Terms of Service
Last Updated: December 7th, 2021
GrowOrPerish is reached at 3835 R East Thousand Oaks Blvd, #196, Westlake Village, CA 91362, USA. GrowOrPerish and/or GrowOrPerish and/or GrowOrPerish.com and its owner ETHOS publishers LLC whose website is EthosPublishers.com are referred to as "GrowOrPerish", "GOP", "GoP", "Company", or "COMPANY", "Provider", "We" or "we", or "us" and all their possessive forms such as but not limited to "our" or "ours" or "Provider's" or "GOP's" as well as their variations in the plural or singular forms and their variations as initial-caped or all caps or if spelled in all lowercase letters, etc. GrowOrPerish is the Provider of GrowOrPerish.com (collectively, the "Website" and its ownership). Your use of the Website is subject to your full compliance with all terms, conditions, policies, and notices contained or referenced herein, directly or by extension in our emails, texts, and other digital assets. Additionally, subscription to the Website subjects you to additional rules, policies, terms, conditions, and requirements by the Provider, and other service providers to GrowOrPerish, and by your legal and/or geographic jurisdiction where you remain fully responsible for remaining in compliance with all such legal requirements.
BY USING THE WEBSITE YOU AGREE TO, AND ACCEPT, THIS DOCUMENT AND ITS CONTENTS IN ITS ENTIRETY, AND THAT YOU AGREE TO ABIDE FULLY BY IT. YOUR REMEDY FOR DISSATISFACTION WITH THE WEBSITE OR ITS CONTENTS IS TO RELY ON THIS WEBSITE'S REFUND POLICY AND/OR TO STOP USING THE WEBSITE WITHOUT ANY OTHER RECOURSE.
GrowOrPerish is a Private, by invitation only, Membership organization whose mechanism for receiving compensation may include the subscription model. Membership to GrowOrPerish is NOT available to anyone who wishes to become its member and it is only open to those whose request to become Members or Participants, has been accepted by GrowOrPerish. Such individuals also agree to this document and all other referenced documents by continuing to meet GrowOrPerish's requirements, thus remaining in good standing and in full compliance with GrowOrPerish's Terms of Service, and various Policies.
1. DEFINITIONS
"Terms of Service" means this document is also referred to as "TOS" and/or "Agreement" and/or "Terms and Conditions" and/or "terms and conditions".
"Free Trial" means the time period during which you get free access to GrowOrPerish. During this period you can cancel online at any time; if you don't cancel before the trial ends, your paid membership will automatically begin.
"Billing" The monthly charge on your credit card from GrowOrPerish for your access to the Website.
"A Website Member", or "Member", or "member", or "Subscriber", or "Participant", or "registrant", or "user," or "User", or "You", or "you", or "student", all mean "you" and/or "You", and/or "YOU", the person who is accessing and/or utilizing GrowOrPerish's Website as a paid member and/or a visitor and/or otherwise.
"Member", or "Membership" means anyone who has joined GrowOrPerish, who may be in their Free Trial period, or in their Paid Membership period.
"Member in good standing" is a member who agrees to and continues to stay compliant in all ways with GrowOrPerish's evolving nature, Terms of Service, and other documents and information that GrowOrPerish references.
"Service", or "Services" means all that GrowOrPerish undertakes to deliver to members via any and all means in the past, present, and the future.
"Business Assets" means assets (including, but not limited to physical, financial, digital, intangible, and intellectual property) belonging to GrowOrPerish, or under its control.
"Content" and/or "Contents" means any information that is provided, communicated, delivered, transmitted, or made available to GrowOrPerish members and non-members either directly, or indirectly.
"Parties" means You and GrowOrPerish together.
"Material" means any part of, or the entire content of Provider's Website(s) and any other form of communication including but not limited to: emails, such as text (to include Unicode characters, ASCII characters, and non-ASCII characters as they appear on the website(s)), graphics, audio, video, images, logos, button icons, software, and any viewable and/or downloadable files.
"Undersigned" and/or "UNDERSIGNED" means the person who willingly and willfully agrees to this document known as TOS and has the legal capacity to execute/agree to this document whose agreement to this TOS is signified by his or her use of the Website in any and all forms and manners. After having read and understood this TOS in its entirety, if You do not agree to abide by this TOS must immediately stop using this Website in any and all manners and forms.
"Member Provided Content" or sometimes referred to as "content" (as determined solely by GrowOrPerish) in this document is all information, data, text, software, music, sound, photographs, graphics, videos, messages, tags, or other materials provided by a Member, whether publicly posted, or privately posted on GrowOrPerish's website(s), or transmitted, and/or mailed, and/or shipped to GrowOrPerish, whereas the correctness, copyright, and ownership right issues and accuracy of such information is the sole responsibility of the person from whom such information originated to GrowOrPerish.
2. ACCESSING THE WEBSITE
You are responsible for providing the necessary hardware, software, and internet connection required to access the Website. We reserve the right to make any changes without limits to the Website, and any offers, and/or services and/or materials on the Website, at our sole discretion, and without notice to you. We will not be liable if, for any reason, all, or certain parts of the Website becomes unavailable at any time, or for any period as we cannot fully control all the parameters on which we depend for the proper functioning of the Website, including, but not limited to parameters such as manpower, availability of resources, technology, the internet, etc. We are constantly seeking to improve our Services, Website(s), and their infrastructures while maintaining compatibility with the major browsers. We are not always successful in implementing changes that render desirable results. Browsers are occasionally less than perfect in their performance and computers and devices used to access the Website are also fallible at times. We may add to, or remove all, or parts of our Services at any time, and we may suspend, or stop a Service altogether at our sole discretion and without notice to you. Check these Terms of Service often for updates.
3. ACCEPTABLE WEBSITE USE
General Rules: Users may not use the Website in order to transmit, distribute, store, or destroy material (a) in violation of any applicable law or regulation, (b) in a manner that will infringe upon the copyright, trademark, trade secret, or other intellectual property rights of others, or violate the privacy, publicity, or other personal rights of others, (c) that is defamatory, obscene, threatening, abusive, or hateful, or (d) otherwise prohibited by, or disadvantageous to GrowOrPerish where the determination of the definition of such negative impact shall be as solely determined by GrowOrPerish.
Website Security Rules: Users are prohibited from violating, or attempting to violate the security of the Website, including, without limitation, (a) accessing data not intended for such user, or logging into a server, or account which the user is not authorized to access, (b) attempting to probe, ping, scan, or test the vulnerability of GrowOrPerish infrastructure, system(s), or network, or to breach security, or authentication measures without proper authorization, (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Website, overloading, "flooding", "spamming", "email bombing", or "crashing", (d) sending unsolicited e-mail, including promotions and/or advertising of consultation, or education, or (e) forging any TCP/IP packet header, or any part of the header information in any e-mail, blog, or newsgroup posting. Violations of the system or network security may result in civil, or criminal liability. GrowOrPerish will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. In the event that GrowOrPerish merely suspects an entity for violating Website Security Rules, GrowOrPerish at its sole discretion may ban and disallow the entity from its servers.
This site is designed for interested individuals and seekers of GrowOrPerish's Services who can legally make binding contracts under applicable law. You must be of the age of majority, in the country of your residence. You agree to this TOS document on behalf of yourself. Additionally, if you are a parent or a legal guardian of a minor whom you authorize to participate in the GrowOrPerish's program, you may do so at your discretion and purchase a separate subscription program for that minor.
Although the contents of the Website are clean and tasteful, we recommend that minors be supervised and guided by the parent or guardian for the maximum benefit of everyone involved.
You represent that you are an adult in your country of residence. You agree to these Terms of Use on behalf of yourself and, at your discretion, for minor children 13 years of age or older for whom you are a parent or guardian and whom you have authorized to utilize GrowOrPerish and have paid the membership fees for such minors, or have authorized for such fees to be paid, or have enabled and/or caused such fees to be paid for minor children.
You are also expected to follow all applicable laws and regulations that may be associated with any of the activities involved with the use of the Website for adults and minors.
You further agree to hold GrowOrPerish harmless and indemnify GrowOrPerish according to the Indemnification provisions contained herein, for your violations of this TOS and/or applicable laws.
4. DISCLAIMER
The contents of this document called Terms of Service, or TOS, which includes Membership Terms and conditions, apply to all visitors to the website plus Members of GrowOrPerish who access, rely upon, utilize, and/or benefit in any form, or fashion from GrowOrPerish's Business Assets and/or the information GrowOrPerish posts to Website.
Upon registration as a Member of the website you:
(i) become a paying subscribing Member ("you" or "Member")
(ii) are issued a Member back office and access to Members Area is granted to you
(iii) agree that you have read and have agreed to abide by this document in its entirety.
