Terms Of Use And Conditions

Last Updated: July 1, 2022 

Please read the following Terms of Use (“Terms”) and our Privacy Policy carefully  because they govern your use of our Services (as defined below) and all content and  information contained therein.  

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 

By using the Services, you agree that you are legally bound by these Terms, which  includes our Privacy Policy. If you object to any provision of these Terms, you may not  use our Services. 

II. USE OF SERVICE PROVIDERS AND OTHER THIRD-PARTY PLATFORMS 

Certain of our Services integrate, or allow you to link accounts on, third-party platforms  and services (such as chat tools, calendar/scheduling platforms, etc.) (collectively,  “Third-Party Platforms”). We do not control the applicable third parties who provide  and operate these Third-Party Platforms, and your use of any Third-Party Platforms is  subject to the applicable third party’s terms of use and privacy policies. 

III. USE OF THE SERVICES 

A. Eligibility 

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 

Our Services may contain links to third-party websites and platforms that are not owned  or controlled by Maple, such as those of our business partners. Maple has no control  over, and assumes no responsibility for, these websites or platforms (including any  content, terms of use, or privacy policies). You follow these links and use such third party websites and platforms at your own risk. 

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. 

Content Ownership 

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.  

Your Content 

Your Content” means any Content submitted to the Services by you (such as profile  photos and information and descriptions of To-Dos, etc.). We have the right, but no  obligation, to monitor or screen Your Content and remove any of Your Content that we  deem objectionable in any way. By submitting any of Your Content, you: (i) represent  and warrant that you have all right, title, and interest to do so; (ii) acknowledge that Your  Content may be visible to other users who are registered under your family or  household, or, in certain cases, individuals with whom you have specifically shared Your  Content; (iii) grant us and our affiliates a non-exclusive, worldwide, perpetual,  irrevocable, fully paid, royalty-free, and fully transferable and sublicensable license to  use, reproduce, display, perform, modify, transmit, distribute and create derivative  works of Your Content in any media and for any purpose whatsoever (including to  operate, maintain, improve, and promote the Services) without attribution or  compensation; and (iv) irrevocably waive any claims of moral rights, privacy, publicity,  or similar rights in any of Your Content. Notwithstanding the foregoing, our treatment of  your Personal Information will be governed by our then-current Privacy Policy. 

Feedback 

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.  

V. DISCLAIMERS 

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, our Privacy Policy, and any notices, terms, and items incorporated into  any of them, constitute the entire agreement between you and Maple regarding your  use of the Services and supersede and replace any prior understandings, whether oral  or written, and extinguish all previous drafts, agreements, arrangements, and  understandings between you and Maple, whether written or oral, relating to the  Services. You shall not have any claim for innocent or negligent misrepresentation  based upon any statement in these Terms. 

XI. ASSIGNMENT 

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. 

XIV. TERMINATION 

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. 

XV. GENERAL 

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 maple@growmaple.com.