Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the Website , you agree to become bound by the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this Agreement, you may not access the Website or use any WW solutions & services. If these terms and conditions are considered an offer by WW, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 21 years old.
1. YOUR Groww ACCOUNT If you create an account on the Website, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under that account. You must immediately notify WW of any unauthorized uses of your account or any other breaches of security. WW will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
2. RESPONSIBILITY OF CONTRIBUTORS
If you post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (collectively, “Content”), you are solely responsible for any harm resulting from that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, product listing or computer software. By making Content available on the Website, you represent and warrant that: The Content complies with Canadian state and federal law. The downloading, copying and use of the Content will not infringe on the proprietary rights including, but not limited to, the copyright, patent, trademark or trade secret rights, of any third party; if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content including, but not limited to, any software, or (ii) secured from your employer a waiver as to all rights in or to the Content; you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms regarding the same; the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content; the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing); the Content is not pornographic, does not contain threats or incite violence, and does not violate the privacy or publicity rights of any third party; your content is not being advertised via unwanted electronic messages such as spam links on newsgroups, email lists, blogs and websites, and similar unsolicited promotional methods; your content is not named in a manner that misleads your readers into thinking that you are another person or company; and you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by WW or otherwise.
3. USER CONTENT LICENSE
User contributions are licensed to Share — copy and redistribute the material in any medium or format Adapt — remix, transform, and build upon the material. The licensor cannot revoke these freedoms as long as you follow the license terms. Under the following terms: Attribution — You must give appropriate credit, provide a link to the license, and indicate if changes were made. You may do so in any reasonable manner, but not in any way that suggests the licensor endorses you or your use. NonCommercial — You may not use the material for commercial purposes.ShareAlike — If you remix, transform, or build upon the material, you must distribute your contributions under the same license as the original. No additional restrictions — You may not apply legal terms or technological measures that legally restrict others from doing anything the license permits. Without limiting any of those representations or warranties, WW has the right (though not the obligation) to, in WW’s sole discretion, (i) refuse or remove any Content that violates any WW policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason.. WW has no obligation to provide a refund of any amounts previously paid to WW. By accessing or using any part of the Website, you agree not to share or otherwise provide any WW Content or content to any individuals who are not contributors to or members of the WW Website. . Any original content created by WW, including, but not limited to, blogs, infographics, research reports, and interviews are the intellectual property of WW and may not be shared or otherwise provided to any third party without express consent from WW.
4. PAYMENT AND RENEWAL GENERAL TERMS
Optional paid services or upgrades are available on the Website. When utilizing an optional paid service or upgrade, you agree to pay WW the monthly or annual subscription fees indicated. Payments will be charged on a pre-pay basis on the day you begin utilizing the service or upgrade and will cover the use of that service or upgrade for a monthly or annual subscription period as indicated. These fees are not refundable. AUTOMATIC RENEWAL Unless you notify WW before the end of the applicable subscription period that you want to cancel a service or upgrade, your subscription will automatically renew and you authorize WW to collect the then-applicable annual or monthly subscription fee (as well as any taxes) using any credit card or other payment mechanism WW has on record for you. Subscriptions can be canceled at any time.
5. SERVICES HOSTING, SUPPORT SERVICES
Optional Hosting and support services may be provided by WW under the terms and conditions for each such service. By signing up for a Hosting/support or support services account, you agree to abide by such terms and conditions.
6. RESPONSIBILITY OF WEBSITE VISITORS
WW has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. This content is the sole responsibility of the entity that makes it available. By operating the Website, WW does not represent or imply that it endorses the material posted on the Website, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. WW disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
7. CONTENT POSTED ON OTHER WEBSITES WW has not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which growersnetwork.org links, and that link to groww.ca. WW does not have any control over those non-groww websites and webpages, and is not responsible for their content or their use. By linking to a non-groww.ca website or webpage, WW does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. WW disclaims any responsibility for any harm resulting from your use of non-growersnetwork.org websites and webpages.
8. COPYRIGHT INFRINGEMENT AND DMCA POLICY
As WW asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by groww.ca violates your copyright, and if this website resides in US or Canada, you are encouraged to notify WW in accordance with WW’s Digital Millennium Copyright Act (“DMCA”) Policy. WW will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. WW will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of WW or others. In the case of such termination, WW will have no obligation to provide a refund of any amounts previously paid to WW.
9. INTELLECTUAL PROPERTY This Agreement does not transfer from WW to you any WW or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with WW. WW, Groww.ca, the groww.ca. logo, and all other trademarks, service marks, graphics and logos used in connection with groww.ca, or the Website are trademarks or registered trademarks of WW or WW’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any WW or third-party trademarks.
10. ADVERTISEMENTS WW reserves the right to display advertisements on your content unless you have purchased an Ad-free Upgrade or a services account.
11. ATTRIBUTION WW reserves the right to display attribution links such as ‘Powered by groww.ca,’ theme author, and font attribution in your content footer or toolbar. Footer credits and the WW toolbar may not be removed regardless of upgrades purchased.
12. CHANGES WW reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. WW may also, in the future, offer new services and/or features through the Website (including, but not limited to, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement. Changes made to terms addressing new functions for a service or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms for a service, you should discontinue your use of that service.
WW may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your growersnetwork.org account (if you have one), you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
14. DISCLAIMER OF WARRANTIES
The Website is provided “as is”. WW, its contributors, its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither WW nor its contributors, suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk. While WW strives to provide—and to allow its contributors to provide—useful information regarding the state-legal cannabis industry in the United States, WW does not intend that any information provided on the Website enable any user or contributor to violate state or federal laws, including the federal Controlled Substances Act. ALL INFORMATION CONTAINED ON THE WEBSITE IS FOR INFORMATIONAL PURPOSES ONLY.
15. LIMITATION OF LIABILITY In no event will WW, its contributors, its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to WW under this Agreement during the twelve (12) month period prior to the cause of action. WW shall have no liability for any failure or delay due to matters beyond their reasonable control. Additionally, Groww.ca assumes no liability for damages or repercussions incurred by users’ implementation of the educational content/information provided, including but not limited to videos, text, or audio content. The foregoing shall not apply to the extent prohibited by applicable law.
17. INDEMNIFICATION You agree to indemnify and hold harmless WW, its contributors, suppliers, contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
18. MISCELLANEOUS This Agreement constitutes the entire agreement between WW and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of WW, or by the posting by WW of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement and any access to or use of the Website will be governed by the laws of the state of Toronto, Canada., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Toronto, Canada. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Toronto, Canada, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; WW may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.