These TOS are subject to periodic change(s) that GrowOrPerish may make in its sole discretion. GrowOrPerish is entitled to modify the Business Assets, any one, or more components of the Website, and/or the Business Assets, the Membership benefits, price structure, subscription model, and/or requirement at any time. Unless otherwise specified herein, all changes to these TOS apply to all Members, as specified in the language of such changes, including Members enrolled before the date the changes take effect, should a member continue to access and use the Website after any changes have been noticed on this TOS or elsewhere on the Website.
This entire document contains the terms, conditions and other provisions under which you may use GrowOrPerish's Business Assets and Website to the extent that you are permitted to do so as stated, or referred to herein. Please read this entire document carefully. We recommend that you review this document with a professional licensed advisor to help you understand all that you are agreeing to abide by, in order to make the best decision for yourself and any minors for whom you are a legal guardian. If you do not accept all the provisions stated herein their entirety, do not use this Website and service(s) and immediately leave this Website. By using this Website, you are indicating your acceptance to be bound by this TOS. You should visit this page periodically to review its language because they will change from time to time without notice and they are binding on you.
GrowOrPerish's program(s), approach, consultants, advisers, and any services may change at the sole discretion of GrowOrPerish, and anytime without notice to you. Such changes may cause members stress, or may cost members in time, and/or money, and/or other resources. Members acknowledge that GrowOrPerish to achieve its objectives in good-faith knows best as to how and when and why to change, alter, improve, enhance, discontinue any of its services, approach consultants and advisers and programs and services and that such changes shall be binding upon all members without recourse.
Please be advised that all communications with GrowOrPerish, including, but not limited to, telephone calls are recorded. When you speak to us on the telephone, or in-person we may, or may not remind you that all communications are recorded. It is up to you to remember that we have put you on notice that ALL COMMUNICATIONS WITH GrowOrPerish ARE RECORDED as evidence of such communications for GrowOrPerish's use.
GrowOrPerish's resources, and/or information, and/or Services (delivered via [including, but not limited to] anyone, or more of the following forms: video, audio, telephone communication, in written form, in person, on a webinar, seminar, teleconference, teleseminar, web-based applications [application software], mobile applications, databases, desktop applications, websites, communications, etc.) whether developed by us or others, in part or in whole, are provided "As is". Additional terms, conditions or product/service requirements may apply at any time, and maybe made available as new information that you have not previously encountered, in various forms, which may cost the member in many ways including, but not limited to, time and/or money. You may not copy, and/or print and/or duplicate this document for any reason whatsoever at any time through any and all means and methods. At any and all times, you may only rely on the latest version of this document. Additional terms will be incorporated into this document from time to time and such additional terms become part of your agreement with us if you choose to continue to use our Services. It is the responsibility of the member to be fully aware of the terms and conditions of Provider's (that is us) Service(s) and determine their suitability and appropriateness for your use and intended purposes after consulting competent, knowledgeable advisers, such as but not limited to your own attorneys, CPAs, investment advisers, etc. because we do not represent that we are attorneys, CPAs, doctors, psychologists, nutritionists, investment advisers, etc. GrowOrPerish is not a place to find or rely upon any type of licensed advice. In other words "buyer beware" and obtain proper advice from professional licensed advisers.
Use of GrowOrPerish's Materials authorizes you to view the material available at GrowOrPerish (the "Website") solely for your personal, non-commercial, non-exploitive, non-malicious use to the extent that what you view is consistent with your level of membership as a single member. A single membership account is for the use of one person. You are prohibited to use one membership for more than one person in any form at any time.
The GrowOrPerish subscription accounts are for one single individual only. The programs are not for couples or groups or organizations. Couples, groups, and organizations are required to purchase a separate subscription for each person who is interested in the GrowOrPerish Website.
You, by your willful act of accessing GrowOrPerish's information and/or communications, contacting, making a request, mining, searching, or obtaining information from GrowOrPerish, or about GrowOrPerish, or by learning from, or using the intellectual, digital, virtual, and/or physical facilities, and/or Services of GrowOrPerish, such as, but not limited to, accessing GrowOrPerish's Website(s), emails, recordings, materials produced, or recorded about GrowOrPerish by any entity, conference calls, and/or webinars (private, or otherwise), and any and all other forms of communication, are agreeing to all the terms contained in this document without exception.
All "Material" may be protected under copyright, trademark, and other laws. All content is under the exclusive ownership of GrowOrPerish, and/or is licensed by GrowOrPerish from their original authors, and/or their representatives. The compilation (meaning the collection, arrangement, and assembly) of all content on this Website is protected by copyright, and/or trademark laws. Unauthorized use of the material may violate copyright, trademark, and other laws. If you have been authorized in writing by authorized GrowOrPerish personnel to make copies of GrowOrPerish Business Assets you must retain all dates, copyright, trademarks, service mark, and other proprietary notices contained in the Material you have been authorized to copy and/or use. You may not sell, or modify the Material, or reproduce, display, publicly perform, distribute, or otherwise use the Material in any way for any public, or commercial purpose. The use of the Material on any other Website, or in a networked computer environment for any purpose is prohibited. Further, the HTML, JavaScript, ECMAScript, CSS, Jscript or any other code that is created by GrowOrPerish while generating its pages is also protected by GrowOrPerish's copyright and possibly any copyright privileges retained by others.
You agree to follow all provisions of GrowOrPerish's TOS, as well as additional information that may be found about GrowOrPerish's Services, on GrowOrPerish Website(s), or elsewhere in our communications with you. Each time you log into GrowOrPerish's Members Area of the Website, you must agree to the TOS before you are allowed to use GrowOrPerish's Members Area online facilities, or access your own information therein.
Any misuse of the Website subjects you to immediate suspension of your membership, which prevents you from accessing any data and information you reasonably expect to access. Your Membership may be terminated without any recourse if we suspect you are not in compliance with the spirit of the Website, and/or the TOS document, and such determination shall be made at our sole discretion with full immunity from any negative consequences brought against us by you, or anyone else because of our action. In such event you will lose all your privileges and there will be no warranties, and/or refunds provided to you under any circumstances, and you hereby indemnify us according to the Indemnification provisions as appear within this document.
5. INTELLECTUAL PROPERTY RIGHTS
(a) The Website and its entire content, features, and functionality (whose material assets include, but not limited to all information, software, text, displays, layouts, images, video and audio, and the design, selection, and arrangement thereof) are owned by GrowOrPerish, and/or its licensors, and/or other providers of such material, and are protected by one or more of the following: the United States and international copyright, trademark, patent, trade secret, and other intellectual property, or proprietary rights laws. This TOS permits you to use the Website for your non-commercial use only. No right, title, or interest in, or to the Website, or any content on the Website is transferred to you, and all rights not expressly granted are reserved by GrowOrPerish.
(b) Names, trade names, trademarks, service marks, and other instruments of service, and/or trade/commerce that may appear on the Websites are the properties of their respective owners.
You may only copy, and/or download, and/or print the information that you are instructed by GrowOrPerish to do so during the course of its teachings, or if you have been authorized by a GrowOrPerish representative to do so in writing. There are no exceptions to this requirement.
(c) You may not: (i) delete, or alter any copyright, trademark, or other proprietary rights notices from copies of materials on the Website; or (ii) access, or use for any commercial purposes any part of the Website, or any services, or materials available through the Website without written permission of GrowOrPerish specifically addressed to you.
(d) All written permissions are subject to cancelation by GrowOrPerish and are not permanent unless otherwise, they contain such language with respect to a specific duration of the term of such permissions.
6. YOUR OBLIGATIONS AND REPRESENTATIONS
(a) You may use the Website only for lawful purposes and in accordance with this TOS document.
(b) You agree that: (i) you will not impersonate, or attempt to impersonate the Company, a Company employee, another user, or any other person, or entity; (ii) you will not use any robot, spider, or other automatic device, process, or means to access the Website for any unlawful purpose, or in violation of this Policy; (iii) you will not introduce any viruses, Trojan horses, worms, logic bombs, or other apps, programs, or material which is malicious, or technologically harmful; and (iv) you will not co-brand, or frame the Website, or hyper-link to it without the express prior written permission of an authorized representative of the Company.
7. USER CONTRIBUTIONS
You are responsible for your own communications and are responsible for the consequences of their posting. You must not, and by using this Website you agree not to: (i) post material that is copyrighted, unless you are the copyright owner, or have fully secured the permission of the copyright owner to post their intellectual property; (ii) post material that reveals trade secrets, unless you own them, or have fully secured the permission of the owner; (iii) post material that infringes on any other intellectual property rights of others, or on the privacy, or publicity rights of others; (iv) post material that is obscene, defamatory, threatening, harassing, racist, anti-establishment, abusive, hateful, or unkind; Furthermore you may not post any sexually-explicit images or contents, or statements; Do not post advertisements, or solicitations of business, (v) Do not post chain letters, or pyramid schemes; (vi) Do not impersonate another person; (vii) Do not post material that contains viruses, Trojan horses, worms, time bombs, cancel-bots, or other computer programming routines, or engines that are intended to damage, in any way interfere with, surreptitiously intercept, or expropriate any system, data, or information, and/or proper functioning of GrowOrPerish's Website(s) and/or infrastructure as determined solely by GrowOrPerish.
