Terms of Service
By accessing or the using EGROW CONNECT (“Service”), or any services of EGROW SOLUTIONS, LLC Customer and its End-Users agree to be bound by the following terms and conditions (“Terms of Service”).
EGROW SOLUTONS, LLC reserves the right to update and change the Terms of Service at any time. EGROW SOLUTIONS, LLC will make effort to communicate these changes via email or website. In addition, any new features that augments or enhances the current service, including release of new modules and resources, shall be subject to the Terms of Service. Continued use of the service after any such changes shall constitute your consent to such changes. You can review the most current version of Terms of Service at any time on the website.
Violation of any of the terms below by Customer or its End-Users below, EGROW SOLUTIONS, LLC reserves the right, to temporarily suspend or terminate access to the Service at any time without incurring liability of any kind. While EGROW SOLUTIONS, LLC prohibits such conduct and Content on the Service, Customer and its End-Users understand and agree that EGROW SOLUTIONS, LLC cannot be responsible for Content posted on the Service. Customer and its End-Users agree to use the Service at their own risk.
Internet Connectivity
High speed internet connection is required in order for the service to function as intended. Customer and its End-Users are responsible for procuring and maintaining the network connections that connects to the service, including but not limited to, “browser” software that supports protocols used by EGROW CONNECT, including secure socket layer (SSL) protocol or other protocols accepted by EGROW CONNECT, and to follow procedures for accessing services that support such protocols. EGROW SOLUTIONS, LLC is not responsible to notify the Customer and its End-Users of any upgrades, fixes or enhancements to any such software. EGROW SOLUTIONS, LLC assumes no responsibility for the reliability and performance of any such connections as described.
Account & Security
At part of the registration process, Customer is provided with an administrator account credentials to access the service. Customer can create one or more End-User accounts in accordance with user licenses purchased.
Customer acknowledges and agrees that Customer is prohibited from sharing passwords and or user names with unauthorized users.
Customer agrees to one login per End-User – a single login shared by multiple users is not permitted.
Customer will be responsible for the confidentiality and use of End-User passwords and user names. Customer will also be responsible for all Electronic Communications, including those containing business information, account registration, account holder information, financial information, Customer Data, and all other data of any kind contained within emails or otherwise entered electronically through the Service or under Customer’s account.
EGROW SOLUTIONS, LLC cannot be liable for any loss or damage from the failure to comply with this security obligation.
Lawful Conduct
Customer agrees to comply with all applicable local, state, national and foreign laws, treaties, regulations and conventions in connection with its use of the Service, including without limitation those related to data privacy, international communications, and the exportation of technical or personal data. Customer will ensure that any use of the Service by Customer or its End-Users is in accordance with the terms of this Agreement.
Customer agree to notify EGROW SOLUTIONS, LLC immediately of any unauthorized use of any password or account or any other known or suspected breach of security or any known or suspected distribution of Customer Data.
Customer shall not resell the Services directly or indirectly to third parties.
Consent to electronic communication and solicitation
By using the service, Customer and its End-Users understands that EGROW SOLUTIONS, LLC may send electronic communications or data regarding services, including but not limited to notices concerning violations of use, updates, surveys, and promotional information.
Transmission of data
Customer understands that technical processing and transmission of data is fundamentally necessary to use the Service. Customer expressly consents to interception, storage and display of its Data by EGROW SOLUTIONS, LLC.
Customer acknowledges and understands that Electronic Communications will involve transmission over the internet, and over various networks which are not owned and operated by EGROW SOLUTIONS, LLC.
Customer acknowledges and understands that changes to Electronic Communications may occur in order to conform and adapt such data to the technical requirements of connecting networks or devices.
Customer further understands that that Electronic Communications may be accessed by unauthorized parties when communicated across the Internet, network communications facilities, telephone, or other electronic means. Even though EGROW SOLUTIONS, LLC will maintain reasonable safeguards for the protection, transmission, confidentiality and integrity of Customer Data, there may be situations where data is intercepted, lost or altered. In such cases EGROW SOLUTIONS, LLC cannot be held liable.
Content ownership
Except for the Service EGROW SOLUTIONS, LLC does not claim any ownership of any Content that is transmitted, stored, or processed.
EGROW SOLUTIONS, LLC also does not pre-screen, verify or endorse the Content that Customer and its End-Users make available on the Service.
Customer is responsible for all Electronic Commination’s, including those containing business information, account information and other Content entered electronically through the service, even when this is done by its End-Users. EGROW SOLUTIONS, LLC will have no liability of any kind as a result of the deletion of or correction of the Content.
