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Terms of Use

GROWUMS TERMS OF USE

We know parents are busy, so what follows is a brief summary of the rules for your family’s use of Growums.com.  In order to access and use our site, it is necessary for you to agree to all of the terms and conditions we prescribe in this Agreement.  If you do not agree to these terms and conditions, please do not use this site or permit your children to use the site.

  • All of the educational content, games, activities, and other features on Growums.com are here for you to enjoy with your child.  Features that are directed to parents and legal guardians (for example, this “Terms of Use Policy”) are for parents and legal guardians only.  Only you, and not your children, should be sending us information or submitting materials to Growums.com.
  • All of the elements of Growums.com, including the features, activities, content, and software, are the sole property of Growums and may be used by you and your children only for your personal, noncommercial use.
  • Anything you submit to Growums.com may be used by Growums anywhere, at any time, including use for other Preferred Commerce, Inc., marketing and promotional materials.
  • We would like your family’s experience on Growums.com to be safe, educational and user-friendly. If you ever see something on Growums.com that does not meet those expectations, please let us know. We strive to provide a positive and fun experience for families.

And now the details…

Welcome to Growums.com (“Growums.com” or “Website”), the official website of Learn2GrowKids, an entity of Preferred Commerce, Inc. (“Growums”).  Your use of this Website (which, for purposes of this Agreement, includes the use by members of your family) is expressly conditioned on your acceptance of and agreement to this Terms of Use Agreement (the "Agreement").  This Agreement sets forth the terms and conditions that apply to your use of this Website.  By using this Website, you agree to abide by this Agreement.  In addition, when using specific services or features, you agree to abide by any guidelines or rules posted in connection with such services or features, all of which are hereby incorporated by reference into this Agreement.  If you do not agree with any posted guidelines or rules, or with any part of this Agreement, you must not use this Website.

Growums reserves the right to change or discontinue any aspect or feature of the Website, including, but not limited to, content, hours of availability, and equipment needed for access or use, at any time.  Growums has the right to change or modify the terms and conditions in this Agreement, or to impose new conditions, including, but not limited to, adding fees and charges for use at any time.  Such changes, modifications, additions or deletions shall be effective immediately upon notice, which may be given by means including, but not limited to, posting on the Website, or by electronic or conventional mail, or by any other means by which you obtain notice. Your continued use of this Website following the posting of any changes to this Agreement means that you accept and agree to abide by such changes.

If you do not comply with this Agreement at all times when using this Website, Growums reserves the right to deny or restrict your access to this Website. The terms and conditions of this Agreement shall apply regardless of the means by which this Website was accessed, including, but not limited to, through the URL address, electronic mail, or links from other websites.  Users who are under 18 years old may use the areas of this Website not directed only to parents or legal guardians if a parent or legal guardian consents to such user’s use of this Website, assumes the obligations provided in this Agreement, and assumes full responsibility for such user’s use of this Website. If you are the parent or legal guardian of a user of this Website who is under 18 years old, you consent to such user’s use of this Website, assume the obligations provided in this Agreement, and assume full responsibility for such user’s use of this Website.

Use of Growums’ Website

By using Growums.com, you agree that:

  1. Your use of this Website (again, “your use” includes the use by members of your family), including, without limitation, any of its elements or content, is solely for your own noncommercial use and benefit.
  2. You shall abide by all applicable federal, state or local laws, including those pertaining to such areas as libel, slander, defamation, trade libel, product disparagement, harassment, invasion of privacy, tort, obscenity, indecency, and copyright or trademark infringement
  3. You will not interfere with any other user's use and enjoyment of this Website. You will not use this Website or the information contained in the Website in unsolicited mailings or spam material. In particular, you will not use any of our trademarks, trade names, service marks, copyrights, or logos in unsolicited mailings or spam material. You will not spam or send unsolicited mailings to any person or entity using this Website.
  4. You will not submit, post, upload, distribute, or otherwise make available any Submission (as defined below) that contains, in the opinion of Growums: (1) personal information about another person; (2) unlawful, harassing, libelous, defamatory, abusive, threatening, harmful, vulgar, obscene, indecent, profane, lewd, lascivious, filthy, excessively violent, offensive, or otherwise objectionable or unlawful material; (3) material that could harm minors; (4) any material that infringes any intellectual property or other proprietary rights of any person or entity, or any right of any person or entity; or (5) any information intended to promote and/or generate revenue for any third party business activity.
  5. You have all necessary rights, including, but not limited to, intellectual and other proprietary rights, in and to all Submissions you provide and all materials they contain.
  6. You will not delete any legal notices, proprietary notices (including trademark or copyright symbols), or disclaimers, or modify any logos that you do not own or have written permission to modify.
  7. You will not impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity, including, but not limited to, by using another person’s username, password, name, likeness, voice, or photograph. You will not submit any personal information to this Website, about yourself or others, that is not accurate and truthful.
  8. When using features on this Website that allow you to communicate with others, you will, in the opinion of Growums: (i) not upload or send any message that is unlawful, harassing, libelous, defamatory, abusive, threatening, harmful, vulgar, obscene, indecent, profane, lewd, lascivious, filthy, excessively violent, offensive, or otherwise objectionable; (ii) not upload or send any commercial, promotional, or solicitation information; and (iii) remain friendly and treat all recipients with respect. You will immediately cease using Website features to communicate with recipients who have requested not to receive communications from you.
  9. You will not use this Website for any unlawful purpose, including engaging in (or attempts to engage in) any criminal activity including, but not limited to, child pornography, stalking, sexual assault, fraud, harassment, and conspiracy to commit any criminal activity. You agree that your use of this Website will not harm minors in any way.
  10. You will not submit, post, upload, distribute, or otherwise make available any material that may contain a computer virus, trojan horse, timebomb, worm, other rogue programming or other harmful material (collectively, “Rogue Programming”), or otherwise impair, interrupt, destroy or limit the functionality of any computer software, hardware, or telecommunications equipment.
  11. You will not attempt to gain unauthorized access to Growums' computer systems. You recognize that not all areas of this Website may be available to you.

Growums cannot and does not guarantee that other Website users will comply with the rules above.

Proprietary Rights

Title and intellectual property rights to this Website and content on this Website, including but not limited to text, graphics or code, are owned by Preferred Commerce, Inc., its agents, suppliers, or affiliates or their licensors or otherwise by the owners of such material and are protected by copyright laws and treaties. Trademarks, trade names, service marks, copyrights, and logos of Preferred Commerce, including, without limitation, "Growums," the Growums.com name, the Learn2Grow.com name, the PlantFind.com name, and "Add a little character to your garden!" may not be used or copied in any manner without the express prior written consent of Preferred Commerce or except as specifically provided in this Agreement.  All other trademarks, trade names, service marks, copyrights, and logos appearing on this Website are the property of their respective owners.  Except as specifically provided in this Agreement, the copying, redistribution, reselling, or publication of any part of this Website without express prior written consent of Preferred Commerce or other owner of such material is prohibited.  In particular, except as specifically provided in this Agreement, Growums prohibits the use, copying, distribution, transmission, display, performance, or exploitation in any form or manner of any and all content on this Website (which includes, without limitation, any and all articles, text, graphics, logos, advertisements, video clips, music clips, still photographs, and software) without Preferred Commerce's express prior written consent.  Further, the computer code that Growums creates to generate its Website pages is protected by copyright and any copying or adapting of such code is strictly prohibited. Growums hereby grants you a personal, non-exclusive, non-assignable, non-sublicensable, and non-transferable limited license to use and display, for your noncommercial and personal use or to place an order with Growums, one copy of any content that you are authorized to download from this Website, including, without limitation, any files, codes, audio, or images incorporated in or generated by software on this Website, provided that you maintain all copyright and other notices contained in such material.

Registration

To access certain areas or features of this Website, you may be asked to register and to provide Growums with certain information about yourself.  Should you choose to register on this Website, you hereby represent, warrant, and covenant that: (i) you have the power and authority to enter into this Agreement; and (ii) you are at least eighteen (18) years old.  For information about our privacy practices, click here for our Privacy Policy.  You are responsible for providing Growums with true, accurate, and updated information about yourself.  If you provide any information that is untrue or inaccurate, or which Growums reasonably believes is untrue or inaccurate, Growums reserves the right to suspend or terminate your use of this Website.