It is your responsibility to verify the accuracy of all the information (including personal) posted and/or supplied by you on the Website.
GrowOrPerish does not represent, or guarantee anything including but not limited to the accuracy, or reliability of communications provided, or posted by, Members, or third party providers/contributors to GrowOrPerish's Services, or within GrowOrPerish's Services. GrowOrPerish does not endorse any representations or opinions expressed by visitors to, or Members of GrowOrPerish's Website. As a user, you will be liable for all damages that may happen to your account, Membership, or status based on the content that you provide, or refuse to provide, or fail to provide in a timely manner. You acknowledge that your reliance on any material posted by other users will be at your own risk.
GrowOrPerish does not represent, or guarantee the truthfulness, accuracy, or reliability of communications posted by GrowOrPerish from third parties (i.e. counselors and authors, and other resource providers), nor does GrowOrPerish endorse any opinions expressed in such postings. All postings by GrowOrPerish are for informational and educational purposes only.
GrowOrPerish has no obligation to screen information, links, and references provided by other sources that GrowOrPerish incorporates into its Website, in advance, or at any time and is not responsible for screening, or monitoring material provided, and/or posted by users, consultants, speakers, providers, or educators. If notified by a user that certain communications may allegedly not conform to these Terms and Conditions, GrowOrPerish may investigate the allegation and determine in good faith at its sole discretion whether to remove, or request the removal of such communication from its records. GrowOrPerish has no liability, or responsibility to users for performance, or nonperformance of such activities. GrowOrPerish reserves the right to expel users and prevent their further access to the Website for violating the TOS, or the law and reserves the right to remove communications which are false, misleading, abusive, illegal, disturbing, in poor taste, or disruptive. GrowOrPerish may take any action at its sole discretion with respect to user-submitted information that it deems necessary, or appropriate if GrowOrPerish believes it may create liability for GrowOrPerish.
By submitting content to any public, or nonpublic area of the Website (if applicable), including regular postings, message boards, forums, education centers, emails, blogs, photographs, and chat rooms you grant GrowOrPerish and its affiliates the royalty-free, perpetual, irrevocable, non-exclusive right (including any moral rights) in your copyright, trademark, publicity, and database rights a license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content (in whole, or in part) worldwide, and/or to incorporate it in other works in any form, media, or technology now known, or later developed, for the full term of any rights that may exist in such content. You also warrant that if you are not the rightful owner of such material, the holder of any rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license as stated above to GrowOrPerish. You also permit any subscriber to access, display, view, store and reproduce such content for personal use subject to this TOS. These rights also include your information in any media now known, or not currently known. Subject to the foregoing, the owner of such content placed on the Website retains any and all rights that may exist in such content without any negative consequences to GrowOrPerish and with full indemnification provided by you, and/or another party for the benefit of GrowOrPerish as per the Indemnification provisions in this TOS. This information will be used in accordance with GrowOrPerish's Privacy Policy.
Any hyperlinks contained in any postings may be disabled, at the discretion of GrowOrPerish.
8. USER INFORMATION
When you register for Membership, you will be asked to provide GrowOrPerish with certain information including, without limitation, a valid email address (your "Information"). GrowOrPerish will never release your information unless under lawful state, or federal subpoena. GrowOrPerish reserves the right to offer third party consultation or education to its Members. Unless mentioned in the Privacy Policy, GrowOrPerish does not sell, or rent your personal information to third parties for marketing purposes without your consent, and we only use your information as described here and in the Privacy Policy. Your personal information and safeguarding are very important to GrowOrPerish. Your information is on computers and is protected by physical as well as technological security measures and devices. If you object to your information being transferred or used in this way please do not use the GrowOrPerish Website.
The Provider reserves the right to use, copy, move, refer to, and access all data entered by you for any and all purposes as it deems necessary to carry on and conduct its affairs, at its sole discretion.
Even though you will enter and alter and manage your data in GrowOrPerish's database(s), the Provider shall have full and unrestricted access to such information at any and all times in any form, or manner that the Provider may choose to make use of the same. The provider does not expect to change, modify, or alter your information in any manner unless: (1) you ask us to alter your information and we choose to agree to perform such alteration(s); (2) we may find it necessary for reasons technical, or otherwise at our sole discretion believing that effecting such change(s) and alteration(s) is necessary at the time the decision is made to make such change(s) and alteration(s); or (3) GrowOrPerish is requested by a higher authority to effect such changes. However, under no circumstance will GrowOrPerish sell your information to any entity what-so-ever.
9. COPYRIGHT INFRINGEMENT
If you believe that your copyrighted work has been uploaded, posted, or copied to this Website, and is accessible on this Website in a way that constitutes copyright infringement, please notify in accordance with the Digital Millennium Copyright Act (17 U.S.C. § 512)("DMCA"). The written notice (the "DMCA Notice") must include substantially the following:
i. Your physical, or electronic signature.
ii. Identification of the copyrighted work you believe to have been infringed, or if the claim involves multiple works on the Website, a representative list of such works.
iii. Identification of the material you believe to be infringing, in a sufficiently precise manner to allow us to locate that material.
iv. Adequate information by which we can contact you (including your name, postal address, telephone number, and if available, e-mail address).
v. A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
vi. A statement that the information in the written notice is accurate.
vii. A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Our designated Copyright Agent to receive DMCA Notices is reached at:
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. Please be aware that if you knowingly misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and legal fees).
GrowOrPerish and all of affiliated organizations and companies respect the intellectual property of others, and we ask Members and content partners to do the same. The unauthorized reproduction, copying, distribution, modification, public display or public performance of copyrighted works constitutes an infringement of the copyright owner's rights. As a condition to your use of this Website, you agree not to use the Website to infringe the intellectual property rights of others in any way. We will terminate the accounts of any account holders, and block access to our Website of any users, who are repeat infringers of the copyrights, or other intellectual property rights of others. We reserve the right to take these actions at any time, in our sole discretion, with, or without notice, and without any liability to the account holder who is terminated, or to the user whose access is blocked.
10. CHANGES
We reserve the right, at our sole discretion, to change Terms of Service and all that it references, at any time. Any changes are effective immediately (unless stated otherwise in specific changes and updates) upon posting to the Website and your acceptance of the same upon your next login. Your continued use of the Website constitutes your agreement to this evolving Terms of Service.
11. CONDUCT
In addition, to GrowOrPerish's Policies and Etiquette you understand that the validity, accuracy, and appropriateness of all Member Provided Content, is the sole responsibility of the member and all submittals must comply with GrowOrPerish's TOS. This means that you, and not us, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via any method that GrowOrPerish has provided to you. We do not guarantee the accuracy, integrity, or quality of such Content. You understand that by using the Services, you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable. Under no circumstances will GrowOrPerish be liable in any way for any Content, including, but not limited to, errors, or omissions in any Content, or any loss, or damage of any kind incurred as a result of the use of any Content provided by anybody that has been uploaded and made available via the Website. GrowOrPerish will remove and take additional action it deems necessary if and when GrowOrPerish is made aware of any inappropriate, or inaccurate information.
Please pay close attention to the following:
11.1. Do not upload, post, email, transmit, or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, anti-government, libelous, sexually explicit, immoral, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable as determined solely by GrowOrPerish at its own discretion;
11.2. The terms of this agreement continue even if you stop using our Services, or we stop you from using our Services. Once you agree to these Terms of Service you shall remain bound by them in perpetuity.
