Terms and Conditions

Terms and Conditions

The following Terms and Conditions constitutes the entire agreement between AGROWN (“we” or “us”) and the User (“you).

By continuing to use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern AGROWN’s relationship with you in relation to this website. By accepting these terms, you confirm that you are 18 years of age or older, are capable of entering into a binding agreement, and that you will accurately complete any subscriber information submitted to us. Also, by continuing to use the service after we post changes, you accept this agreement, as modified.

We reserve the right to deny access to this website, or any service provided via this website, to anyone who violates these Terms and Conditions or who, in our judgment, infringes the rights of others or interferes with the ability of others to enjoy this website.

User Information:

The User agrees to provide complete, accurate, current and honest information as requested.  Users’ entries will consist only of the information provided to AGROWN by the User listed on the Membership Form or in any other manner.

INTELLECTUAL PROPERTY RIGHTS

Our Limited License to You:

This website is freely accessible; however we don’t intend to give up our rights, or anyone else’s rights, to the materials appearing on the service. The materials available through this website are the property of AGROWN and our affiliates or licensors, and are protected by copyright, trademark and other property laws. You are free to display and print for your personal and non-commercial use, information you receive through AGROWN.

You may not reproduce any of the materials without the prior written consent of the owner. You may not distribute copies of materials found on this website in any form (including by email or other electronic means) without prior written permission from the owner. You are, however, free to encourage others to access the information themselves on our website and to tell them how to find it.

Your License to Us:

By submitting material to AGROWN, you are representing that you are the owner of the material, and are making your submission with the express consent of the owner. By submitting material to any public posting areas of this website, such as any rants or raves, you agree that we (including our partners, agents, affiliates and service providers (collectively, “Third Party Providers”), may reproduce, modify, and distribute such material as we see fit in any medium and for any purpose.

You also agree that AGROWN, including our Third Party Providers, may identify you as the author of any of your postings by name, email address or screen name as we see appropriate. We also reserve the right (but assume no obligation) to delete, move, or edit any postings that come to our attention that we consider unacceptable or inappropriate, whether for legal or any violation of our terms.

Links:

AGROWN welcomes links to our service. You are free to establish a hypertext link to this site so long as the link does not state or imply any sponsorship of your site by us.

No Framing:

You may not frame, or in-line link, any of the content of this website, or incorporate into another website or other service any of our intellectual property without our written consent.

Trademarks:

To avoid confusion as to which materials and services are provided by AGROWN and which aren’t. You may not use any trademark or service mark appearing on this website without the prior written consent of the owner of the mark.

Third Party Software:

As a convenience to our members, AGROWN uses third-party software for security purposes. Use of the third-party software, implies its own terms and conditions.

By using any third party software, you acknowledge and agree that AGROWN does not guarantee that any software downloaded through this service will be free of viruses, worms, or Trojan horses or other forms of augmented or corrupt code. AGROWN makes no warranties concerning the performance, effectiveness or other aspects of third-party software. In no event shall AGROWN (including its officers, directors, employees, affiliates and agents) be liable for claims of any nature, whether direct or indirect, arising from or related to any third-party software downloaded through the Service.

Privacy Policy:

We value and respect all Users privacy. Please see our Privacy Policy

Copyright Policy:

Information is distributed in the AGROWN community, and when Users enter the site they become a part of it. In order for all visitors to view listings AGROWN needs the rights to make use of all content on services (in accordance with and subject to these Terms). Accordingly, as a condition to your Membership, you hereby grant AGROWN a perpetual and totally nonexclusive right to copy, display, modify, transmit, and make derivative works of any content provided by you, but solely for the cause of creating a service. You remain the owner of all content that you submit to the Service, and as a condition to Membership, you represent and warrant to AGROWN that you are the owner of the copyright to Content you submit.

All the information, Content, image files, materials, etc. offered by our site are protected by U.S. and international copyright laws, and by other applicable laws. AGROWN does not provide you with permission to copy display or distribute material for which you do not own the copyright, and unless given permission user content is also protected. You may not copy or distribute any material without the written consent of the copyright owner. Users are solely responsible for any copyright violations that may incur as a result of activities on the Service. AGROWN has the absolute right to terminate your membership or exclude you from the site if you use violate any third party rights.

DISCLAIMERS

We work hard to make this website a valuable place. AGROWN cannot guarantee,that our users will always find everything to their liking; nor could we provide a free service if we were exposed to substantial liability. Please read these Disclaimers carefully before using this website.

Use at Your Own Risk:

The material on this website is for informational purposes only. We try to ensure that information we post to this site is both timely and accurate, and that our services offered are reliable. Despite our efforts, errors may occur. Before you act on any information you’ve found on our site, you should confirm any facts that are important to your decision. IF YOU RELY ON ANY INFORMATION OR SERVICE AVAILABLE THROUGH THIS WEBSITE, YOU DO SO AT YOUR OWN RISK. YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS YOU MAY INCUR THAT RESULTS FROM YOUR USE OF ANY SERVICE OR ANY MATERIAL AND/OR DATA DOWNLOADED FROM OR OTHERWISE PROVIDED THROUGH THIS WEBSITE.

