Terms of Use

Agreement to Terms

These Terms of Use are a binding agreement between you and Grow Birch, LLC (“we,” “us,” “our”).  These Terms of Use govern your use of our mobile application (the “App”).  Please carefully read the following Terms of Use.  The App is licensed, not sold, to you.

BY CLICKING THE "AGREE" BUTTON AND DOWNLOADING, INSTALLING OR USING THE APP, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS OF USE; (B) REPRESENT THAT YOU ARE 13 YEARS OF AGE OR OLDER OR YOU ARE THE PARENT OR LEGAL GUARDIAN OF A MINOR 13 YEARS OF AGE OR OLDER; AND (C) ACCEPT THESE TERMS OF USE AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT DOWNLOAD, INSTALL OR USE THE APP AND, IF YOU ALREADY DOWNLOADED, INSTALLED OR USED THE APP, DELETE IT FROM YOUR MOBILE DEVICE.

THE APP IS INTENDED FOR USERS WHO ARE AT LEAST 13 YEARS OF AGE. ALL USERS WHO ARE UNDER THE AGE OF CONSENT IN THE JURISDICTION IN WHICH THEY RESIDE (GENERALLY UNDER THE AGES OF 16 OR 18) MUST HAVE THE PERMISSION OF, AND BE DIRECTLY SUPERVISED BY, THEIR PARENT OR GUARDIAN TO USE THE APP.  IF YOU ARE A MINOR UNDER THE AGE OF CONSENT IN YOUR JURISDICTION, YOU MUST HAVE YOUR PARENT OR GUARDIAN READ AND AGREE TO THESE TERMS OF USE PRIOR TO SUPERVISING YOUR USE OF THE APP.

We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms of Use.  It is your responsibility to periodically review these Terms of Use to stay informed of updates. You will be subject to and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the App after the date such revised Terms of Use are posted.

We Do Not Provide Medical Advice

The App, our website, any information provided by us within the App or on our website and any information posted by users of the App or website, are for informational purposes only and are not a substitute for professional medical advice, diagnosis or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding your health. If you think you may have a medical emergency, call 911. Your reliance on any information provided by us or any other person within the App or on our website is solely at your own risk.

We do not provide any healthcare services.  We shall not be liable for any advice, recommendation, suggestion, or any other information posted or obtained on or through the App or our website. We do not endorse any specific health care providers, medications, supplements, products or procedures, opinions, recommendations, or other information that may be mentioned within the App or on our website. Your reliance on any information provided by us, other members or users of the App or our website or any other third parties is solely at your own risk and you assume full responsibility for all associated risk.

Code of Conduct

At all times, you agree to:

• not post, communicate or forward false, inaccurate, or misleading content;

• not infringe upon any copyright, patent, trademark, trade secret or other proprietary rights or intellectual property rights of any other person;

• not post, communicate or forward defamatory or libelous content;

• avoid the use of profanity or other offensive language;

• refrain from insulting, abusive, threatening or harassing language or actions;

• not post any lewd, obscene or any other potentially offensive material;

• not use the App for any unlawful purpose;

• not provide medical advice;

• not counsel others to not follow medical advice provided by a physician or other health or medical professional; and

• be respectful to others, even when there are disagreements of opinions.

Your Privacy

You acknowledge that you also may be required to provide certain information about yourself as a condition to downloading, installing, or using the App or certain of its features or functionality, and the App may provide you with opportunities to share information about yourself with others. All information we collect through or in connection with the App is subject to our Privacy Policy. 

User Registration

You are required to register with the App. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

License Grant

Subject to the terms of this Terms of Use, we grant you a limited, non-exclusive, and nontransferable license to:

• download, install, and use the App for your personal, non-commercial use on a mobile device owned or otherwise controlled by you ("Mobile Device") strictly in accordance with the App's documentation; and

• access, stream, download, and use on such Mobile Device the Content and Services (as defined herein) made available in or otherwise accessible through the App, strictly in accordance with this Terms of Use and any other terms of use applicable to such Content and Services as set forth herein.

Restrictions

You shall not:

• make any unauthorized use of the App;

• violate any applicable laws, rules, or regulations in connection with your access or use of the App;

• copy, modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the App;

• reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the App or any part thereof;

• remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the App;

• rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the App, or any features or functionality of the App, to any third party for any reason, including by making the App available on a network where it is capable of being accessed by more than one device at any time;

• remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the App;

• use the App for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the App;

• use the App for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended;

• use the App for any illegal, indecent or obscene purpose, or misuse or misappropriate any information, communications, and imagery either published by us, third parties and/or affiliates, and/or other members and users, including other members’ or users’ personal information and their uploaded or posted content or imagery;

• upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the App or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the App;

• upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”);

• attempt to impersonate another user or person;

• use any information obtained from the App in order to harass, abuse, or harm another person; or

• disparage, tarnish, or otherwise harm, in our opinion, us and/or the App.