You shall not use a username or password that Growums, in its sole discretion, deems offensive or inappropriate.  Growums reserves the right to deny creation of your account based on Growums' inability to verify the authenticity of your registration information. You shall be solely responsible for maintaining the confidentiality of your password.  You shall immediately email us at info@Growums.com to notify us of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password.  You are fully responsible for all usage and activity on your Growums account, including, but not limited to, use of the account by any third party authorized by you to use your username and password.   If the computer system on which you accessed this Website is sold or transferred to another party, you warrant and represent that you will delete all cookies and software files obtained by or through use of this Website. You may terminate your account at any time by contacting us at info@Growums.com . Notwithstanding anything else herein, Growums reserves the right to pursue any and all claims against any user of your account.  You agree to maintain only one account at any time and certify that you currently have no other account(s) with this Website.

Submissions

Growums is pleased to hear from its users and welcomes your comments regarding this Website. However, Growums does not consider creative ideas, suggestions, or materials other than those it has specifically requested. This policy is designed to avoid misunderstandings if projects developed by Growums' professional staff seem to others to be similar to their own creative work.  Accordingly, Growums requests that your comments relate to those services and products offered by Growums, and that you not submit any creative ideas, suggestions, or materials.

If you send, submit, upload, post, or otherwise make available comments or submissions, including, without limitation, postings to blogs, contest or sweepstakes entries, digital artworks, photographs, messages to other Growums.com users, your child’s original work in the form of a greeting card, craft or other creative entry including, without limitation, any accompanying drawing, photograph, voice, actions, likeness, child’s first name, child’s age, and child’s city and state of residence, or unsolicited creative ideas, suggestions, or materials (each a "Submission" and collectively, the "Submissions"), the Submissions shall be deemed, and shall remain, the property of Growums.  None of the Submissions shall be subject to any obligation of confidence on the part of Growums and Growums shall not be liable for any use or disclosure of any Submissions.

You hereby consent to the use and reuse by Growums, and any of its respective licensees, designees, assignees, parents, subsidiaries, or affiliated entities and each of their respective employees, agents, representatives, offices and directors (collectively "Releasees") of your Submission, as edited, altered, or modified by the Releasees and that Releasees shall exclusively own all right, title, or interest in the Submission, in any and all media now known or hereafter devised, in any and all versions, worldwide in perpetuity. You agree the Releasees may use all or any part of the Submission, and may alter or modify it, including regardless of whether or not your child is recognizable. You further agree that Releasees may use the Submission in connection with any promotion, publicity, marketing or advertisement for Growums or Growums’ programming service. You grant the rights hereunder whether or not your Submission is selected. You agree to release, defend, indemnify and hold harmless Releasees from any and all claims, actions, lawsuits, liabilities, and expenses arising out of or relating to their recording or use of the Submission. You agree not to make any claim again Releasees as a result of the use or non-use of the Submission (including, without limitation, any claim that such use invades any right of privacy and/or publicity). You understand that you will not be paid any money or receive any form of compensation for giving Releasees these rights, or for agreeing to this Agreement. You certify that the Submission is original and that Growums’ use of the Submission will not violate any rights of any other person or entity, including, without limitation, any copyright rights. YOU HEREBY REPRESENT THAT YOU HAVE READ AND UNDERSTOOD THIS PARAGRAPH AND THAT NO ORAL REPRESENTATIONS OF ANY KIND HAVE BEEN MADE TO YOU. You represent that you are the parent and/or legal guardian of the minor named in the image label created which may accompany the Submission, or who may appear in the Submission, and have read this paragraph regarding Submissions prior to uploading, submitting, or sending any Submission, and you are fully familiar with the contents of the Submission. Notwithstanding anything to the contrary in this paragraph, Growums does not intend to disclose any Submissions you submit, post, upload, or otherwise make available only to your customized web page on this Website.

Growums reserves the right, in its sole discretion, to delete, take down, or refuse to post or otherwise make public any Submissions.  Without limitation of the foregoing, Growums shall have the right to use and change the Submissions in any manner that Growums may determine. You acknowledge that Growums may or may not pre-screen Submissions, but Growums and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Submissions.  Growums may, in its sole discretion, monitor the Submissions of all users; but Growums cannot be responsible for the views or opinions expressed.  Growums neither endorses the contents of any user communications or Submissions nor assumes responsibility for any material contained therein, any infringement of any intellectual property rights arising therefrom, or any crime facilitated thereby.  Growums may delete or terminate, in its sole discretion, any and all information, communication(s), and/or Submissions, at any time, without notice, for any reason, including without limitation, online conduct that it believes is harmful to other users, the business of Growums, its affiliates, or other third-party information providers, or for conduct that violates this Agreement or other policies or guidelines set out by Growums elsewhere on this Website.

