Terms and Conditions of Use
Disclaimer of Warranties and Limitation of Liability
GrowConnect.org (the “Site) is a website owned and operated by GrowConnect, LLC. Unless specifically stated, nothing contained in or through the Site, other than these Terms and Conditions of Use (Terms), constitutes, nor is intended to constitute, an offer, inducement, promise, or contract of any kind.
The content provided on the Site is presented as a courtesy to be used only for informational purposes and is not represented to be error free. GrowConnect makes no representations or warranties of any kind with respect to the Site or its content, such representations and warranties being expressly disclaimed.
GrowConnect does not represent or warrant that the content of the Site is accurate, complete, or current for any specific or particular purpose or application, and GrowConnect makes no guarantees that the use of this website or the concepts taught or processes used by the web site result in a successful business. Further, GrowConnect.org does not warrant that the use of this web site will result in a viable or sustainable idea or business venture. The Site, including any and all software and content on the web site, are distributed and made available to anyone who visits the Site (a “User”) on an “as is” basis. without warranties of any kind, either express or implied, and including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose.
The Site is not intended to provide nor should anyone consider that they provide legal, accounting, tax or other advice. Such advice should only be rendered in reference to the particular facts and circumstances appropriate to each situation. GrowConnect encourages Users to contact appropriate professionals to assess specific needs and circumstances and to render such advice accordingly.
In no event will GrowConnect or any of its officers, trustees, associates, contractors or employees be liable for any damages that might result from any use of or reliance on materials or links made available on or through the Site, whether direct, indirect, special, general, consequential, for alleged lost profits, or otherwise.
Scope of This Statement
This policy applies only to the GrowConnect website and not to any other organizations’ web sites which are linked to from the Site, either from the Site, emails from GrowConnect, or from other methods of communication. GrowConnect.org may refer users to other resources and web sites, GrowConnect.org does not make any warrantee or guarantees regarding other resources and web sites. Users are encouraged to complete their own analysis and due diligence regarding other resources and webs sites.
When Users use a link to go from GrowConnect.org and are taken to another web site, GrowConnect.org Terms and Conditions no longer apply. Browsing and interaction on any other web sites, including web sites that GrowConnect.org references, are subject to their own rules and policies. Please read those rules and policies before proceeding. GrowConnect does not make any representations about the practices and policies of any organization or web site linked to and disclaims any liability or responsibility for other website’ s content, rules, policies or otherwise.
Any links to non-GrowConnect 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 GrowConnect. The content and views on such links and of such organizations are solely their own and do not necessarily reflect those of GrowConnect, or the organizations’ officers, directors, associates or employees.
Copyright Notice
All content on the Site not created by Users is copyrighted and is the property of GrowConnect unless specifically stated otherwise in writing. Users may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works of, distribute, publicly perform, publicly display or in any way exploit any of the materials or content on the Site in whole or in part without express, written permission from GrowConnect.
Users of this GrowConnect.org agree to abide by the terms and conditions advanced by specific copyright holders.
GrowConnect has made every effort to ensure that all content on the web site; where GrowConnect maintains a copyright, are unique and original works. Any similarities to GrowConnect copyright material and other content, in terms of word usage, structure, sequencing, organization or design is purely coincidental. If a user of the GrowConnect web site believes that content on the site is similar in material ways to other content, please contact us at GrowConnect.
Data Collection
Information Collected
The types of information that may be collected on the Site include:
Personal information Users knowingly choose to disclose through registration or use of the Site (“Voluntary Information”)
Site use information from all users collected on an aggregate basis (“Non-identifying Information”)
Site usage information tied to Users personal information (“User Information”)
Voluntary Information
Users who supply information will be included in a contact database which GrowConnect will use to send emails and other communications. GrowConnect will do its best to store the latest information entered by Users on the site. However, Users agree to be responsible for backing up their information, and recognize that GrowConnect does not store previous versions of the information Users have entered into the Site.