11.3. Do not impersonate another person, or entity, including, but not limited to, a Website official, forum leader, guide, or host, or falsely state, or otherwise, misrepresent your affiliation with another person, or entity;
11.4. Do not forge headers, or otherwise, manipulate identifiers in order to disguise the origin of any Content transmitted through and to the Service;
11.5. Do not upload, post, email, transmit, or otherwise make available any Content that you do not have a right to make available to us, under applicable law, or under contractual, or fiduciary relationships (such as inside information, proprietary and confidential information learned, or disclosed as part of your employment relationships, or under nondisclosure agreements, or any information that does not lawfully, or legally belong to you);
11.6. Do not upload, post, email, transmit, or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights ("Rights") of another party;
11.7. Do not upload, post, email, transmit, or otherwise make available any unsolicited, or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," offers of any kind, or any other form of solicitation in any format not even via direct links or disguised links to any other location outside of Website ;
11.8. Do not upload, post, email, transmit, or otherwise make available any material that contains software viruses, malware, or any other computer code of any type, files, or programs designed to interrupt, destroy, steal, confiscate, duplicate, scan or limit the functionality of any computer software, or hardware, or telecommunications equipment that are a part of the proper functioning of the Website and Company;
11.9. Do not disrupt the normal flow of dialogue whether live or recorded. Do not act in a manner that negatively affects other users' ability to engage in live or virtual dialogues and exchanges. Do not scan for digital information and/or digital signals that are in any way connected to the Website or the Company;
11.10. Do not interfere with, or disrupt the Services, or servers, or networks connected to the Website and/or Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Services, including using any device, software, or routine to bypass our robot exclusion headers;
11.11. Do not intentionally, or unintentionally violate any applicable local, state, national, or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of your domicile nation, or other securities exchanges and monetary authorities;
11.12. Do not provide material support or resources (or to conceal, or disguise the nature, location, source, or ownership of material support, or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
11.13. Do not "stalk" or otherwise, harass another. Do not harm anyone;
11.14 You acknowledge that we may, or may not pre-screen, or screen Content provided by any entity, remove, refuse such Content/content at any time, but that we and/or our designees shall have the right (but not the obligation) at our sole discretion to do so. Without limiting the foregoing, we, and/or our designees shall have the right to remove any Content, or facility that we, in our sole discretion, believe violates the Terms of Service, and/or is otherwise objectionable, and/or is no longer in line with our wishes, at our sole discretion. You agree that you must evaluate and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content, or on any part of the Site, regardless of who it was created by.
11.15 You acknowledge, consent, and agree that we may access, preserve, and disclose your account information and Content if required to do so by law, or in a good faith belief that such access, preservation, or disclosure is reasonably necessary to: (i) comply with the legal process; (ii) enforce the Terms of Service; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for member service; or (v) protect our rights, property, or personal safety, or the rights, property, or personal safety of other Website users and/or the public;(vi) protect our interests.
11.16 GrowOrPerish reserves the right to terminate any member's account at its sole discretion, but not without good cause as determined solely by GrowOrPerish. Please read and keep the following in mind and do not risk cancelation of your account:
1. When you register with GrowOrPerish on any of GrowOrPerish's web pages (as a website member), or when you contact us via telephone or email, you must at all times represent your information accurately and not misrepresent your identity.
2. If you no longer wish to be a part of GrowOrPerish, ask for a refund for any portion of the videos allocated to you that you did not watch in your last cycle, then simply walk away.
3. You may not break any laws - we do not advocate that you do so.
4. You must continue to stay in compliance with all applicable laws - we do not advocate that you do otherwise. We do not know which laws you are required to stay in compliance with - It is your responsibility to know which laws apply to you and follow them.
5. You must have the proper level of comprehension, and/or advice from qualified advisers to evaluate GrowOrPerish's service(s) and be able to separate fact from fiction. We will not work with you if you do not take the time to understand our Services, by accessing, at least, the material that we provide you to learn from, or by asking questions from those who have the answers and are willing to assist you.
6. You may at times misinterpret information that is available through private, or public sources, and reach out to us for clarification. If we are qualified to do so, we may attempt to help clarify such matters to the best of our ability but we will not convince you, or anyone else to view matters our way. Our resources, teachings, and services are not for everyone. A sarcastic or a cynically disposed individual will not do well with GrowOrPerish and they should refrain from participating in our teachings. Don't waste your money and time. Click away from GrowOrPerish.com and seek information available elsewhere that you might benefit from.
7. When performing our services:
o We do not seek to persuade anyone to take part in our educational program, or our services;
o We will terminate the membership of anyone who violates our Terms of Service(s), Policies, and Etiquette code as published on GrowOrPerish's Website;
o We will terminate the membership of anyone who refuses to cooperate with our request in connection with their GrowOrPerish membership, compliance, or status; and
o We will reject and will terminate the membership of anyone who misrepresents to us who they are and if we suspect they have an ulterior motive(s) that could result in harm, physical, emotional, financial, psychological or digital, to us or anyone else associated with GrowOrPerish. Based on GrowOrPerish's sole discretion, if you are determined to be such a person, or entity operating in any capacity, you agree to hold us completely harmless from any and all negative consequences, be it legal, or financial, or of any other type of harm that you may experience due to your lack of compliance with these TOS, at your own sole expense and immediately, without any delays to our satisfaction.
11.17 Do not be in a hurry to join GrowOrPerish. Do not join GrowOrPerish before you have given yourself ample time to understand what we do and take the time to properly evaluate the suitability of our services for you. At some point in time after you have joined you may discover something that you don't like about our approach. In such an event, you cannot terminate your membership with us and receive a refund according to our refund policy. Therefore, do not join GrowOrPerish in haste.
11.18 Do not misuse our Services. For example, do not interfere with our Services or try to access them using a method other than the interface, permissions, and the instructions provided by us on the Website. Use our Services within the parameters set by, and/or permitted by applicable laws and with fairness. We may suspend, or stop providing our Services to you and may stop providing access to the data and information that you reasonably expect to access, if we suspect you are not in compliance with the spirit of our Services, and/or the text of this document, and such determination shall be made at our sole discretion with full immunity extended to us by you, from any negative consequences brought against us by you, or anyone else because of your actions. At any time, we may suspend your access to your account. In such an event, you will lose all your privileges and you agree to indemnify us according to the Indemnification provisions as appear within this document.
11.19 You agree to follow all policies of the Provider, and according to this document known as the Terms of Service, as well as additional information that may be found about our Services on our Website(s), or elsewhere in our communications with you. Each time you log in to our Website and review any of the information provided you have the chance to review our latest Terms of Service. Each time you log into the member's area of the website you are required to review GrowOrPerish's latest Terms of Service, and you must agree to it every time before you go any further and before you are allowed to use our online facilities, or access your own information.
11.20 When using our Services you may enter, or alter information in the database(s) that relate to you, BUT only to make the information up-to-date and NEVER to provide false, or inaccurate information. All information that you create, enter, modify, alter, or otherwise manipulate remains accessible to you for as long as your account is in good standing, and you have not filed any disputes of any nature with anyone against us, nor have you caused, and/or participated (directly, or indirectly) in any disputes of any nature to be filed against us.
11.21 Access to our website may become unimportant, or unavailable depending on currently unknown parameters. In such an event, we may discontinue providing access to our Website as solely determined by GrowOrPerish. You will then be locked out of the Website. You may not be happy with being locked out of the Website and it may cause you inconvenience, or cost you in time, money, and/or in many other ways that could negatively impact you. Should we lock you out at our sole discretion, you agree to indemnify us in all ways in perpetuity according to the Indemnification provisions of this document.
11.22 Our Services may refer to and/or use and display some content that is not the property of the Provider. The accuracy of such content is not the responsibility of the Provider. From time to time, we may review such content to determine its adherence to our policies and evaluate its appropriateness within our Services, and at any time we may update, remove, or refuse to display such content if we reasonably believe such content violates our Terms of Service or the law, or if it introduces a challenge, technical or otherwise or the information is determined by us to be inaccurate, outdated or irrelevant. In such an event, at the Provider's sole discretion we may choose not to display, provide material, provide substance, provide access to, or process such information. We may also not review, or verify such content, therefore, please do not assume that we do.
11.23 By agreeing to the Terms of Service document, you agree to hold no other Website's, or entity's Terms, Conditions of use, Terms of Use, Terms of Service, Terms and Conditions, rules, guidelines, laws, regulations, and codes at a higher, or a more authoritative position than the Terms of Service, and Policies, and Etiquette, and guidelines, and/or requirements imposed on you by GrowOrPerish via this TOS document and all that it references.
11.24 You agree that GrowOrPerish's Terms of Service is the only governing document when communicating with GrowOrPerish, or any of its representatives. Therefore, should you send an email to us, or communicate with us in any form or fashion, you are subject to GrowOrPerish's Terms of Service, and we are not subject to your Terms of Service or any other Terms of Service that you may be bound by or you may elect to impose on us.
11.25 From time to time we may send you a request for the production of certain documents such as EIN, or SSN, and/or Identification should our access to such information becomes necessary based on our sole discretion. You agree to provide us with such information within a maximum of 10 calendar days unless a tighter time limit has been specified for such a request. Should we not receive the requested information within the specified time, we reserve the right to suspend, or cancel, or terminate your account with full indemnity for GrowOrPerish as provided for in these Terms of Service or we may suspend a portion of your privileges temporarily or indefinitely at our sole discretion.
11.26 In connection with your use of the Website and/or Services, we may send you announcements, administrative messages, and other information. You may opt-out of some of those communications and suffer certain consequences as a result. If you choose to opt-out or choose to not read/understand information that we provide to you, or allow such messages/information to go unnoticed, and/or ignored, you run the risk of being uninformed about potentially important information, ignorance of which may have an adverse effect on you and you agree to indemnify the Provider as according to the Indemnification provision in this document.