Apple and Android Devices

The following terms apply when you use the App obtained from either the Apple Store or Google Play (each an “App Distributor”):

• the terms are an agreement between you and us, not with the App Distributor;

• the license granted to you for the App is limited to a non-transferable license to use the App on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service;

• We, not the App Distributor, is responsible for addressing your or any third-party claims relating to the App, including but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. These Terms of Use do not limit our liability beyond what is permitted by applicable law;

• we are responsible for providing any maintenance and support services with respect to the App as specified in these Terms of Use or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the App;

• in the event of any third-party claim that the App infringes that third-party's intellectual property rights, we, not the App Distributor, are solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim;

• in the event of any failure of the App to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the App, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the App;

• you represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country and (ii) you are not listed on any U.S. government list of prohibited or restricted parties;

• you must comply with applicable third-party terms of agreement when using the App, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the App; and

• you acknowledge and agree that the App Distributors are third-party beneficiaries of these Terms of Use, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you as a third-party beneficiary thereof.

Reservation of Our Rights

You acknowledge and agree that the App is provided under license, and not sold, to you. You do not acquire any ownership interest in the App under this Terms of Use, or any other rights thereto other than to use the App in accordance with the license granted, and subject to all terms, conditions, and restrictions, under this Terms of Use. We and our licensors and service providers reserve and shall retain their entire right, title, and interest in and to the App, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Terms of Use.

Your Contributions

The App invites you to upload content and materials to the App (the, "Contributions"). As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:

• you are the creator and owner of your Contributions and your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.

• your Contributions are not false, inaccurate, or misleading.

• your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.

• your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).

• your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.

• your Contributions do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another.

• your Contributions do not violate any applicable law, regulation, or rule.

• your Contributions do not violate the privacy or publicity rights of any third party.

• your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.

• your Contributions do not violate any federal or state law concerning child pornography, or otherwise intended to protect the health or well-being of minors.

• your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.

• your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.

Any use of the App in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the App.

Contribution License

By posting your Contributions to any part of the App, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, reproduce, display, perform, archive and store, such Contributions for the limited purposes of operating and providing the functions of the App to you (such as to allow us to transmit and store your messages and otherwise as described in our Privacy Policy).

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions. You are solely responsible for your Contributions and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

We have the right, in our sole and absolute discretion, to: (1) edit, redact, or otherwise change any Contributions; and (2) pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.

We will maintain certain data that you transmit to the App for the purpose of managing the App, as well as data relating to your use of the App. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the App. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

App Management

We reserve the right, but not the obligation, to:

• monitor use of the App for violations of these Terms of Use;

• take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities;

• in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) the App or any portion thereof;

• in our sole discretion and without limitation, notice, or liability, to remove from the App or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems;

• otherwise manage the App in a manner designed to protect our rights and property and to facilitate the proper functioning of the App.

Updates

We may from time to time in our sole discretion develop and provide App updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that we have no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. 

Based on your Mobile Device settings, when your Mobile Device is connected to the internet either:

• the App will automatically download and install all available Updates; or

• you may receive notice of or be prompted to download and install available Updates.

You shall promptly download and install all Updates and acknowledge and agree that the App or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the App and be subject to all terms and conditions of these Terms of Use.

Third-Party Materials

The App may display, include, or make available third-party content (including data, information, applications, images, media, and other products, services, and/or materials) or provide links to third-party websites or services, including through third-party advertising, and may also include content posted by other users of this App ("Third-Party Materials"). You acknowledge and agree that we are not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. We do not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties' terms and conditions.

Fees

To the extent there are fees associated with the App, you agree to pay the fees as specified by our then current payment terms. We reserve the right to change these Terms of Use from time to time and/or to provide additional optional services.

Term and Termination

• The term of these Terms of Use commences when you download and/or install the App and/or acknowledge your acceptance and will continue in effect until terminated by you or us as set forth in this Section.

• You may terminate these Terms of Use by deleting the App and all copies thereof from your Mobile Device.

• We may terminate these Terms of Use at any time without notice. In addition, these Terms of Use will terminate immediately and automatically without any notice if you violate any of the terms and conditions of these Terms of Use.

• Upon termination:

  • all rights granted to you under these Terms of Use will also terminate; and

  • you must cease all use of the App and delete all copies of the App from your Mobile Device and account.

• Termination will not limit any of our rights or remedies at law or in equity.

Modifications and Interruptions

We reserve the right to change, modify, or remove the contents of the App at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our App. We also reserve the right to modify or discontinue all or part of the App without notice at any time.

We will not be liable to you or any third party for any modification, suspension, or discontinuance of the App.