Non-Identifying Information
GrowConnect monitors all User activity on the Site to obtain overall usage statistics. Information collected includes, but is not limited to: domain name, browser type, operating system, geographic origin, referring domain, MIME type, internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, on-site bookmarks, on-site subscriptions, click stream data, site navigation history, etc. This Non-identifying Information is for internal consumption and is only shared with third parties on a statistically aggregated basis.
No specific or personally identifiable information collected through this process is ever shared with a third party. GrowConnect uses information which does not identify individual users to analyze trends, administer the site, track users’ movements around the site and, gather information about the user base as a whole. GrowConnect may collect this non-personal information even if Users are not registered on the Site.
The process of gathering and analyzing non-identifying information is essential to GrowConnect in the fulfillment of GrowConnect’s mission and to better align the web site and third party resources to meet the needs of GrowConnect users.
User Information
Non-Identifying Information may be linked to Voluntary information, or other personally identifiable information. This information is tied to personal information to provide feedback about the User’s experiences on the Site and to provide information that Users might find interesting or informative. GrowConnect may also link this information to a particular individual or combine it with personal information if GrowConnect has determined that it needs to identify a user because of safety or security issues or to comply with legal requirements. GrowConnect does not share this automatically-collected data with third parties except those that provide direct services to GrowConnect to facilitate the upkeep of and services provided thorough the Site.
Cookies
To enable GrowConnect to offer the best possible experience to visitors of the Site and to offer continually updated information, Users are assigned unique identification numbers which are stored in a file on their personal hard drive called a “cookie.” Cookies by themselves cannot be used to find out the identity of any User. This unique identification number automatically identifies specific Users’s browsers to GrowConnect and the Site whenever Users interact and browse the Site.
Cookies allow GrowConnect to understand User behavior so GrowConnect can more effectively develop information and programs to serve users better. The cookies automatically gather certain usage information like the numbers and frequency of visitors to the Site and areas visited on the Site. GrowConnect only uses such data in the aggregate. This collective data helps determine how the Site is used.
Users concerned about the use of cookies have the option to set their browsers to warn them before accepting cookies, or to turn off cookies entirely. However, disabling cookies might interfere with the use of the Site.
E-mail Tracking
Emails sent from GrowConnect might contain e-mail tracking devices to measure the activity of the e-mail, including clicking on a link within an e-mail and the forwarding of the e-mail . This information is tied to Users’ e-mail addresses when stored.
Credit Card Information
If Users choose to purchase products, services, subscriptions, or memberships on the Site, they may need to provide personal information and authorization for GrowConnect to obtain information from various credit services. For example, in addition to the information above, Users may need to provide a mailing address, billing address, credit card information and telephone number.
When credit card or other personal information is provided through the web site, this will be accomplished by establishing a “secure session” sing Secure Socket Layer (SSL), or Secure Electronics Transaction (SET) protocols. These protocols encrypt all information before it is sent. The information is scrambled en route and decoded once it reaches the Site.
Registration and Termination of Account
Registration
To access certain information and functionality, Users must register on the Site and open a user account (“Account”). Users are responsible for maintaining the confidentiality of the user name and password associated with their Account and for all activity under their Account. Users warrant that all information provided to GrowConnect is accurate, and Users are required to update their Account as necessary to keep it accurate and complete.
Users are wholly responsible for keeping their login information safe. By sharing login information, Users grant others full permission to view, edit, and share their information stored on this site. Also, by sharing login information, a User grant others permission to distribute or change the login information, and any other information that the User has entered into the Site. GrowConnect officers, directors, and employees are not able to see users complete login information and are not liable if any User’s login information is made public to people who the user did or did not explicitly give permission to.
To register for an Account of the Site, Users must:
Be at least 13 years old
Provide complete and accurate information about them and their business or business idea.
Enter a “User Profile” during the registration process and maintain the accuracy of that information by promptly updating the User Profile if and when any of that information changes.
