binding agreement.

For the purpose of these Terms, references to “Products” means Growfio’s custom template websites, domain names and other products you may purchase from us, and “Services” means the hosting services and any maintenance and other services we provide to you.

Copyright Notice | Growfio’s Rights

This Site and the Materials contained in it are owned by us or have been duly licensed to us for use on our Site, and are protected by applicable United States and International copyright laws, including without limitation, the U.S. Copyright Act, 17 U.S.C. §§ 101 – 810.

These terms do not grant you any rights to reproduce, display, broadcast or store the Site or the Materials.

You may not use the domain name associated with this website as an invisible or visible keyword, or as an embedded keyword and/or meta tag (or other embedding technique) without our prior written consent. You may not hyperlink to this Site or the Materials, nor are you allowed to ‘frame’ the Site or Materials without our prior written consent. You specifically agree to cooperate with us to remove or de-activate any such activities, without us waiving our rights to damages at law.

We reserve the right, as applicable, to refuse service and/or to cancel orders in our sole and absolute discretion, including, without limitation, if we conclude that your conduct or proposed conduct is or may be illegal, or that it could be harmful to us or our customers’ interests.

We have the legal right to refuse to accept orders before commencing work if we in our sole discretion deem such orders to be unreasonable or beyond the scope and intended level of Products and Services we offered. If we exercise our right to refuse to fulfil your request, we will refund your prepaid fees in full.

Collection and Use of Your Personal Information

Information you submit to us through forms on this Site may contain your “Personal Information.” Our collection, storage and use practices with regard to information collected by us through the Site are governed by our separate Privacy Policy. By browsing this Site and viewing the Materials, you are agreeing to both these Terms and to our Privacy Policy, which is integrated into and is a part of these Terms. If you do not agree to any aspect of either these Terms, or of our Privacy Policy, you do not have our consent to, and may not access or browse this Site and the Materials.

Disclaimers | Your Obligations and Responsibilities

The Site and Materials are provided “as is” without any express or implied warranty of any kind including warranties of merchantability, non-infringement of intellectual property, or fitness for any particular purpose. We are not responsible for any damages whatsoever alleged by you to arise out of your use of, or inability to use this Site and the Materials. We do not guaranty that this Site will be available without interruption, or that it will be accessible error-free, or that any defects in it will be corrected, or that this Site and/or the servers that make it available to you are free of viruses or other harmful components.

We do not guarantee that all items appearing on the Site are currently available for purchase or that such items have not been discontinued or modified. If you download any Materials or information from this Site, you do so at your own risk. We make no warranty that downloads are free of corrupting computer codes, including viruses and/or worms.

We are not responsible for technical, hardware, or software failures of any kind, lost or unavailable network connections, or incomplete, garbled, or delayed computer transmissions alleged by you to arise out of your use of this Site and the Materials.

You are responsible for safeguarding the password that you use to access any Products and Services that are offered through this Site, and for any activities or actions taken under your password. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. We are not liable for any loss or damage arising from your failure to comply with the above.

You may not do any of the following while accessing or using the Site and Materials: (i) access, tamper with, or use non-public areas of the Site, our computer systems, or the technical delivery systems of our providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search our Site and the Materials by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by us; (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Site to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Site, or by scripting in such a manner as to interfere with or create an undue burden on the Site.

This Site may contain links to other sites (including the sites of our clients whether hosted by us or otherwise), and/or to platforms that are not maintained by us, including links to our social media accounts on Facebook, Twitter, and Instagram. By including these links on our Site, we do not endorse those other sites and we are not responsible for the content of such sites. When you visit such other sites, their own terms of use and privacy policy (if any) will apply to your use of such sites. We have no business affiliation with Facebook, Twitter, and Instagram (other than as a commercial end-user of such platforms) or with any other such third party. Any trademarks or service marks associated with those companies and platforms appearing on this Site are the exclusive property of those companies.

ALL PERSONS UNDER THE AGE OF 13 ARE DENIED ACCESS TO THIS WEBSITE. IF YOU ARE UNDER 13 YEARS OF AGE, IT IS UNLAWFUL FOR YOU TO VISIT, READ, OR INTERACT WITH THIS SITE OR THE MATERIALS IN ANY MANNER. THIS WEBSITE SPECIFICALLY DENIES ACCESS TO ANY INDIVIDUAL THAT IS COVERED BY THE CHILD ONLINE PRIVACY PROTECTION ACT (“COPPA”) OF 1998, AS AMENDED.