Confidentiality
For purposes of this Agreement, “Confidential Information” shall include the terms of this Service, Customer Data, each party’s proprietary technology, business processes and technical product information, designs, issues, all communication between the Parties regarding the Service and any information that is clearly identified in writing at the time of disclosure as confidential. Notwithstanding the foregoing, Confidential Information shall not include information which: (1) is known publicly; (2) is generally known in the industry before disclosure; (3) has become known publicly, without fault of the Receiving Party; (4) the Receiving Party becomes aware of from a third party not bound by non-disclosure obligations to the Disclosing Party and with the lawful right to disclose such information to the Receiving Party; or (5) is aggregate data regarding use of EGROW SOLUTIONS,LLC products and services that does not contain any personally identifiable or Customer-specific information
Billing Terms
The Service is billed in advance of 30 days prior to the renewal term on an annual basis.
All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and Customer shall be responsible for payment of all such taxes, levies, or duties.
Add-on Modules or user licenses can only be removed during the start of annual billing cycle.
Delinquent Account
EGROW SOLUTIONS, LLC reserves the right to suspend Customer and its End-User Account(s) for which any payment is 30 days past due. EGROW SOLUTIONS, LLC will issue a delinquency notice when payment is 7 days past due.
Unpaid amounts are subject to a finance charge of 1.5% per month on any outstanding balance, or the maximum permitted by law, whichever is lower, plus all expenses of collection and may result in immediate termination of Service. Re-Activation may incur additional charges.
Refunds
First six (6) months of annual subscription is NOT REFUNDABLE from the subscription date. After the first six (6) months, if the Service is cancelled in the middle of month, only remainder full month of the subscribed term are refundable. Refunds will be issued within 30-60 days of cancellation date.
No credits or refunds are offered if service is terminated as a result of violations of terms of service.
Cancellation and Termination
Customer may elect to cancel the service at any time by emailing support@egrowconnect.com All access to the service will be immediately deactivated.
EGROW SOLUTIONS, LLC strongly recommends Customer export all data using reports prior to cancellation. However, if requested within 30 days after cancellation EGROW SOLUTIONS, LLC will provide dump of Customer data.
EGROW SOLUTIONS, LLC in its sole discretion, reserves the right to delete any or all data in the course of normal operations any time 30 days after cancellation.
EGROW SOLUTIONS, LLC reserves the reserves the right to refuse service to anyone for any reason at any time.
Violation or breach of any of the conditions or terms set forth in this agreement by Customer or its End-Users below, EGROW SOLUTIONS, LLC reserves the right, to temporarily suspend or terminate access to the Service for any definite or indefinite period of time.
Modifications to the Service and Prices
EGROW SOLUTIONS, LLC reserves the right at any time and from time to time modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
Prices for the service are subject to change. EGROW SOLUTIONS, LLC will provide 30 days’ notice. Such notice may be posted on the website, relayed via email or posted to the Service itself.
EGROW SOLUTIONS, LLC shall not be liable to the Customer or its End-Users or to any third party for any modification, price change, suspension or termination of the Service.
Other Conditions
The service is provided on as “as-is” as “as available” basis.
Customer understands that EGROW SOLUTIONS, LLC uses third party vendors and hosting providers to provide necessary hardware, software, networking, storage, and related technology required to run the Service. Interruption due to third-party related outages, EGROW SOLUTIONS, LLC cannot be held directly liable.
Customer understands that apart from redundancy with third party cloud services, data backup is performed twice daily to an external object storage for additional safety.
Customer and its End-Users will not, directly or indirectly reverse engineer, decompile, disassemble, hack, or otherwise attempt to discover the source code, object code or underlying structure, ideas, know-how or algorithms relevant to the Services or modify another website to falsely imply that it is associated with the Service, EGROW CONNECT or any other EGROW SOLUTIONS, LLC Services.
Customer and its End-Users agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by EGROW SOLUTIONS, LLC.
Verbal, Physical, written or other abuse (including threats of abuse or retribution) of any EGROW SOLUTIONS, LLC employee or representative will result in immediate account termination.
EGROW SOLUTIONS, LLC does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by the Customer through the service will meet your expectations, and (v) any errors in the Service will be corrected.
Customer expressly understands and agrees that EGROW SOLUTIONS, LLC. shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if EGROW SOLUTIONS, LLC. has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.
Neither EGROW SOLUTIONS, LLC OR Customer will be liable to the other for any failure or delay in the performance of non-monetary obligations due to causes beyond its control, such as failure or delay caused, directly or indirectly, by fire, flood, earthquakes, other elements of nature, acts of war, terrorism, riots, civil disorders, rebellions or revolutions, epidemics, communications line or power failures, or governmental laws, court orders, and regulations imposed after the fact.
The failure of EGROW SOLUTIONS, LLC to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between the Customer and EGROW SOLUTIONS, LLC that will govern the use of the Service, superseding any prior agreements between the Customer and EGROW SOLUTIONS, LLC (Including, but not limited to, any prior versions of the Terms of Service).
Any disputes relating to the Service or transactions contemplated hereby shall be governed by, and construed and interpreted in accordance with, the laws of State of Oregon, United States, without regard to the choice of law and principles thereof.
Questions about the Terms of Service should be sent to legal@egrowsolutions.com