11.27 We do not store nor have access to your credit card information. Our Services allow you to submit any information, your intellectual property, and other Content. You retain ownership of such Content when it legally belongs to you. When you submit Content to our Services, you give us the Provider (and its affiliates, and service providers, collaborators, successors and assigns, and its other third parties) a worldwide license to use, review, duplicate, host, store, reproduce, alter, modify, sell, create derivative works (such as but not limited to, those resulting from analysis, parsing, adaptations, or other changes we make, so that among other reasons including but not limited to, your content works better with our Services, or for the purposes of our choosing), communicate, and publish such information. Such action on our part does not make you our partner and does not entitle you to anything extra. The terms of this agreement continue even if you stop using our Services, or we stop you from using our Services. Make sure you have the necessary rights to enter any Content that you submit to our Services. If you miscalculate, or misrepresent purposefully, or inadvertently, or for any other reasons, malicious, or otherwise "Misrepresent", information that you provide us, then the responsibility of defending us against any harm resulting from this Misrepresentation falls on you and you will be responsible for all expenses and damages caused to you, and to us or any other party, and you agree to never have any claims against us, and at your sole expense, to hold us completely harmless against any and all claims, legal or otherwise, that may arise from your use of our Website and/or Services.
11.28 If you are disenchanted with our Services, you agree to not verbally express, nor post, any negative information, and/or comments, anywhere on the internet, forums, or email(s) or within any other service(s), or software, or on any social media platform, in print, or in digital format, in any language at any time whereas such action shall be referred to as "Malicious Post(s)", or any variations on the two words. Should you Maliciously Post, you agree to pay Provider the sum of USD $1,000 per negative, or disparaging, or unkind, or slanderous, or libelous post(s) per calendar day for each day that your aforementioned post(s) remain on the world wide web or in physical or digital formats, anywhere, for the first 30 days starting with the day of your posting as restitution, and for each of the subsequent calendar days the aforementioned restitution you agree to pay to us, shall increase by an additional USD $4,000, indefinitely. You shall remain financially liable as described in this paragraph even if without your control, your negative comments are electronically copied by internet spiders, bots, or any other mechanisms be they physical or digital in nature and/or person(s) not in your control.
11.29 If you use our Services in a jurisdiction whose laws are in contravention of this Terms of Service document, and/or other documents composed by us, then you must immediately refrain from using our Services. Under the aforementioned circumstances, if you continue to use our services then you agree to voluntarily (where agreement shall be evidenced by your continued use of our Services) give up all your rights to any damages to be recovered from us, in the event that such action is permissible by law, all the while indemnifying Provider as per the Indemnification provisions set forth in this document against any and all entities.
11.30 If using our services causes you to break any law(s), or be out of compliance with any law(s), or Terms of Services as provided by another service provider, or any other entity that could negatively impact you, then you must immediately refrain from using our Services, and you agree to indemnify us per the Indemnification provisions set forth in this document.
11.31 Should you choose to submit ideas, feedback, or make, or offer suggestions about our Services, you expressly give us the complete right, in GrowOrPerish's sole discretion, to use your ideas, feedback, or suggestions without any obligation(s) to you, or anyone else whom you influence. Make sure you have the necessary rights to submit ideas, feedback, or suggestions along with any Content that you submit to our Services. If you miscalculate, incorrectly assume, or misrepresent, purposefully, or inadvertently, your ownership rights to such ideas, feedback, suggestions, recommendations, or Content, the responsibility of defending yourself and us against any harm as a result of legal action brought against us by any entity, falls on you, and you agree to be responsible for all fees and expenses and damages, monetary and otherwise, caused to you, us, or any other party, and you agree to never have any claims against us and, furthermore, at your expense to hold us harmless against any and all claims, judgments, damages, or liens that may result from you doing business with us, or having misrepresented your rights to materials that you shared with us in any form including, but not limited to ideas, feedback, or suggestions.
11.32 You are responsible for keeping up and staying up-to-date with GrowOrPerish's evolving nature.
12. NO PROMISES
YOUR USE OF THE WEBSITE OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY PROMISES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY PROMISE, WARRANTY, OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY PROMISES, REPRESENTS, OR WARRANTS THAT THE WEBSITE, OR ITEMS OBTAINED THROUGH THE WEBSITE, OR ANY PORTION THEREOF WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE, OR THE SERVER(S) THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES, OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE, OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
13. LIMITATION OF LIABILITY
WE DO NOT ACCEPT LIABILITY FOR DEATH, PERSONAL INJURY, FINANCIAL LOSS, OPPORTUNITY LOSS, BUSINESS INTERRUPTION, AND/OR ANY OTHER TYPE OF LOSS, AND/OR DAMAGE TO YOU, AND/OR ANY ENTITY EITHER DIRECTLY, OR INDIRECTLY RELATED TO YOU CAUSED BY OUR NEGLIGENCE, OR THAT OF OUR OFFICERS, DIRECTORS, SUPPLIERS, CONSULTANTS, EMPLOYEES, AND/OR AGENTS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE COMPANY, ITS LICENSORS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE TO YOU, OR ANY THIRD-PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, LOSS OF DATA, OR LOSS OF PROFITS, LOSS OF OPPORTUNITIES WHETHER, OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF, OR IN CONNECTION WITH THE USE OF THIS WEBSITE OR OF ANY WEBSITE REFERENCED, OR LINKS TO AND FROM OUR WEBSITE, OUR COMMUNICATIONS IRRESPECTIVE OF THEIR FORM OR NATURE . YOU WILL BE RESPONSIBLE FOR ALL CLAIMS AND DAMAGES RESULTING FROM THE MISUSE OF THE WEBSITE BY YOU.
14. EQUITABLE RELIEF
You acknowledge that a breach of any confidentiality or proprietary rights provision of this Policy may cause the Company irreparable damage, for which the award of damages would not be adequate compensation. Consequently, the Company may institute an action to enjoin you from any and all acts in violation of those provisions, which remedy shall be cumulative and not exclusive, and the Company may seek the entry of an injunction enjoining any breach, or threatened breach of those provisions, in addition to any other relief to which the Company may be entitled at law, or in equity.
15. GOVERNING LAW AND VENUE
This Policy shall be construed and governed by the laws of the State of California, without regard to the principles of conflict of laws thereof. You agree and accept that any legal action or proceeding shall be brought in the federal, or state courts for the State of California, County of Ventura, and you expressly waive any objection to personal jurisdiction, venue, or forum that may be inconvenient for you in any way shape or form including but not limited to inconvenience to you such as geographical, financial etc. If you are a Website user who resides outside of the United States of America, this Policy and the relationship between you and us shall be governed by laws of State of California unless due to internationally legal reasons the laws of the country or state in which you are domiciled are required to apply whose applicability shall be ascertained solely by GrowOrPerish's legal advisers.
16. SEVERABILITY
If any provision of this Policy is held by a court of competent jurisdiction to be contrary to law or unenforceable, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law, and the remaining provisions of this Policy will remain in full force and effect.
17. WAIVER AND AMENDMENT
If the Company fails to insist upon strict performance of your obligations under any of these terms and conditions, or if the Company fails to exercise any of the rights or remedies to which it is entitled under this TOS, this will not constitute a waiver of such rights, or remedies and will not relieve you from compliance with such obligations. No waiver by the Company of any default will constitute a waiver of any subsequent default, and no waiver by the Company of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing by an authorized representative of GrowOrPerish.
18. GEOGRAPHIC CONSIDERATIONS AND RESTRICTIONS
Software, functionality, and/or features (collectively, "Service Functionality"), that may be available on, or through the Website from time-to-time, are subject to United States Export Controls. No Service Functionality from the Website may be downloaded, or exported (i) into (or to a resident of) Iraq, Cuba, Libya, North Korea, Iran, Syria, or any other country which the United States has an embargo against; or (ii) anyone on the United States Treasury Department's list of Specially Designated Nationals, or the United States Commerce Department's Table of Deny Orders. By downloading, or using any portion of the Website, you represent and warrant that you are not located in, under the control of, or a national, or resident of any such country, or on any such list. Although the Website may be accessible worldwide, we make no representation that materials on the Website are appropriate, or available for use in locations outside the United States, and accessing them from territories where their contents are illegal, is prohibited. Those who choose to access the Website from other locations do so on their own initiative and are responsible for compliance with their local laws. Any consequences legal or otherwise, arising from your violation of this provision or any other provision(s) of this Terms of Service document shall be remedied by you to GrowOrPerish's satisfaction. Any offer for any product, service, and/or information made in connection with the Services is void where prohibited.
19. FUTURE BUSINESS TRANSACTIONS
Any data you submit to GrowOrPerish becomes the property of GrowOrPerish. Your credit card information however is not submitted by you through GrowOrPerish directly to licensed professional processors and not GrowOrPerish. GrowOrPerish has no access to your credit card information. As GrowOrPerish develops and matures, it may undergo a change of ownership, such as a merger, and/or a sale of all, or substantially all our stock, or assets. In the event of such transactions, user information and/or user-provided information will be transferred as business assets, to the parties involved with such change(s). However, any party purchasing GrowOrPerish's assets will be subject to an obligation to maintain the integrity of your information.