By visiting, browsing and otherwise using this Site and Materials, and as a condition of our allowing you to browse and interact with the Site and Materials, you hereby forever waive all right to claim damages from us, of any and all description, whether physical or emotional, foreseeable or unforeseeable, whether personal or business in nature.

You expressly agree that in the event you cause us damage, which we are required to pay for, you, as further consideration for, and as a condition of our allowing you access to the Site and the Materials, promise to defend, indemnify and hold us harmless for all such damages and related costs.

Orders, Terms and Conditions of Sale, and Payment Terms

We only accept orders through the Site upon payment in full using our accepted payment methods. Your order will not be binding upon us until we have accepted it. Prices are subject to change without notice and all orders are subject to prior sale.

Quoted prices on the Site and in the Materials do not include applicable sales, excise, use or similar taxes. You are responsible for all transaction taxes associated with your purchases on this Site (if any).

When you place an order on this Site and we accept it, our e-Commerce payment processing system will immediately charge the payment method provided (currently only major credit cards are accepted) for the full amount of the order, through our secure payment processor partner. When you place an order with us, you are also agreeing to our payment processor’s terms of service.

Please see our Terms and Conditions of Sale for the terms that govern your orders placed through the Site. Please note that these Terms only govern your use of our Site (visiting and browsing this Site) and the Materials. The Terms and Conditions of Sale are your terms of purchase for Growfio Products and Services sold through the Site.

Applicable Laws | Venue

We control this Site from within the United States of America. We make no representation that the Site or the Materials are appropriate or available for use in other locations. If you access this Site from other locations, you do so at your own risk and peril and are responsible for compliance with all local laws that are applicable to you. Exportation of the Site and the Materials in violation of U.S. export laws and regulations is prohibited. Any claim relating to this Site or the Materials shall be governed by the internal substantive laws of the State of Maine, without regard to principles of conflicts of laws. We reserve the right to make changes to this Site, the Materials and these disclaimers, terms, and conditions at any time without notice to you.

As additional consideration for our permission for you to visit the Site and browse and use the Materials, you agree to use only binding arbitration for any claim, dispute, or controversy (“Claim”) of any kind (whether in contract, tort or otherwise) arising out of or relating to this Site, these Terms and our Privacy Policy. Arbitration shall be conducted pursuant to the rules of the American Arbitration Association (“AAA”) which are in effect on the date a dispute is submitted to the AAA. Information about the American Arbitration Association, its rules, and its forms are available from the American Arbitration Association, 335 Madison Avenue, Floor 10, New York, New York, 10017-4605. Any and all arbitration proceedings will take place in Portland, Maine and shall be governed by the laws of the State of Maine and/or of the United States of America, as applicable.

If, notwithstanding the foregoing, for any reason any matter concerning these Terms or our Privacy Policy is brought before a court of law, pre- or post-arbitration, you agree that the sole and proper jurisdiction for any such matter shall be a state, federal or other tribunal of competent jurisdiction located and sitting in Portland, Maine. You waive trial by jury in any such court proceeding to the fullest possible extent allowable under applicable law as additional consideration for, and as a condition to our allowing you to access the Site and to browse and use the Materials.

The prevailing party in any arbitration or judicial proceeding relating to this Site and the Materials shall be reimbursed by the other party for any and all costs associated with the dispute and arbitration or court proceedings, including, without limitation, the prevailing party’s attorney’s fees, collection fees, investigation fees and travel expenses.

It is your responsibility to review these Terms from time to time for updates and changes, if any. The most current version of these terms will always be available for you to view at https://growfio.com/terms-of-service/. You agree that your continued use of this Site following our publication of a change to the above referenced version of these Terms constitutes your agreement to all such changes. For avoidance of doubt, we do not owe you any duty to provide additional notice(s) of any kind for any reason and any such notice is waived as additional consideration, and as a condition, for our allowing you to use the Site and Materials.

For more information about us, these Terms, our Privacy Policy, Terms and Conditions of Sale or otherwise, please contact us by e-mail at [email protected].

© 2017 Growfio LLC. All rights reserved. Growfio and the Growfio Logo are trademarks of Growfio LLC.