Growfio Website Terms of Service
Version No. 4 | Effective as of August 22, 2017
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.
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.
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
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.
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.
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.
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