20. COMPLETE UNDERSTANDING
This TOS, together with the documents expressly referred to herein and found elsewhere on the Website not expressly referred to herein, constitutes the sole and entire agreement between you and the Company with respect to the Website, and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral.
21. GENERAL TERMS
21.1 GrowOrPerish makes no claims that the Materials it provides may be lawfully viewed or downloaded. Access to the Materials may not be legal by certain persons or in certain jurisdictions/countries. If you access the GrowOrPerish Website(s), you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. These Terms and Conditions are governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. Jurisdiction for any claims arising under this agreement shall lie exclusively with the County of Ventura, and all parties submit to the jurisdiction of the venue of these courts.
21.2 If any provision(s) of these Terms and Conditions is (are) found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect.
21.3 No waiver of any terms of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided in additional terms of use for areas of the Website, such as a particular "Legal Notice," or Software License or material on particular Web pages, these Terms and Conditions plus all other documents and webpages this document references constitute the entire agreement between you and GrowOrPerish with respect to the use of the Website. No changes to these Terms and Conditions shall be made except by a revised posting on this page which is fully expect to happen from time to time without notice to you. It is your obligation to familiarize yourself with the changing and evolving nature of the Website and this TOS.
21.4 This Agreement and the rights and obligations herein shall be binding upon and inure to the benefit of the parties and their respective legal and permitted successors and permitted assigns.
21.5 You acknowledge and agree that: (a) monetary damages alone may not be a sufficient remedy for any breach hereof by you, and (b) GrowOrPerish may be irreparably harmed by a breach of any provisions of this Agreement by you. Accordingly, GrowOrPerish shall be entitled to specific performance and injunctive and/or other equitable relief as a remedy for any such breach by you, which relief shall be in addition to the recovery of reasonable attorney's fees and costs, as well as all legal remedies available to GrowOrPerish and as provided for in this document. You waive any requirement for the securing or posting of any bond in connection with any such remedy for your breach thereof. You shall: (a) promptly notify GrowOrPerish if you become aware of any breach of this Agreement and you shall give GrowOrPerish all reasonable assistance in connection with any action or proceeding GrowOrPerish may initiate in connection therewith; and (b) you agree to fully indemnify GrowOrPerish from and against all losses, damages, liabilities, claims, expenses and other costs of any nature whatsoever, including reasonable attorney's fees and costs, based upon, arising from, or otherwise attributable to any such breach by any Interested Party.
21.6 This Agreement and the rights and obligations herein shall be binding upon and inure to your benefit and to the benefit of GrowOrPerish and permitted assigns. This Agreement shall not be assignable except by GrowOrPerish. This agreement has been created for you and you shall not provide the TOS documents for use by any other person or entity for any reason what-so-ever.
21.7 This Agreement shall be construed in accordance with and governed by the laws of the State of California which shall have exclusive jurisdiction over all matters regarding this Agreement, including litigation arising out of, or relating to this Agreement and/or the relationship of the parties created herein and shall be heard in California.
21.8 This Agreement may be executed electronically (or by facsimile or email at the sole discretion of GrowOrPerish), and in counterparts, each of which shall be deemed an original, but all of which taken together shall constitute a single agreement.
21.9 In the event any terms, condition or other provision of this Agreement is found void, voidable or unenforceable for any reason by a court of competent jurisdiction, such term, condition or provision shall be deemed severed from the remainder of this Agreement, and all other terms, conditions, and provisions herein shall remain in full force and effect.
21.10 Except as otherwise expressly provided herein, any notice to be given hereunder shall be in writing, and shall be deemed to have been given when transmitted by facsimile to 1(818)475-5424 with a copy sent via Federal Express to GrowOrPerish 3835 R East Thousand Oaks Blvd, #196, Westlake Village, CA 91362, USA and with a copy emailed to [email protected]
21.11 The Undersigned acknowledges and agrees that unless and until they enter into another relationship that is memorialized in a written agreement signed by the undersigned and GrowOrPerish, this Agreement shall control the Parties' obligations including but not limited to their performance under this Terms of Service which references other documents.
21.12 All Parties intend this to be a fully integrated agreement along with other Terms of Service documents on GrowOrPerish's website as well as GrowOrPerish's Policies, other Website embedded Terms of Service and any other documents or webpages referenced by this document. All Parties further acknowledge neither party has made or relied upon any representation or promise not expressly contained herein. No amendment or modification of this Agreement shall be enforceable unless reduced to a writing signed by an authorized representative of each party or such changes may appear as an amendment to any GrowOrPerish Terms of Service document(s).
21.13 For purposes of interpretation, Both Parties to this Agreement shall be deemed to have jointly and equally drafted this Agreement. GrowOrPerish and the Undersigned each represents and warrants it has full authority to enter into this agreement and to fulfill all obligations hereunder.
21.14 There may be laws, Federal, State or local, that dictate to you, the user of our Services, to keep track of, to record, report, notarize, scribe, sign, etc or enter data in a particular manner to be compliant with such laws. We DO NOT represent that our Services are compliant with any such laws. Therefore, it is up to you to know what laws YOU are required to be in compliance with. Immediately STOP USING our Services if you cannot be in FULL compliance with all applicable laws when using our Services. If you ignore this requirement of ours and choose to continue to use our Services and be non-compliant with any applicable laws knowingly or unknowingly, you agree to indemnify us the Provider as provided for in this document AND you further agree to notify us within 3 business days of discovering that you are not following any applicable laws.
21.15 Our Services may update automatically on your device(s) from time to time, without notice and usually, but not necessarily, without any interruption to the normal flow of information exchange. Occasionally, you may need to log out and log back in for certain changes to take effect.
21.16 This document and other documents and webpages referenced herein, may be amended or modified by GrowOrPerish at its sole discretion at any time and these amendments and modifications will apply to you and will be binding upon you when you use and/or access GrowOrPerish's service(s) after each amendment, change or modification whether or not you are aware of such amendments, changes or modifications. It is your responsibility to review the TOS documents from time to time for such amendments, changes, and modifications.
21.17 We utilize programming and software and website development tools and techniques that are most compatible with the latest versions of Google Chrome and Firefox browsers. We have found that Microsoft Internet Explorer, under certain circumstances may not behave in a compatible fashion in reference to our style of programming and software development and website development tools. Therefore, for the best experience, we recommend using the Google Chrome browser.
21.18 Any and all examples, parables and quotes, any use of numbers and claims in videos, audios, text or calculators, and in examples, are approximate and are for illustration purposes only. You may NOT rely on them as they DO NOT necessarily depict reality.
21.19 Provider gives you a temporary, worldwide, royalty-free, non-assignable and non-exclusive license to use its Services "FOR YOUR PERSONAL USE ONLY" after you have agreed to the GrowOrPerish's TOS. Such privileges can be retracted by us for any reason at our sole discretion at any time. This license is for the sole purpose of enabling you to use and enjoy the benefits of the Services, in accordance with this document and applicable laws. You may not reverse engineer, access our Services in a manner other than provided by us, duplicate, alter, distribute, sell, create derivatives of, disrupt, interfere with or lease any part of our Services to others. You may not represent us in any way shape or form without a wet-ink signed written consent from us. You may not integrate your ideas with ours and produce business cards documents or give presentations to others about our Services without obtaining our prior written consent.
21.20 Our Services are, in part, based on Web-enabled application software(s). As such the Website works best under many circumstances but it is not guaranteed to work under all circumstances. The reliability of the hardware that you use to access our Services, the proper type, version and reliability of your other connected or not directly connected devices, device drivers, other software(s), operating system(s) and browser(s) will impact your experience of our Services. We test the proper functioning of our Services under reasonably good condition(s) under multiple scenarios prior to each release. Unless all your hardware equipment and all your software's function properly at the time you access our Services, you may see anomalies that impede your full enjoyment of our Services in one or more ways. You are responsible for using compatible and up-to-date devices free of malware, to access our Services.
21.21 Occasionally there may be rounding errors in calculating numbers and percentages and performing other types of calculations, mathematical, logical, third party dependent or otherwise. On Good-Faith basis, GrowOrPerish will solely rely on tools at our disposal (including but not limited to intellectual) to round off numbers, up or down, or to make any adjustments to the results, and draw any conclusions, based on the way such tools are designed to perform. You and we agree to accept such inaccuracies irrespective of their consequences. You further agree to leave the choice of rounding the numbers, whether up or down, to be left to Provider's sole discretion.