Links

This Website may contain hyperlinks to external locations (e.g., other websites) controlled by third parties.  These links are provided solely as a convenience to you, and do not imply an endorsement by Growums or that any affiliation exists between Growums and the linked website.  You agree that Growums is not responsible for the availability of these external locations, or other content including, without limitation, solicitations thereon or products or services made available thereby.  Growums has not necessarily reviewed, and does not necessarily endorse, content at linked websites, and is not responsible for such content or for your use of such content. You acknowledge that some external locations may contain materials or communications that are unedited, untrue, or illegal in some jurisdictions or that may be offensive.  You agree to access external locations at your own risk and not to permit minors to have access to inappropriate material. You agree that Growums shall not be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused in any way whatsoever related to any such external location. Any concerns regarding any external location should be directed to its respective website administrator, system operator, or web master.

Disclaimer

THIS WEBSITE IS PROVIDED ON AN "AS IS," “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, CONSTRUCTIVE, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ANY OTHER IMPLIED WARRANTIES ARISING OUT OF COURSE OF PERFORMANCE, DEALING AND/OR TRADE USAGE.  GROWUMS DOES NOT GUARANTEE OR WARRANT CONTINUOUS, UNINTERRUPTED OR ERROR-FREE ACCESS OR USAGE, OR THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF ROGUE PROGRAMMING.  SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES SO THE FOREGOING DISCLAIMER MAY NOT BE APPLICABLE IN FULL. THIS SECTION WILL BE ENFORCED TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW.

GROWUMS DOES NOT MAKE ANY WARRANTY, WHETHER EXPRESS OR IMPLIED, OR MAKE ANY REPRESENTATIONS REGARDING ANY CONTENT, INFORMATION, SERVICES, OR PRODUCTS OBTAINED OR PROVIDED THROUGH OR IN CONJUNCTION WITH GROWUMS.COM OR ANY OTHER PREFERRED COMMERCE WEBSITE.  NEITHER GROWUMS NOR ITS AFFILIATES AND THIRD PARTY INFORMATION PROVIDERS, NOR OTHER CONTENT PARTNERS MAKE ANY GUARANTEE REGARDING THE ACCURACY, CORRECTNESS, TIMELINESS, SEQUENCE, RELIABILITY, OR COMPLETENESS OF ANY INFORMATION OR CONTENT PROVIDED BY GROWUMS.COM.  ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION.  ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS WEBSITE IS DOWNLOADED AT THE USER'S OWN RISK.  THE USER WILL BE SOLELY RESPONSIBLE FOR, AND ASSUMES THE ENTIRE COST OF, ALL NECESSARY SERVICING, REPAIR, OR CORRECTION IN THE EVENT OF ANY DAMAGE OR LOSS DUE TO CONTENT, DOWNLOADS OR ANY OTHER MATERIAL OR INFORMATION THE USER OBTAINS FROM GROWUMS.COM.  ANY MATERIAL UPLOADED OR OTHERWISE SUBMITTED THROUGH THE USE OF THIS WEBSITE IS UPLOADED AT THE USER'S OWN RISK.  THE USER WILL BE SOLELY RESPONSIBLE FOR, AND ASSUMES THE ENTIRE COST OF, ALLNECESSARY SERVICING, REPAIR, OR CORRECTION IN THE EVENT OF ANY DAMAGE OR LOSS DUE TO UPLOADING THROUGH THE USE OF GROWUMS.COM.

Participation Disclaimer

Growums does not and cannot review all communications and materials posted to or, created by users accessing the Website, and is not in any manner responsible for the content of these communications and materials.  You acknowledge that by providing you with the ability to view and distribute user-generated content on the Website, Growums is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the Website. However, Growums reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Growums in its sole discretion.

