Last Updated: July 1, 2022
IMPORTANT: THESE TERMS INCLUDE, AMONG OTHER THINGS, AN ARBITRATION PROVISION AND A CLASS ACTION WAIVER. PLEASE SEE SECTION XIII FOR MORE INFORMATION.
These Terms form a binding legal agreement between Grow Maple, Inc. (“Maple, “we”, “us”, and “our”) and you regarding the use of our website (growmaple.com), mobile applications, and related services and offerings (collectively, the “Services”).
I. AGREEMENT TO TERMS
II. USE OF SERVICE PROVIDERS AND OTHER THIRD-PARTY PLATFORMS
III. USE OF THE SERVICES
We permit users only age 13 or older to use our Services. In order for you to use the Services, you must be at least 13 years old. By signing up for a user account or by using the Services, you are affirming that you are 13 years of age or older. We are not liable for any damages that may result from a user’s misrepresentation of their age. In addition, certain Services may have additional eligibility requirements, as specified on the Services.
B. Registration and Your Information
If you want to use certain features of the Services, such as assigning or accepting To Dos from members of your family, you will be required to provide certain of information in order to create an account with Maple (“Account”). You may register for only one Account and your unique Account can be used across our Services.
You agree to provide us with accurate, complete, and up-to-date information for your Account, and to update such information, as needed, to keep it accurate, complete, and up-to-date. If you don’t, we may suspend or terminate your Account. You agree that you
won’t disclose your Account password to anyone and you’ll notify us immediately of any unauthorized use of your Account. You are responsible for all activities that occur under your Account, whether or not you have actual knowledge regarding such activities.
C. Restrictions and Acceptable Use
You represent, warrant, and agree that you will not: (i) remove any trademark or copyright notices contained in the Services or Content; (ii) reproduce, modify, publish, distribute, transmit, disseminate, transfer, license, sell, lease, create derivative works based upon, or in any way commercially exploit the Services or Content; (iii) use manual or automated means to trawl, mine, scrape, frame, or mirror the Services or Content; (iv) disassemble, decompile or reverse engineer the Services or Content; (v) attempt to hack, defeat, or overcome any encryption technology or security measures regarding the Services or our other systems or those of any third party, or gain any unauthorized access to any systems or accounts; (vi) interfere with or disrupt the operation of the Services or any other systems or otherwise interrupt or interfere with any other user’s use or enjoyment of the Services; (vii) violate any applicable local, state, national or international law; (viii) post or transmit any Content that is unlawful, defamatory, abusive, harassing, threatening, obscene, fraudulent, or otherwise inappropriate, or infringes any intellectual property or privacy rights of any person; (ix) send unsolicited advertisements through the Services; (x) use the Services in a way that will adversely affect us or reflect negatively on us, any of our goodwill, name or reputation; (xi) provide any false or misleading information or any information that you do not have the right to provide; or (xii) otherwise violate any of our posted policies or rules.
D. Links to Third-Party Websites or Resources
Any links furnished through our Services are provided to you for your convenience and any inclusion of a third-party link shall in no way be construed as an endorsement by us of the website(s), digital properties, or their content.
We have no control over, and are not responsible for, your interactions (online or in person) with any third parties, even if introduced via the Services. You are solely responsible for your interactions with any third parties. Additionally, certain third-party providers integrated or featured on the Services may charge for access to certain services, features, or content. We may be compensated by third parties for promotion of, or referrals to, their services. Notwithstanding the foregoing, any transaction between you and any third party will be solely between you and such third party, and we are not party to (and have no liability for) any such transaction.
IV. CONTENT AND CONTENT RIGHTS
For purposes of these Terms, “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided, or otherwise made available through the Services.
Maple and its licensors exclusively own all right, title, and interest in and to the Services and Content, including all associated intellectual property rights. You acknowledge that the Services and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Services or Content. Nothing contained in the Services should be construed as granting any license or right to use any of the Content without our written permission. Subject to your continued compliance with these Terms, we hereby grant you a personal, non-exclusive, revocable, non-transferable, and non-sublicensable license to access and use the Services and Content for your personal, non-commercial use.
If you provide feedback, suggestions, improvements, or requests for additional functionality (collectively, “Feedback”), you hereby and automatically grant us an unrestricted, perpetual, irrevocable, royalty-free, worldwide license to use, reproduce, display, perform, modify, transmit, distribute, and create derivative works of such Feedback in any way we deem reasonable, without any attribution or accounting to you. This paragraph will survive any termination or expiration of these Terms or of your account on (or use of) the Services.