Exercise reasonable care in protecting the confidentiality of their User name and Password for access to their account.
Be fully responsible for all use of their Account, including use by any third party (whether authorized by the User or not) having access to their Account.
By opening an Account on the Site, Users give GrowConnect permission to send them emails for the purpose of informing Users of changes in the Site or any services, and requesting their participation in various surveys and other feedback designed to assist GrowConnect in better understanding the Site and how to improve the Site experience.
Termination of Account
GrowConnect reserves the right in its sole discretion to terminate a User’s Account or to block access to the Site at any time:
If GrowConnect suspects that the User has not complied with these Terms,
If GrowConnect receives notice of infringement in accordance with the Digital Millennium Copyright Act relating to the User’s Account,
For any other reasons that GrowConnect determines in good faith are necessary or appropriate, including if GrowConnect suspects the User is using, or attempting to use, the Site in any way that violates any applicable laws or regulations.
GrowConnect may also terminate a User’s Account for prolonged inactivity. Prolonged inactivity is a User account that has not been accessed for over 90 days. Users agree that GrowConnect is not and will not be liable for any loss or damages that may result from refusal to provide access to the Site.
Users may terminate their Account at any time.
Information Sharing
GrowConnect will make best efforts to keep data on this website secure. Furthermore, GrowConnect and its officers, directors, and employees will not steal business ideas entered into the Site. However, GrowConnect does not guarantee that any business idea developed by any User is unique. GrowConnect will not be held liable if other individuals develop, describe, pursue, or profit from similar ideas whether those individuals be other Users of the Site, non-users of the Site, or GrowConnect officers, directors, employees, partners, or any other person or business.
Coaches
By choosing to have a coach, the User gives the coach(s) permission to view all information the User has entered into the site. The only information coaches cannot access is the User’s login information. Coaches do not have access to change any information Users have entered into the Site unless the User–or another person or group with access to the User’s account–provides the coach(s) with the User’s login information.
Sharing Information
GrowConnect does not rent, sell, or share any personal information about individual Users with any third party except to operate the Site, provide the products or services the User requested, and to send the User information.
The information Users provide to GrowConnect is also used to better understand the content needs of users to the Site. GrowConnect’s goal in collecting personal information and monitoring visitor traffic patterns through use of cookies, log files, and e-mail tracking is to provide the best possible web experience.
GrowConnect may occasionally hire other companies to provide limited services on behalf of GrowConnect, including (but not limited to): packaging and mailing, answering customer questions about products or services, sending and tracking postal mail or email, processing data, etc. GrowConnect will only provide those companies with the information they need to deliver the service, and they are prohibited from using that information for any other purpose.
GrowConnect reserves the right to disclose Users’s personally identifiable information to respond to a subpoena, court order or other legal process, to defend GrowConnect against legal claims, or if GrowConnect determines it is necessary to investigate or take action in connection with activities that GrowConnect suspects are illegal, threaten the safety of any person or are in violation of these Terms.
Protection of User Intellectual Property
GrowConnect does not guarantee that the User has intellectual property (“IP”). Furthermore, GrowConnect makes no representation that they can identify whether a Users ideas and information constitute IP or not. If Users believe that they do have IP, then they need to speak with a knowledgeable IP/patent attorney, legal firm. Patent protection can only come by working with a knowledgeable and reputable law firm or patent attorney.
User Responsibilities
Users agree to not send confidential information, such as Social Security Number, through the web site email system or any other communication system made available by GrowConnect. Further, all Users agree, warrant and represent that at no time shall Users, or any third party using a User’s Account, use the 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.
Further, Users agree, warrant and represent that at no time shall they or any third party using their account, gain, or attempt to gain, access to the Site, or third-party account information thereon or therein, or any computer systems or networks connected to the Site by hacking, password mining or any other illegal means.