We cannot guarantee the App will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the App, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the App at any time or for any reason without notice to you.

You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the App during any downtime or discontinuance of the App. Nothing in these Terms of Use will be construed to obligate us to maintain and support the App or to supply any corrections, updates, or releases in connection therewith.

Disclaimer of Warranties

THE APP IS PROVIDED TO YOU "AS IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, WE, ON OUR OWN BEHALF AND ON BEHALF OF OUR AFFILIATES AND OUR AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE APPLICATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, WE PROVIDE NO WARRANTY OR UNDERTAKING, AND MAKE NO REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE OR OUR AFFILIATES, OR ANY OF OUR OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APP OR THE CONTENT AND SERVICES FOR:

• PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES.

• DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE APP.

THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER CERTAIN CIRCUMSTANCES, SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

Indemnification
You agree to indemnify, defend, and hold harmless us and our officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys' fees, arising from or relating to your use or misuse of the App or your breach of these Terms of Use, including but not limited to the content you submit or make available through the App. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

Digital Millennium Copyright Act (DMCA) Notice and Policy

Notifications

We respect the intellectual property rights of others. If you believe that any material available on or through the App infringes upon any copyright you own or control, please immediately notify our Designated Copyright Agent using the contact information provided below (a “Notification”).

A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the App infringes your copyright, you should consider first contacting an attorney.

All Notifications should meet the requirements of DMCA 17 U.S.C. § 512(c)(3) and include the following information:

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

• Identify in sufficient detail the copyrighted work that you believe has been infringed or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.

• Identify the material that you claim is infringing the copyrighted work listed above and that is to be removed or access disabled, and information reasonably sufficient to permit us to locate the material.

• Provide information reasonably sufficient to permit us to contact you, including a name, address, telephone number and email address.

• If possible, provide information sufficient to allow us to notify the owner/administrator of the allegedly infringing content.

• Include the following statements:
  “I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law.”
  “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”

• Sign the notice.

Please note that a copy of this legal notice will be forwarded to the person who provided the allegedly infringing content.

Counter Notification

If you believe your own copyrighted material has been removed from the App as a result of a mistake or misidentification, you may submit a written counter notification to our Designated Copyright Agent using the contact information provided below (a “Counter Notification”).

To be an effective Counter Notification under the DMCA, your Counter Notification must include substantially the following:

1. Identify the specific URLs or other unique identifying information of material that we have removed or to which we have disabled access.

2. Provide your name, address, telephone number, email address, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located and that you accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.

3. Include the following statement:

“I swear, under penalty of perjury, that I have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled, or that the material identified by the complainant has been removed or disabled and will no longer be shown.”

1. Sign the notice.

If you send us a valid, written Counter Notification meeting the requirements described above, we will restore your removed or disabled material, unless we first receive notice from the party filing the Notification informing us that such party has filed a court action to restrain you from engaging in infringing activity related to the material in question.

Please note that if you materially misrepresent that the disabled or removed content was removed by mistake or misidentification, you may be liable for damages, including costs and attorney's fees. Filing a false Counter Notification constitutes perjury.

Designated Copyright Agent

Grow Birch, LLC

hello@growbirch.com

Governing Law

These Terms of Use are governed by and construed in accordance with the internal laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule.

Arbitration and Class Action Waiver. 

We are available by email at hello@growbirch.com to address any concerns you may have regarding your use of the App. Most concerns may be quickly resolved in this manner. You agree to use best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration. If we do not reach an agreed upon solution within a period of thirty (30) days from the time informal dispute resolution is pursued, then either you or we may initiate binding arbitration, which shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.  Claims shall be heard by an arbitrator(s) with experience in the life sciences industry. The place of arbitration shall be in Delaware, and the arbitration shall be governed by the laws of the State of Delaware, notwithstanding its conflict of law provisions.  The arbitrator will have no authority to award punitive or other damages not measured by the prevailing party's actual damages, except as may be required by statute.   Any award in an arbitration initiated under this Section shall be limited to monetary damages (including pre- and post-judgment interest, as appropriate) and shall include no injunction or direction to any party other than the direction to pay a monetary amount.  Each party shall bear its own costs and expenses and an equal share of the arbitrator’s and administrative fees of arbitration. The award of the arbitrator shall be accompanied by a reasoned opinion. 

YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both you and we agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding. If a court decides that applicable law precludes enforcement of any of this Section’s limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.

Limitation of Time to File Claims

ANY DISPUTE YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE APPLICATION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Miscellaneous

These Terms of Use and any policies or operating rules posted by us on the App constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.

If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the App.

You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.

Contact Us 

If you have any questions regarding these Terms of Use, please contact us at hello@growbirch.com. 

Last Updated

01/01/2024