Limitation of Liability

UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, AND IN NO EVENT SHALL GROWUMS, ITS AFFILIATES, PARENT, SUBSIDIARIES, INFORMATION PROVIDERS, OR CONTENT PARTNERS, OR THEIR RESPECTIVE EMPLOYEES, REPRESENTATIVES, AGENTS OR LICENSORS (COLLECTIVELY, "THE GROWUMS PARTIES"), BE LIABLE, REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR ABSENCE OF AUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN THIS WEBSITE, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY.  UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, AND IN NO EVENT SHALL GROWUMS OR ANY OF THE GROWUMS PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT AND/OR USE OF, OR INABILITY TO USE, THIS WEBSITE, OR THE CLAIMS OF THIRD PARTIES, INCLUDING USERS, HOWEVER CAUSED, UNDER ANY LEGAL THEORY (WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE), EVEN IF ANY GROWUMS PARTY HAS BEEN ADVISED OF (OR IF ANY GROWUMS PARTY IS AWARE OF OR SHOULD HAVE BEEN AWARE OF) THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION, UNDER NO CIRCUMSTANCES AND IN NO EVENT WILL THE AGGREGATE LIABILITY OF ALL GROWUMS PARTIES ARISING OUT OF OR RELATING TO THIS AGREEMENT AND/OR RELATING TO USE OF, OR INABILITY TO USE, THIS WEBSITE, UNDER ANY LEGAL THEORY, EXCEED THE AMOUNT PAID BY THE USER, IF ANY, TO ACCESS GROWUMS.COM.

Typographical Errors

In the event that a Growums.com product is mistakenly listed at an incorrect price, Growums reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Growums reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Growums shall issue a credit to your credit card account in the amount you were charged and in accordance with our return policy.

Indemnification

You (the user) agree to indemnify and hold harmless, and at Growums’ request, defend Growums and the Growums Parties and their respective parents, subsidiaries, affiliates, partners, agents, employees, directors, officers, shareholders, members, and other owners, from and against any and all claims, actions, demands, liabilities, losses, damages, judgments, penalties, settlements, costs and expenses (including reasonable attorney's fees and costs) (hereinafter referred to as "Losses") insofar as such Losses (or actions in respect thereof) arise out of, are based on, or relate to: (i) your use of this Website; (ii) use of this Website by anyone using your computer or your account; (iii) a violation of this Agreement by you or anyone using your computer or your account; (iv) any unauthorized deletions, additions, insertions or alterations to, or any unauthorized use of, this Website by you or someone using your computer or your account; or (v) any misrepresentation of any information, representation or warranty, or breach of this Agreement or any other covenant or agreement.  If any third party brings a claim, lawsuit, or other proceeding(s) against Growums or any Growums Party based on your conduct or use of this Website or that of someone using your computer or account, you agree to compensate Growums and all Growums Parties (including their respective officers, directors, employees and agents) for any and all Losses in connection with any such claim, lawsuit or proceeding.

Independent Investigation

Growums reserves the right to investigate suspected violations of the terms and conditions of this Agreement whenever Growums becomes aware of possible violations.  Such an investigation may include gathering information from the user and the complaining party and reviewing materials on Growums’ servers and systems.  During an investigation, Growums may remove any and all disputed material from Growums’ servers and systems.  If Growums believes, in its sole discretion, that a violation of the terms or conditions of this Agreement has occurred, Growums may take any action it deems appropriate under the circumstances known to it, which may include removal of material from Growums’ servers and systems, warnings, and/or suspension or termination of user account(s). Violations also could subject users to criminal or civil liability.

Jurisdictional Issues/Governing Law

This Website is controlled and operated by Preferred Commerce, Inc. from within the United States of America, and is intended for use only by residents of the United States.  Growums makes no representations or warranties that the content or materials of this Website are appropriate or lawful in any foreign countries, or that any items offered for sale through links on this Website will be available outside the United States. Those who choose to access this Website from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. You may not use or export or re-export any content downloaded from Growums.com or any copy or adaptation of such content, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.

The formation, construction and interpretation of this Agreement shall in all respects be governed by and construed in accordance with the laws of the United States and the State of Florida, U.S.A., without giving effect to any principles of conflicts of laws.  This Agreement shall not be governed by the United Nations Conventions of Contracts for the International Sale of Goods, the application of which is hereby expressly excluded from any interpretation of this Agreement.  It is hereby agreed that any action at law or in equity arising under this Agreement and/or your use of this Website shall be finally adjudicated or determined in any court or courts of the State of Florida or of the United States of America, in Palm Beach County, Florida, and the parties hereto hereby submit generally and unconditionally to the personal and exclusive jurisdiction and venue of these courts in respect to any such matter and consent to service of process by any means authorized by Florida law.

