End User License Agreement
1. Acknowledgement: GoGrow App and the End-User acknowledge that this End User License Agreement is concluded between GoGrow App and the End-User only, and not with Apple, and GoGrow App, not Apple, is solely responsible for the Licensed Application and the content thereof. This End User License Agreement does not provide for usage rules for Licensed Applications that are in conflict with, the Apple Media Services Terms and Conditions as of the Effective Date.
2. Scope of License: The license granted to the End-User for the Licensed Application is limited to a non-transferable license to use the Licensed Application on any Apple-branded Products that the End-User owns or controls and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions, except that such Licensed Application may be accessed and used by other accounts associated with the purchaser via Family Sharing or volume purchasing.
3. Maintenance and Support: GoGrow App is solely responsible for providing any maintenance and support services with respect to the Licensed Application, as specified in this End User License Agreement, or as required under applicable law. GoGrow App and the End-User acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application.
4. Warranty: GoGrow App is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. This End User License Agreement provides that, in the event of any failure of the Licensed Application to conform to any applicable warranty, the End-User may notify Apple, and Apple will refund the purchase price for the Licensed Application to that End-User; and that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Licensed Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be GoGrow Appr sole responsibility.
5. Product Claims: GoGrow App and the End-User acknowledge that GoGrow App, not Apple, are responsible for addressing any claims of the End-User or any third party relating to the Licensed Application or the end- user’s possession and/or use of that Licensed Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with GoGrow Appr Licensed Application’s use of the HealthKit and HomeKit frameworks. This End User License Agreement may not limit GoGrow App liability to the End-User beyond what is permitted by applicable law.
6. Intellectual Property Rights: GoGrow App and the End-User acknowledge that, in the event of any third party claim that the Licensed Application or the End-User’s possession and use of that Licensed Application infringes that third party’s intellectual property rights, GoGrow App, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
7. Legal Compliance: The End-User represents and warrants that (i) he/she is 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) he/she is not listed on any U.S. Government list of prohibited or restricted parties.
8. Developer Name and Address:
For questions, comments, or concerns about GoGrow App, you may reach us at any of the following:
By Mail: GoGrow App
1345 N Oak Road
Davison, MI 48423
9. Third Party Terms of Agreement: By using GoGrow App the End-User is agreeing to comply with applicable third party terms of agreement when using GoGrow App Application, e.g., if GoGrow App have a VoIP application, then the End-User must not be in violation of their wireless data service agreement when using GoGrow App Application.
10. Third Party Beneficiary: GoGrow App and the End-User acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this End User License Agreement, and that, upon the End-User’s acceptance of the terms and conditions of this End User License Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this End User License Agreement against the End-User as a third party beneficiary thereof.
Terms & Conditions
YOU MUST READ THE TERMS AND CONDITIONS CAREFULLY!
Welcome to GoGrow! We are glad to have you as part of our service. We are committed to providing you with the best possible value and convenience. Before you get started, you must read and agree to these Terms and Conditions (the “Terms”).
Reservation of Rights: You acknowledge and agree that the GoGrow Apps are provided under license, and not sold, to you. By downloading, installing, or otherwise accessing the GoGrow Platform, you do not acquire any ownership interest in the GoGrow Platform, or any other rights thereto other than to use the GoGrow Platform in accordance with the license granted, and subject to these Terms. GGT and its licensors and service providers reserve and retain their entire right, title, and interest in and to the GoGrow Platform, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in these Terms.
Access and Representations of Use: The GoGrow Platform may not be accessible for use in all locations. If you are using the GoGrow Platform on behalf of your employer, you represent that your employer has authorized you to accept these Terms on your employer’s behalf. You also represent that your employer agrees to indemnify you and GGT for a violation of these Terms. You further represent that you are at least 18 years old or, if you are not at least 18, that you will only use the GoGrow Platform in conjunction with, and under the supervision of, your parent or guardian.
Warranties: GGT provides the materials on GoGrow Platform “as is.” GGT makes no warranties, expressed or implied, and disclaims all warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement. GGT does not warrant or make any representations concerning the accuracy, results, or reliability of the use of the materials on the GoGrow Platform. GGT has no responsibility for any harm to your computer system, loss or corruption of data, or other harm that results from your access to or use of the GoGrow Platform.