Security
When GrowConnect stores information which Users have provided, that information is protected by security measures that can include:
Firewalls
Intrusion detection systems
Secure socket layer (SSL)
Data encryption
Other security measures such as secure storage
Unfortunately, no data transmission over the internet or data repository can be guaranteed to be 100% secure. As a result GrowConnect cannot guarantee or warrant the security of any information Users disclose or transmit to GrowConnect online and cannot be responsible for the theft, destruction or inadvertent disclosure of User’s personal information.
Technology
GrowConnect is not responsible for failures in technology. GrowConnect 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. GrowConnect does not warrant that the functions contained in the material will be uninterrupted or error-free, that defects will be corrected, or that the Site or the servers that make them available are free of viruses or other harmful components.
Digital Millennium Copyright Act
GrowConnect respects the intellectual property of others and requires that Users do the same. GrowConnect 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 anyone believes that their work has been copied and is accessible on this Site in a way that constitutes copyright infringement, or that their intellectual property rights have been otherwise violated, they should provide GrowConnect with the following information in a notice (“Notice”). To be effective, the Notice must be in writing and contain the following information (DMCA, 17 U.S.C ยง512(c)(3)):
An electronic or physical signature of the person who is authorized to act on behalf of the copyright owner,
A description of the copyrighted work claimed to have been infringed.
Identification of the copyrighted work which is claimed to be infringed (and, if possible, a location where an authorized copy of the copyrighted work exists, for example the URL of the website where it is posted or the name of the book in which it has been published).
Identification of the URL or other specific location on the Site where the possible infringing material is located (enough information must be included that GrowConnect can locate the material).
The claimant’s address, telephone number, and email address.
A statement by the claimant that he/she/they have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
A statement by the claimant, made under penalty of perjury, that the above information in the Notice is accurate and that the claimant is the copyright owner or authorized to act on the copyright owner’s s behalf.
Send the Notice to the GrowConnect DMCA Complaints Agent for notice of claims of copyright infringement as follows:
GrowConnect
DMCA Complaints Agent
1050 East 3300 South
Salt Lake City, UT 84106
Phone: 877-210-8984
Fax: 801-990-1062
Email: info@growconnect.org
Dispute Resolution
Although Users are solely responsible for their interactions with coaches, and other Users of the Site, GrowConnect reserves the right, but has no obligation, to mediate or otherwise resolve any disputes between Users and other participants. In the event that GrowConnect does become involved in any such dispute, Users agree that GrowConnect’s decision shall be final, irreversible and non-appealable; and to fully comply with the result thereof. The final remedy of any dispute arising from GrowConnect actions is limited to the return of any funds paid to GrowConnect by the user involved in the dispute resolution.
Governing Law
These Terms and the resolution of any dispute related to these Terms or the 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.
Binding Arbitration
If a dispute arises between Users and GrowConnect, each party irrevocably agrees to:
Resolve the dispute through binding arbitration conducted in Sandy, Utah.
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.
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). Users agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or these terms must be filed within one 1 year after such claim or cause of action arose or be forever barred.
Changes to the Site
GrowConnect has the right to update, change, remove, or alter the Site’s functionality, content, and services offered at any time and without notice. By using the Site, Users give GrowConnect the right to make changes, update, deploy, or otherwise modify the content based on and using feedback provided by Users without payment or royalties.
Changes to the Terms
These Terms may be modified at any time by GrowConnect. Users are responsible for reviewing these terms prior to participation and of use each time the Users enter the Site and prior to participating. By continuing to participate on the Site (whether Users have an Account or not), Users agree to be bound by any such modification, and the particular version of the Terms in effect at the time.
At any time and without notice or liability, GrowConnect may change, suspend or discontinue any aspect of the look, feel, or functionality of, or any of the services available on, the Site, or alter or limit access to that Site or any of the services provided.
Severability
If any 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 will be enforceable to the fullest extent permitted by law.
GrowConnect’s failure to enforce these Terms in every instance in which they might apply is not a waiver of any of GrowConnect’s rights, and GrowConnect reserves its right to take all legal steps available to enforcement of these Terms.