THE SERVICES AND ALL CONTENT, INFORMATION, AND PRODUCTS AVAILABLE THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE”
BASIS AND YOUR USE RELATING THERETO IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, MAPLE AND ITS SUCCESSORS AND AFFILIATES DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY INFORMATION OR PRODUCTS APPEARING ON THE SERVICES SHALL BE AT YOUR SOLE RISK, AND YOU HEREBY WAIVE ANY RIGHTS YOU MAY HAVE HAD REGARDING ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, ON THE PART OF MAPLE AND ITS AFFILIATES REGARDING THE FUNCTIONING AND USE OF THE SERVICES.
WE ARE NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY ELECTRONIC NETWORK, SERVERS, SOFTWARE, OR FAILURE OF TRANSMISSION AS A RESULT OF TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET, ANY THIRD PARTY’S SYSTEMS, OR THE SERVICES, INCLUDING ANY INJURY OR DAMAGE TO ANY PERSON'S COMPUTER RESULTING FROM USE OF THE SERVICES. WE CANNOT GUARANTEE ANY SPECIFIC RESULTS FROM USE OF THE SERVICES OR CONTENT. UNDER NO CIRCUMSTANCES SHALL WE BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM USE OF THE SERVICES, CONTENT, OR FROM THE CONDUCT OF ANY USERS OF THE SERVICES OR OTHER THIRD PARTIES. WE DO NOT ENDORSE ANY USERS OR THIRD PARTIES LISTED OR REFERENCED ON THE SERVICES. SOME STATES DO NOT ALLOW CERTAIN DISCLAIMERS OR LIMITATIONS ON WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. THESE LIMITATIONS WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Force Majeure: We will not be responsible or liable for any delays or failures to perform due to causes beyond our reasonable control, which may include natural disasters, terrorist attacks, criminal activity, failure of internet or communications networks, health emergencies including pandemics or similar serious outbreaks of disease, or other force majeure events.
VI. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL MAPLE, ITS SUCCESSORS AND AFFILIATES OR THEIR OFFICERS, DIRECTORS, EMPLOYEES, VOLUNTEERS, AGENTS, LICENSORS, AND SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER AND HOWSOEVER ARISING, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE, INCLUDING ANY SUCH DAMAGES RESULTING FROM A CLAIM BY ANY PARTY RELATING TO THE USE OF OR INABILITY TO USE THE SERVICES OR ANY ASSOCIATED INFORMATION OR PRODUCTS. FURTHERMORE, MAPLE AND ITS SUCCESSORS AND AFFILIATES SHALL NOT BE LIABLE FOR DAMAGES RELATING TO THE USE OF THIRD-PARTY SITES OR DIGITAL PROPERTIES LINKED TO OR USED BY THE SERVICES. IF, FOR ANY
REASON, THE FOREGOING EXCLUSIONS AND LIMITATIONS OF LIABILITY ARE HELD UNENFORCEABLE OR INAPPLICABLE, THE TOTAL AGGREGATE LIABILITY OF MAPLE TO A USER OF ITS SERVICES SHALL NOT EXCEED TWENTY-FIVE U.S. DOLLARS ($25.00) RESPECTIVELY.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF CERTAIN WARRANTIES OR THE LIMITATION OF CERTAIN LIABILITIES. IN SUCH JURISDICTIONS, THE LIABILITY OF MAPLE WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
VII. RELEASE AND INDEMNIFICATION
To the fullest extent permitted by law, you release and will defend, indemnify, and hold harmless Maple and its successors and affiliates, as well as its and their officers, directors, employees, volunteers, agents, licensors, and suppliers, from and against any damages or claims, actions or demands, liabilities, and settlements, including, without limitation, reasonable legal and accounting fees, regardless of whether they are attributable to any act or omission of Maple and its successors and affiliates, in connection with (1) your use of the Services or Your Content, (2) your breach of these Terms, (3) your negligent or wrongful conduct, (4) your access to or use of any third party website or platform linked to or used by the Services or any other interactions or transactions with third parties, or (5) your violation of any third-party right, including without limitation any trademark, copyright, or other proprietary or privacy right. This indemnification provision shall apply to third-party claims as well as claims between the parties to these Terms. We may opt to defend any such third-party claims at our sole discretion, in which case you will indemnify us for the costs of such defense.
CALIFORNIA RESIDENTS HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, AND THAT IF KNOWN BY HIM OR HER WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
VIII. CHANGES TO SERVICES
The Services are subject to change any time without notice, including to correct any errors or omissions in any portion of the Services. At any time, Maple may terminate, change, or suspend any aspect of the Services or your access thereto, temporarily or permanently, without notice to you. Maple is not obligated to continue to support or update the Services. Maple may impose limits on certain features or services or restrict your access to parts, or all of the Services. You acknowledge and agree that Maple and its successors and affiliates shall not be liable to you or to any third party in the event that the Services or any part thereof become temporarily or permanently unavailable.
