By using the Services, you represent and warrant that you are at least 18 years of age or the age of majority in your jurisdiction, whichever is greater, and that you have the legal capacity to enter into these Terms. If you are using the Services on behalf of an organization, you represent that you have the authority to bind the organization to these Terms.
3. ACCOUNT REGISTRATION AND SECURITY
To access certain features of the Services, you may be required to create an account. You agree to provide accurate, current, and complete information when creating your account and to keep your account information up-to-date. You are responsible for maintaining the confidentiality of your account credentials and for any activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.
4. LICENSE AND RESTRICTIONS
Subject to these Terms, Trust Grower grants you a limited, non-exclusive, non-transferable, and revocable license to access and use our Services for your internal business purposes. You agree not to:
a. Reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services without the express written permission of Trust Grower;
b. Modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Services;
c. Use the Services in any manner that is unlawful, harmful, threatening, abusive, harassing, defamatory, or otherwise objectionable;
d. Access or use the Services in any way that could damage, disable, overburden, or impair the Services or interfere with any other party's use of the Services;
e. Attempt to gain unauthorized access to the Services or any associated systems or networks; or
f. Use the Services for any purpose other than for which they are intended, as described in any applicable documentation.
5. INTELLECTUAL PROPERTY
All rights, titles, and interests in and to the Services, including but not limited to all copyrights, trademarks, and other intellectual property rights, are owned by Trust Grower or its licensors. Except for the limited license granted to you under these Terms, Trust Grower reserves all rights, titles, and interests in and to the Services.
6. USER CONTENT
You may submit data, text, images, or other content ("User Content") to the Services. You retain ownership of your User Content, and you grant Trust Grower a worldwide, perpetual, irrevocable, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, create derivative works of, display, and perform your User Content in connection with the Services and for Trust Grower's business purposes.
Trust Grower reserves the right to suspend or terminate your access to the Services at any time, with or without cause, with or without notice. You may terminate your use of the Services at any time by ceasing to access and use the Services.
8. DISCLAIMERS AND LIMITATION OF LIABILITY
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TRUST GROWER DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK.
IN NO EVENT SHALL TRUST GROWER, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT PERMITTED BY APPLICABLE LAW, TRUST GROWER'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICES SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT PAID BY YOU TO TRUST GROWER FOR THE SERVICES IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR (B) ONE HUNDRED U.S. DOLLARS (USD $100).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT THAT TRUST GROWER MAY NOT, AS A MATTER OF APPLICABLE LAW, DISCLAIM ANY IMPLIED WARRANTY OR LIMIT ITS LIABILITIES, THE SCOPE AND DURATION OF SUCH WARRANTY AND THE EXTENT OF TRUST GROWER'S LIABILITY SHALL BE THE MINIMUM PERMITTED UNDER SUCH APPLICABLE LAW.
You agree to indemnify, defend, and hold harmless Trust Grower, its affiliates, officers, directors, employees, agents, licensors, and suppliers from and against any claims, liabilities, damages, losses, costs, and expenses, including reasonable attorneys' fees, arising out of or related to your use of the Services, your User Content, your violation of these Terms, or your violation of any applicable laws, rules, or regulations.
10. GOVERNING LAW AND DISPUTE RESOLUTION
These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which Trust Grower is located, without regard to its conflict of law provisions. Any disputes arising out of or in connection with these Terms or your use of the Services shall be subject to the exclusive jurisdiction of the courts of that jurisdiction.
11. CHANGES TO THESE TERMS
Trust Grower reserves the right to modify or update these Terms at any time and for any reason, with or without notice. Your continued use of the Services following the posting of any changes to these Terms constitutes your acceptance of such changes. We encourage you to periodically review these Terms to stay informed of any updates.
12. CONTACT INFORMATION
If you have any questions or concerns about these Terms or the Services, please contact us at:
30650 Rancho California Rd
Suite D406 #312
Temecula, CA 92591