Assumption of Risk: You acknowledge and agree that you should not rely on the GoGrow Platform for any reason. You further acknowledge that you are solely responsible for maintaining and protecting all of your data and information, even if it is stored, created, retrieved, or otherwise processed by the GoGrow Platform. You acknowledge that GGT makes no representation that (a) the GoGrow Platform will be uninterrupted, secure, or error-free; (b) the results obtained from use of the GoGrow Platform will be accurate or reliable; or (c) any errors on the GoGrow Platform will be corrected. YOU ASSUME ALL RISK FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM USING THE GOGROW PLATFORM, INCLUDING ANY DAMAGES OR LOSS OF INFORMATION RESULTING FROM COMPUTER VIRUSES.
Limitation of Liability and Actions: IN NO EVENT SHALL GGT, ITS SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR LOSS OF USE OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE GOGROW PLATFORM OR THESE TERMS, ON ANY THEORY OF LIABILITY, AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF DAMAGE. Some states do now allow the exclusion of certain damages, so the above may not apply to you. If any applicable authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest possible extent permitted by applicable law. Any claim or cause of action arising out of or related to your use of the GoGrow Platform must be filed within one (1) year after such claim or cause of action arose, regardless of any statute or law to the contrary. In the event any such claim or cause of action is not filed within such one (1) year period, such claim or cause of action shall be forever barred.
Indemnity: You agree to indemnify and hold GGT and its, officers, directors, agents, licensors, suppliers, other partners, employees, and representatives harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the GoGrow Platform, your violation of the Terms, or your violation of any rights of another.
Your Conduct: By downloading and/or using the GoGrow Platform, you agree not to upload, post, e-mail or otherwise send or transmit any material that contains viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment associated with the GoGrow Platform. You also agree not to interfere with the servers or networks connected to the GoGrow Platform or to violate any of the procedures, policies, or regulations of networks connected to the GoGrow Platform, the terms of which are incorporated herein. You also agree not to: (1) impersonate any other person while using the GoGrow Platform; (2) conduct yourself in a vulgar, offensive, harassing, or objectionable manner while using the GoGrow Platform; (3) use the GoGrow Platform for any unlawful purpose; or (4) resell or export the software associated with the GoGrow Platform. GGT does not promote, recommend, or condone use of the GoGrow Platform during certain activities, such as automobile driving, where there is a significant risk of accident. You agree not to use the GoGrow Platform during such activities.
Use Limitation: You acknowledge and agree that the GoGrow Platform may only be used for business purposes, and you agree that you will not use the GoGrow Platform for personal uses.
Cautious Driving: You acknowledge that while the GoGrow Platform is accessible from mobile devices, reviewing any information on a mobile device while driving is dangerous and carries with it an inherent risk. You agree to always drive carefully and in accordance with traffic laws. Further, you agree that you will not check the GoGrow Platform for updates or send any information while operating a motor vehicle.
Revisions and Errors: The materials appearing on the GoGrow Platform may include technical, typographical, or photographic errors. GGT does not warrant that any of the materials on the GoGrow Platform or in any marketing materials are accurate, complete, or current. GGT may make changes to the materials contained on the GoGrow Platform or in its marketing materials any time without notice. GGT does not make any commitment to update any of these materials.
Links: GGT has not reviewed all links that may be posted on the Website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by GGT of the third-party site or endorsement of the GoGrow Platform by the third-party link. Use of any such linked website is at the user’s own risk.
Your Information and Privacy: By using the GoGrow Platform, you may submit your personal information as set forth in the GoGrow Privacy Notice (the “Privacy Notice”), the terms of which are incorporated into these Terms. Subject to the terms of the Privacy Notice, we may need your permission to do certain things that you ask us to do with your information, for example, storing your Personal Information on our servers for access by the GoGrow Platform. You agree that we need to do those things solely to provide our services to you, and you give us permission to do so. Further, you acknowledge and understand that if you choose to link the GoGrow Platform to any third-party service, for example, Facebook Messenger, that service may require you to create an account with the third-party service, and to do so, the third party may require you to provide additional personal information that is outside our control. You agree that you are solely responsible for the content you submit to the GoGrow Platform. For example, it is your responsibility to ensure that you have the rights or permission needed to comply with these Terms. If any of the content that you use in connection with the GoGrow Platform is the protected intellectual property of others, you are responsible and liable for how you use that content. As part of using the GoGrow Platform, you acknowledge that GGT may collect or otherwise have access to information that you provide to any third-party service that you choose to connect to the GoGrow Platform. GGT will not use any of the Personal Information obtained from any such third-party service for any purpose other than to provide you with the GoGrow services.