21.22 We make mistakes. We don't make mistakes on purpose to harm anyone - however we make mistakes. When our mistakes are discovered, they will be rectified whose results shall be binding on all members. Such mistakes may cause members to feel stress, a little or a lot, or may cost members in time and/or money. Members acknowledge that GrowOrPerish to achieve its objectives in good-faith may attempt to rectify such mistakes at its sole discretion with full indemnity for GrowOrPerish from you.
21.23 At times, you may experience problems importing or uploading information to or from us or a third party. Unless such information matches our programming, you should not expect the importing or uploading process to work. If you run into any issues importing or uploading, contact us via email. We expect all Third-Party information to be imported or uploaded into our services or to be submitted to the Service to be of a particular and predetermined format. If the predetermined format is not uploaded properly by you, the Service can generate an error.
21.24 We may give you gifts from time to time-based solely on our determination, with or without any discernable reasons. We may stop giving gifts for reasons that are not known at this time. We may stop giving the gifts for reasons that are suspected by us to possibly interfere with our gift-giving, in the future. Our gifts to you should NOT be the reason why you join GrowOrPerish. The benefit of the education provided on GrowOrPerish must be the only basis on which you purchase and continue subscribing to a GrowOrPerish program.
21.25 The decisions that we will make may disappoint some people and may make others happy. Therefore, please manage your expectations properly so that you don't lash out at anyone especially GrowOrPerish, and run the risk of having your membership canceled with penalties for you and without recourse with full indemnity for GrowOrPerish.
22. PRIVACY POLICY
This Privacy Policy governs the manner in which GrowOrPerish collects, uses, maintains and discloses information collected from users (each, a "User") of the Website ("Site"). This privacy policy applies to the Site and all products and services offered by GrowOrPerish.
Personal identification information
We may collect personal identification information from Users in a variety of ways, including, but not limited to, when Users visit our site, register on the site, fill out a form, and in connection with other activities, services, features or resources we make available on our Site. Users may be asked for, as appropriate, name, email address, mailing address, phone number, and other personal information. We will collect personal identification information from Users only if they voluntarily submit such information to us. Users can always refuse to supply personal identification information, except that it may prevent them from engaging in certain Site related activities.
Non-personal identification information
We may collect non-personal identification information about Users whenever they interact with our Site. Non-personal identification information may include the browser name, the type of computer and technical information about Users means of connection to our Websites, such as the operating system and the Internet service providers utilized and other similar information.
Web browser cookies
Our Site may use "cookies" to enhance User experience. User's web browser places cookies on their hard drive for record-keeping purposes and sometimes to track information about them. The User may choose to set their web browser to refuse cookies, or to alert you when cookies are being sent. If they do so, note that some parts of the Site may not function properly.
How we use collected information
GrowOrPerish may collect and use Users personal information for the following purposes:
- - To improve customer service
The information you provide helps us respond to your customer service requests and support needs more efficiently. - - To personalize user experience
We may use information in the aggregate to understand how our Users as a group use the services and resources provided on our Site. - - To improve our Site
We may use feedback you provide to improve our products and services. - - To share your information with third parties
We may share information with third parties for our services, activities, features, and other resources at GrowOrPerish. Examples of the third party include credit card processing and email transmission, and server hosting partners, etc. - - To send periodic emails
We may use the email address to send User information and updates pertaining to their membership. It may also be used to respond to their inquiries, questions, and/or other requests. If User decides to register at GrowOrPerish, they will receive emails that may include company news, updates, related product or service information, etc. If at any time the User would like to unsubscribe from receiving future emails, they may do so by contacting us to terminate their membership.
How we protect your information
We adopt appropriate data collection, storage and processing practices and security measures to protect against unauthorized access, alteration, disclosure or destruction of your personal information, username, password, transaction information and data that are stored on our Site.
Sensitive and private data exchange between the Site and its Users happens over an SSL secured communication channel and is encrypted and protected with digital signatures.
Sharing your personal information
We may use third-party service providers to help us operate our business and the Website or administer activities on our behalf, such as sending out newsletters or surveys. We may share your information with these third parties for those limited purposes provided that you have given us your permission or as provided by the Terms of Service document found at https://GrowOrPerish.com
Third-party websites
Users may access content on our Site that links to the sites and services of our partners, suppliers, advertisers, sponsors, licensors, and other third parties. We do not control the content or links that appear on these sites and are not responsible for the practices employed by websites linked to or from our Site. In addition, these sites or services, including their content and links, may constantly be changing These sites and services may have their own privacy policies and customer service policies. Browsing on and interaction with any other website, including websites which have a link to our Site, may subject you to that website's own terms and policies.
Compliance with children's online privacy protection act
Protecting the privacy of the very young is especially important. For that reason, we never collect or maintain information at our Site from those we actually know are under 13, and no part of our website is structured to attract anyone under 13. The Website provides for parents and guardians to make certain decisions regarding subscriptions they may purchase for minor children as clearly noted on the GrowOrPerish Terms of Service document.
Changes to the privacy policy
GrowOrPerish has the discretion to update this privacy policy at any time. We encourage Users to frequently check this page for any changes to stay informed about how we are helping to protect the personal information we collect. You acknowledge and agree that it is your responsibility to review this privacy policy periodically and become aware of modifications.
Your acceptance of these terms
By using this Site, you signify your acceptance of this policy and the TOS. If you do not agree to this policy, please do not use our Site. Your continued use of the Site following the posting of changes to this policy will be deemed your acceptance of those changes.
23. WAIVER OF LIABILITY
The aggregate liability for GrowOrPerish, its leadership team, its support team, its subsidiaries, associated organizations, employees, volunteers, consultants, advisers and suppliers, officers, and Directors, is waived by you under any and all circumstance for all claims arising from your reliance on GrowOrPerish and its resources and/or programs and/or education and/or negligence and/or opinions offered by anyone who GrowOrPerish permits to provide such resources, programs, education, and opinions.
24. DISPUTES BETWEEN MEMBERS AND THIRD PARTY
In the event of any disputes between a member and a Third Party and/or between two or more members, GrowOrPerish may elect to intervene on either party's behalf. All disputes, refunds or other events arising between the Third Party and its customers shall be resolved between the Third Party and its customers.
For any disputes arising between you and GrowOrPerish, you may contact GrowOrPerish at the comment page on the Website. GrowOrPerish will make every effort to resolve your dispute within the confines of its TOS documents.
GrowOrPerish reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to deletion of your content (if applicable) from its website(s) and immediate termination of your membership and/or restriction of your ability to access the Website(s) and/or any other education/counseling extended to you by GrowOrPerish, upon any breach by you of these Terms and Conditions (or other agreements referenced in this Website) or if GrowOrPerish is unable to verify or authenticate/verify to GrowOrPerish's satisfaction of your information.
25. INDEMNITY - INDEMNIFICATION
You agree to defend, indemnify, and hold harmless all GrowOrPerish related entities and individuals, their officers, directors, volunteers, assigns, appointees, employees, consultants, advisers and agents, from and against any and all claims, all losses, all damages, all liabilities, all expenses and all other costs of any nature whatsoever, based upon and/or arising from and/or otherwise attributable to any breach of any terms of these Terms of Service by you or any mistakes and/or negligence by GrowOrPerish.
26. THE SILVER COINS PROGRAM
We are currently working on an alternate subscription model where subscribers are rewarded with silver coins for their participation. We are hopeful that such a program may be offered in the near future.
27. CANCELLATION AND REFUND POLICY
Once you choose to cancel your subscription, your credit card will no longer be charged.
28. Affiliate / Referral Program
Coming soon
29. WARRANTIES AND DISCLAIMERS
TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES. OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OF SERVICE DOCUMENT and/or ADDITIONAL TERMS AND CONDITIONS ELSEWHERE ON OUR WEBSITE(S) OR EMAILS, NEITHER PROVIDER NOR ITS SUPPLIERS, REPRESENTATIVES, AGENTS, EMPLOYEES, AFFILIATES, OWNERS, OFFICERS, DIRECTORS AND/OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES WARRANTIES OR GUARANTEES ABOUT THE SERVICES. WE DO NOT REPRESENT THAT OUR SERVICES ARE PROVIDED FOR A SPECIFIC USE OR THAT THEY SERVE A PURPOSE SUITABLE TO YOU. WE DO NOT REPRESENT THAT OUR SERVICES ARE IN FULL COMPLIANCE WITH ANY APPLICABLE LAWS THAT APPLY TO YOU THE USER IN THE COURSE OF UTILIZING OUR SERVICES. WE PROVIDE THE SERVICES "AS IS" WITH NO GUARANTEES.
SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, SUCH AS THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. YOU MAY NOT USE OUR SERVICES IN SUCH JURISDICTIONS. SHOULD YOU USE OUR SERVICES IN SUCH JURISDICTIONS, KNOWINGLY OR UNKNOWINGLY, THEN YOU AGREE TO FULLY INDEMNIFY US AS PROVIDED FOR IN THIS DOCUMENT.