IX. CHANGES TO THE TERMS
We may update these Terms from time to time in our discretion. We will always keep the current version of these Terms posted on our website. By using the Services after a new version of these Terms have been posted, you agree to the terms and conditions of
such version of these Terms. If you do not agree to these Terms, you must immediately cease your use of the Services
X. ENTIRE AGREEMENT
These Terms and any rights and licenses granted hereunder may not be transferred or assigned by you.
XII. COMPLIANCE WITH APPLICABLE LAW AND GOVERNING LAW
We make no representations that the Content or the Services are appropriate or that they may be used or downloaded outside of the United States. Access to the Services may not be legal in certain countries outside of the United States. If you access the Services from outside the United States, you do so at your own risk and are responsible for compliance with the laws of the jurisdiction from which you access the Services.
Maple maintains the Services from the United States. Additionally, our Services are subject to United States export control laws and regulations and may be subject to export or import regulations in other countries. You agree to strictly comply with all such laws and regulations and acknowledge that you have the responsibility to obtain authorization to export, re-export, or import any data on our Services as may be required.
Our Services were created and are controlled by Maple in the State of California, United States of America. These Terms, and any disputes arising therefrom or in connection with the Services, shall be construed and interpreted under the laws of the State of California and applicable United States federal laws, without regard for any conflict or choice of law principles thereof.
XIII. ARBITRATION & CLASS ACTION WAIVER
By agreeing to these Terms, you also agree to arbitrate any and all claims arising out of or relating to these Terms or use of the Services (a “Claim”) pursuant to the Federal Arbitration Act and subject to the terms below. You and Maple agree that we intend that this Section XIII satisfies the “writing” requirement of the Federal Arbitration Act, and further agree that notwithstanding any other provision of the Terms, the Federal Arbitration Act shall govern the interpretation and enforcement of this Section.
In the event of a Claim, you and we agree to binding alternative dispute resolution pursuant to the then-current Commercial Arbitration Rules of the American Arbitration Association (“AAA”), however titled (“AAA Rules”).
ARBITRATION OF YOUR CLAIM IS MANDATORY AND BINDING. NEITHER PARTY WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM THROUGH A COURT. IN ARBITRATION, NEITHER PARTY WILL HAVE THE RIGHT TO A JURY TRIAL OR TO ENGAGE IN DISCOVERY, EXCEPT AS PROVIDED FOR IN THE AAA RULES.
NO CLASS ACTION OR OTHER REPRESENTATIVE ACTION OR PRIVATE ATTORNEY GENERAL ACTION OR JOINDER OR CONSOLIDATION OF ANY CLAIM WITH A CLAIM OF ANOTHER PERSON OR CLASS OF CLAIMANTS SHALL BE PERMITTED.
All parties to the arbitration will have the right, at their own expense, to be represented by an attorney or other advocate of their choosing. The arbitration proceeding will be held in San Francisco, California, unless you elect to proceed with a telephonic hearing or unless you and Maple agree to an alternative location. Maple will pay the initial filing fee for any arbitration, but the parties each shall otherwise bear their respective fees and expenses except as may be provided in the AAA Rules.
For a copy of the AAA Rules, to file a claim or for other information about the AAA, contact AAA, at One Sansome Street, Suite 1600, San Francisco, CA 94104 or at www.adr.org.
All determinations as to the scope, interpretation, enforceability, and validity of these Terms shall be made final exclusively by the arbitrator, which award shall be binding and final. Judgment on the arbitration award may be entered in any court having jurisdiction.
This arbitration provision shall survive the termination of the Services or of these Terms. If any portion of this arbitration provision is deemed invalid or unenforceable, the remaining portions shall remain in force.
Maple may immediately terminate these Terms or terminate your access to the Services with or without cause, and with or without notice, at any time. Such termination shall take effect immediately, unless Maple provides otherwise in any notice. Upon termination of your Account, your right to use the Services immediately ceases and you acknowledge and agree that Maple may immediately delete any files and data relating to your Account, and bar any further access to such data or to the Services. Maple shall not be liable to you or to any third party for termination of your right to use the Services. In the event of termination of these Terms, the Use Of Service Providers And Other Third-Party Platforms, Content and Content Rights, Disclaimers, Limitation of Liability, Indemnification, Compliance with Applicable Law and Governing Law, and Arbitration & Class Action Waiver sections, and any other section of these Terms that by their nature reasonably should be construed to survive termination, shall, in each case, survive such termination.
The headings contained in these Terms are for convenience only and are not to be used in interpreting these Terms. The provisions of these Terms are severable. In the event any provision of these Terms shall, in whole or in part, be determined to be void
for any reason, the remaining provisions will remain in full force and effect. Maple’s failure or delay in exercising or enforcing any right under these Terms shall not operate as a waiver or relinquishment of any right. No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition. YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED TO THE EXTENT PERMITTED UNDER APPLICABLE LAW.
XVI. CONTACT INFORMATION
If you have any questions about these Terms or the Services, please contact Maple at firstname.lastname@example.org.