Limited Warranty:

Be Advised: ANY SERVICE AVAILABLE THROUGH THE SITE IS PROVIDED ON AN “AS IS” BASIS. YOUR USE OF THE SERVICE IS AT YOUR OWN RISK.

Disclaimer: AGROWN DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. AGROWN MAKES NO WARRANTY THAT (I) THE SITE OR SERVICE WILL BE PROVIDED IN A MANNER THAT IS UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, (II) THE SITE OR SERVER ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (III) THE SERVICE, SITE OR CONTENT PROVIDED WILL MEET YOUR REQUIREMENTS. AGROWN MAKES NO WARRANTIES OF ANY KIND WITH RESPECT TO SOFTWARE, GOODS, SERVICES, PROMOTIONS, OR THE DELIVERY OF ANY SOFTWARE, GOODS OR SERVICES THAT ARE PURCHASED, ACCESSED OR OBTAINED THROUGH AGROWN SITE OR THAT ARE ADVERTISED ON OUR SITE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT THE USERS OWN RISK. USERS WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ANY DOWNLOADED MATERIAL.

Limitations of Liability:

AGROWN will not be liable for any damages provided by our online services or computer related problems. AGROWN will never be responsible for loss of revenue, advertising, business etc.

All the Terms and Conditions shall be governed by the State of Ohio These Terms and Conditions and the Sponsor Agreement supersede any other verbal or written agreements regarding this Agreement. Should there ever be a change in ownership this agreement will still stand.

All above provisions shall survive this Agreement.

YOU EXPRESSLY ACKNOWLEDGE AND AGREE TO THE FULLEST EXTENT PERMITTED UNDER LAW THAT AGROWN WILL HAVE NO OBLIGATION OR LIABILITY (WHETHER ARISING IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE) FOR ANY INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR LIABILITIES (INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF DATA, REVENUE OR PROFIT) ARISING WITH RESPECT TO YOUR USE OF THE SITE OR THE SERVICE AGROWN PROVIDES EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS FOREGOING LIMITATION APPLIES TO DAMAGES ARISING FROM (i) USE OR INABILITY TO USE THE SERVICE (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS BY THIRD PARTIES; (iii) THIRD PARTY CONTENT AVAILABLE TROUGH AGROWNS SERVICE (iv) ANY OTHER MATTER RELATING TO THE SERVICE.

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY PROVIDES YOU WITH SOME LEGAL RIGHTES; HOWEVER SOME RIGHTS VARY DEPENDING ON THE GOVERNING STATE.

Viruses:

Because of the volume of e-mail traffic through AGROWN, we cannot and do not always monitor all email messages and attachments. You acknowledge and agree that such email messages may contain viruses, worms or other harmful components. You also acknowledge and agree that you are solely responsible for screening the email messages and attachments for viruses, worms, and other harmful data.

Warranty:

The User warrants that all information provided to AGROWN is truthful and not misleading, or fraudulent. The User is authorized to provide the services set forth in the Membership Form; the User has the right to use each copyright, trademark, trade name, service mark or any other property in the way it is used under this Agreement. AGROWN makes no expressed or implied warranties or endorsements with regards to any information we provide through any medium.

Indemnification:

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS AGROWN, (INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SUPPLIERS AND ANY THIRD-PARTY INFORMATION PROVIDERS TO THE SERVICE) FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES, RESULTING FROM ANY VIOLATION OF THESE TERMS OR ANY ACTIVITY RELATED TO YOUR ACCOUNT (INCLUDING NEGLIGENT OR WRONGFUL CONDUCT) BY YOU OR ANY OTHER PERSON ACCESSING THE SERVICES USING YOUR ACCOUNT.

Modification of Terms:

You agree that AGROWN reserves the right to amend any of the set Terms at any time, for any reason, and without notice. The amendable terms also include the right to terminate the service or any part of the service. Any amendments or modifications made by AGROWN shall be prospective only.

Entire Agreement:

These Terms constitute the entire agreement between you and AGROWN and govern your use of the Service, superseding any prior agreements between you and AGROWN. In any case where inconsistencies are apparent between these Terms and other forms of media giving information about AGROWN (e.g., promotional materials and mailers), these Terms will always supersede others. You may also be subject to additional Terms and Conditions that may apply when you use affiliate services, third-party content or third-party software.

If AGROWN cannot govern any violation of terms it is in no way a pardon. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.

You agree that regardless of any statute or law to the contrary, any claim or cause arising out of or related to use of AGROWN’s services or the Terms must be filed within one (1) year after such claim or cause of action arose, otherwise it will forever be barred.

Reporting Violations:

You can report abuse of these Terms to:

Contact Us

Phone: 804-464-8040

Email: sraftery@agrown.net