AS PROVIDED FOR BY APPLICABLE LAWS, PROVIDER, AND ITS SUPPLIERS, REPRESENTATIVES, CONSULTANTS, AGENTS, EMPLOYEES, AFFILIATES, OWNERS, OFFICERS, DIRECTORS, AND DISTRIBUTORS WILL NOT BE RESPONSIBLE NOR WILL ACCEPT ANY RESPONSIBILITY FOR LOST OPPORTUNITIES, PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES DIRECTLY OR INDIRECTLY, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.
IF FOR ANY REASON PROVIDER IS PENALIZED BY ANY APPLICABLE LAWS AND MUST PAY ANY DAMAGES TO ANY ENTITY(IES) INCLUDING YOU, AS A RESULT OF "YOU" USING OR MISUSING OR MISUNDERSTANDING OR NOT UNDERSTANDING OUR SERVICES, YOU AGREE TO FOREGO ANY DAMAGES AWARDED TO YOU THROUGH THE LEGAL PROCESS AND THE TOTAL LIABILITY OF PROVIDER AND ITS OFFICERS, EMPLOYEES, CONSULTANTS, OWNERS, SERVICE PROVIDERS, ITS SUPPLIERS, OFFICERS, DIRECTORS AND/OR DISTRIBUTORS, COLLECTIVELY, SHALL BE LIMITED TO ONE U.S. DOLLAR. ADDITIONALLY, YOU AGREE TO FULLY PAY FOR ALL OF THE PROVIDER'S LEGAL COSTS AND EXPENSES ON A WEEKLY BASIS, INCLUDING AN HOURLY RATE OF $500 FOR EACH PROVIDER'S REPRESENTATIVE'S TIME IF REQUIRED TO RESPOND TO LEGAL DOCUMENTS OR APPEAR AT MEETINGS OR COURT FOR THE PURPOSES OF PROVIDING ANSWERS TO QUESTIONS RAISED BY ANYONE WHO REPRESENTS YOU OR ADJUDICATES TO PROVIDED JUSTICE OR A LEGAL OPINION OR A LEGAL DECISION IN THE EVENT OF ANY LEGAL ACTION BROUGHT AGAINST THE PROVIDER BY YOU OR BY A GROUP THAT INVOLVES AND/OR INCLUDES YOU.
IF FOR ANY REASON PROVIDER IS PENALIZED BY ANY APPLICABLE LAWS AND MUST PAY ANY DAMAGES, MONETARY OR OTHERWISE, TO ANY ONE INCLUDING ANY GOVERNMENTAL ENTITY(IES) AS A RESULT OF YOU USING OR MISUSING OR MISUNDERSTANDING OR NOT UNDERSTANDING AND/OR, COMPLAINING ABOUT, OUR SERVICES AT ANY TIME, YOU AGREE TO PAY THE FULL AMOUNT OF MONETARY DAMAGES TO THE RECEIVING PARTY ON BEHALF OF THE PROVIDER AND ITS OFFICERS, EMPLOYEES, CONSULTANTS, OWNERS, SERVICE PROVIDERS, AFFILIATES, SUPPLIERS, OFFICERS, DIRECTORS AND DISTRIBUTORS, FOR ANY CLAIM UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, AND YOU SHALL BEAR THE TOTAL COST OF ALL DAMAGES PLUS ALL LEGAL EXPENSES WHILE YOU HOLD THE PROVIDER AND ITS OWNERS, OFFICERS, EMPLOYEES, AFFILIATES, SERVICE PROVIDERS COMPLETELY HARMLESS AGAINST ANY DAMAGES AND/OR FINANCIAL AWARDS AS A RESULT OF LEGAL ACTIONS AGAINST THE PROVIDER OR ANY OF ITS REPRESENTATIVES ET AL.
IN ALL CASES, PROVIDER, AND ITS SUPPLIERS AND DISTRIBUTORS WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE WHETHER OR NOT SUCH DAMAGES ARE/WERE REASONABLY FORESEEABLE AND/OR PREVENTABLE.
The contents of this document and any adjunct documents referenced herein shall be governed by the laws of the State of California, U.S.A. County of Ventura, excluding California's conflict of laws rules, will apply to any disputes arising out of or relating to these Terms of Service or any services rendered by us. You agree that any and all claims brought by you against the Provider relating to these terms of Service or Services provided, will be settled for one U.S. dollar ONLY and without any other consequences and the one U.S. dollar is all that you will agree to be entitled to receive and accept from the Company.
30. SPECIFIC PROHIBITED USES
Posting any incomplete, false, or inaccurate information, in the open discussions and chat forum sections, (if applicable), or other areas of the Website is prohibited. This includes, but is not limited to, any postings that are sexually implicit, use derogatory statements, or offensive language, are implicit, or immoral in nature, and are harassing, or libelous, unkind, or damaging, and any unlawful statement.
Posting or submitting any false, or inaccurate information including, but not limited to biographical information when about your account, or requesting other information from the Company shall be deemed a sufficient grounds for immediate cancelation of your membership without recourse.
Posting or submitting any incomplete, false, or inaccurate information to the Company.
Posting of any corrupted or corrupting files, viruses, malware and other software, hardware and or firmware that could cause damage to company’s business assets whether willfully or not.
Attempting to gather, or solicit other user's information for any reason not authorized by GrowOrPerish.
Deleting, or revising any code, text, or other material posted by any other person, or entity. This includes, but is not limited to, the infringement of any third party's content, or transmission.
Using any device, software, or routine to interfere, or attempt to interfere with the proper working of the Company’s business assets, or any activity being conducted on the Company’s Website(s).
Taking any action that imposes an unreasonable, or disproportionately large load on Company’s Websites’) infrastructure.
If you have a password allowing access to a non-public area of this Website, disclosing to, or sharing your password with any third parties, or using your password for any unauthorized purpose.
Notwithstanding anything to the contrary contained herein, using, or attempting to use any engine, hardware, software, tool, agent, or other devices, or mechanisms (including without limitation, trackers, investigative tools, browsers, spiders, bots, avatars, or intelligent agents of any type) to navigate, or search this Website other than the search engine and search agents available from GrowOrPerish, or other commonly used third party web browsers, such as from Google, Mozilla, or Microsoft.
Attempting to decipher, decompile, disassemble, or reverse-engineer any of the software comprising, or in any way making up a part of the Website.
Aggregating, copying, or duplicating in any manner any of the materials, or information available from the Website.
Embedding into, or framing of, any of the material, or information available from the Website.
Violating any other posted policy in regard to the use of this Website, regardless as to where the policy is located on the Website.
GrowOrPerish at its sole discretion may post materials submitted by you without obtaining further permission from you or anyone else. It is for this reason that you may not post any information to this website without having secured complete rights to such material.
31. DISCLAIMER OF CONSEQUENTIAL DAMAGES
IN NO EVENT SHALL THE COMPANY OR ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED IN ANY FORM OR FASHION AND IN ANY CONTEXT ON THIS WEBSITE OR IN GROWORPERISH'S COMMUNICATIONS VIA ANY AND ALL METHODS, AT ANY TIME BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND/OR CONSEQUENTIAL DAMAGES, EMOTIONAL, LOST OPPORTUNITY(IES), LOST PROFITS, DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION, ETC.) RESULTING FROM THE USE OR INABILITY TO USE THE WEB SITE AND THE MATERIAL, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
32. YOUR AGREEMENT TO THE TERMS OF SERVICE
BY ACCESSING AND/OR USING THE WEBSITE, YOU, THE UNDERSIGNED SIGNIFY YOUR AGREEMENT TO ABIDE BY THIS TERMS OF SERVICE DOCUMENT ("your acceptance of the same document") WHETHER YOU ARE A VISITOR OR A SUBSCRIBER.
You are required to read in order to comprehend the entire Terms of Service of this website, understand its significance to our complete satisfaction and subsequently agree to all terms and conditions contained herein - without exception - before you are permitted to visit, access, utilize, learn from, participate in any activity conducted, benefit from any offers, paid or promotional, temporary or otherwise, made available by GrowOrPerish Website(s). You are agreeing to this document, and you are accepting all responsibilities that we require you to accept and all else that this document references under Penalty of Perjury.
By accessing and/or using and/or subscribing to any GrowOrPerish plan, you are obligated to review and agree to ALL the provisions of this Terms of Service. If you choose not to agree to ALL provisions of this TOS, immediately click away. Otherwise, if you don't click away and don't stay away from GrowOrPerish permanently, by this action, you voluntarily agree to all the provisions within this document and give your complete consent electronically to ALL provisions of this TOS and your consent has and will have the same legal force and effect as if it had been personally signed by you in your full legal capacity. To the extent permitted by law, ALL provisions of these Terms of Service are intended to supersede any provisions of applicable law, which might otherwise limit their enforceability or effect because they were entered into electronically.