Acceptance

Your use of this Website constitutes acceptance of this Agreement.  You hereby waive any and all defenses you may have based on the electronic form of this Agreement and lack of signing or other form of electronic execution by the parties hereto.  You agree to abide by the terms and conditions of this Agreement and any additional terms, conditions, rules, or procedures imposed by Growums or by third-party content providers in connection with content, software, or services available on, through or in connection with this Website.

Amendments

Growums reserves the right to automatically amend this Agreement at any time by posting the amended terms and conditions to this "Terms of Use" section of this Website.  Such amendments will be effective when posted.

Acts of God

Growums shall be excused from its obligations for any period to the extent that Growums is prevented from performing, in whole or in part, its obligations under this Agreement, as a result of any acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulations(s), order(s), or request(s) prove(s) to be invalid), Internet or other communications failure, equipment failure, earthquake, war, fire, flood, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal) labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, foreign or domestic court order, third party non-performance (including the acts or omissions of any suppliers, agents, or subcontractors) or any other cause beyond Growums' reasonable control affecting production or delivery in any manner, including failure or fluctuations in electrical power, heat, light, air conditioning or telecommunications equipment or lines or other equipment, whether electronic or otherwise.

Waiver

Growums' failure to enforce strict performance of any provision of this Agreement will not constitute a waiver of Growums' right to subsequently enforce such a provision or any other provision of this Agreement, nor will any delay or omission on the part of Growums to exercise or take advantage of any right or remedy that Growums (or Preferred Commerce) has or may have hereunder operate as a waiver of any right or remedy.

Severability

In the event that any of the provisions of this Agreement shall be held by a court or other tribunal of competent jurisdiction to be invalid or unenforceable, the remaining portion hereof shall remain in full force and effect and such provision shall be enforced to the maximum extent possible so as to effect the intent of the parties and shall be reformed to the extent necessary to make such provisions valid and enforceable.

Entire Agreement

This Agreement constitutes the entire agreement between you and Growums concerning the subject matter contained herein and supersedes all prior or contemporaneous representations, proposals, conditions, communications, and agreements, whether oral or written, between the parties relating to the subject matter herein and all past courses of dealing or industry custom. The subject matter herein may not be modified except by Growums.

Copyright Compliance

Growums respects the intellectual property of others, and we ask that our users do the same. If you have a good-faith reason to believe that material on this Website infringes a copyright that you own, or if your intellectual property rights have been otherwise violated by material posted on this Website, then you may notify Growums using the procedures set forth below.

Send your notice of infringement to our designated agent:

Preferred Commerce, Inc.

Attn: Chief Compliance Officer

1655 Palm Beach Lakes Blvd

The Forum, Suite 800,  Tower C

West Palm Beach, FL 33401

United States of America

Telephone: (561) 752-2250

Fax: (561) 752-2235

Email: Info@Growums.com

Your notice must be in writing and include the following information:

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • A description of the copyrighted work that is alleged to have been infringed, including the electronic location, such as the URL (i.e., the website address), where the copyrighted work exists, or a copy of the copyrighted work;
  • An identification of the URL web address on Growums.com or other specific location where the allegedly infringing material is located;
  • The address, telephone number, and email address of the notifying party;
  • A statement by the notifying party that it has a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  • A statement by the notifying party, made under penalty of perjury, that the above information in the notice is accurate and that the notifying party is the copyright owner.

WARNING: IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE LIABLE FOR DAMAGES, INCLUDING ATTORNEY’S FEES, INCURRED BY A COPYRIGHT OWNER, ALLEGED INFRINGER, OR GROWUMS AS A RESULT OF GROWUMS’ RELIANCE ON THE MISREPRESENTATION.

Once we receive this information, Growums may expeditiously remove or block access to the allegedly infringing material, and notify the user who posted the material that we have taken such action. If you, as the user, receive a notice that material has been blocked, and believe that this material was removed by mistake or misidentification, you may submit a written counter-notification to our designated agent which must include:

  • A physical or electronic signature;
  • Identification of the material that has been removed or to which access has been disabled and the location on this Website at which the material appeared before it was removed or access to it was disabled;
  • A statement by you, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
  • Your name, physical address, and telephone number, and a statement that you consent to the jurisdiction of a Federal District Court for the judicial district in which your physical address is located, or if your address is outside of the United States, for any judicial district in which the service provider may be found, and that you will accept service of process from the person who provided notification of copyright infringement or an agent of such person.

 

Revised and Effective: July 1, 2010