TERMS OF SERVICE, Privacy and Use Agreement

Effective as of October 01, 2022

Grassroots50.com, (“Company”, “Our”, “We” or “Us”) provides these Terms of Service and Use to describe the terms that govern Your use of Grassroots 50.com, Grassroots 50.net, 50Grassroots.com and all other Company affiliate sites and applications including Company branded URLs, associated websites and mobile sites (“Site”, “Affiliate”, “or collectively, “Sites”) as may be further defined within this Terms of Service and Use Agreement.  Please read this Terms of Service Agreement (“Agreement”) carefully.  By accessing, using, or registering to use this website, or any other website owned or controlled by Company, you (“You”, “Your”, or the “User”) acknowledge that You have read and understood the Terms and Conditions of this Agreement and agree to be bound by its Terms and Conditions.  You agree that the Terms of Service, combined with Your act of using the Service, have the same legal force and effect as a written contract with Your written signature and satisfy any laws that require a writing or signature. You further agree that You shall not challenge the validity, enforceability, or admissibility of the Terms of Service on the grounds that it was electronically transmitted or authorized.  In some instances, additional or different terms, posted on the Service, apply to Your use of certain parts of the Service (individually and collectively “Additional Terms”). If You do not agree to ALL Terms and Conditions of this Agreement, DO NOT USE OR ACCESS THIS WEBSITE.  THESE TERMS CONTAIN A BINDING ARBITRATION CLAUSE AND A WAIVER OF CLASS ACTION RIGHTS.  To the extent there is a conflict between these Terms and any Additional Terms, these Terms will control unless the Additional Terms expressly state otherwise. 

 

1. USER AGREEMENT. This Agreement comprises the agreement between the User and Company. By using our Services, including any Company or affiliate Sites, You attest that You are authorized to use our Services as stated herein, and that You will comply with this Agreement and all applicable laws, rules, and regulations. By visiting or otherwise using the Service in any manner, You agree to the then posted Terms and any applicable Additional Terms, to be bound by them, and that You have read and understood them.

 

2. DESCRIPTION OF SERVICE.  All information, videos, video services, message services, text messages campaigns, images, RRS feeds, tools, commenting and linking publishing capabilities, podcasting services, mobile services, and all other services available or made available by Company to Users through our Sites from time to time are collectively, the “Services”. Company is based in the United States (“U.S.A”) and all Company Services are hosted in the United States. Unless stated otherwise, any new features that enhance or otherwise change the current Services shall be subject to this Agreement.  Company controls and operates the Service from the U.S.A., and makes no representation that the Service is appropriate or available for use beyond the U.S.A. If You use the Service from other locations, You are doing so on Your own initiative and responsible for compliance with applicable local laws regarding Your online conduct and acceptable content, if and to the extent local laws apply. Company furnishes the Company Sites and the Company Services for Your personal enjoyment and entertainment. By visiting the Company Sites or using the Company Services, You accept and agree to be bound by this Agreement, including any future modifications (“Agreement”), and to abide by all applicable laws, rules and regulations (“Applicable Law”). Please read through this agreement carefully. Company may modify this Agreement at any time, and each such modification will be effective upon posting on the Company Sites. All material modifications will apply prospectively only. Your continued use of the Company Sites or the Company Services following any modification of this Agreement constitutes Your acceptance of and agreement to be bound by the Agreement as modified. It is therefore important that You review this Agreement regularly. If You do not agree to be bound by this Agreement and to abide by all Applicable Law, You must discontinue use of the Company Services immediately.  Company shall not be liable to any User, or any third party should Company exercise its right to modify or discontinue any Services provided.  Company reserves the right to modify or discontinue the Services with or without notice.  Once You become a user and establish an account with Company, You shall receive a password and an account.  You must keep Your account and password confidential and are entirely responsible if You do not maintain the confidentiality of Your password and account.  Furthermore, You are entirely responsible for all activities that occur under Your account.  You may change Your password at any time.  You may also set up a new account and close an old one at Your convenience.  You agree to immediately notify Company of any unauthorized use of Your account or any other breach of security known to You.  Many features of Company are available without a paid subscription; however, some features and content may require a paid subscription to access the Service (“Subscriptions”).  Subscriptions are billed either monthly or annually, depending on the type or level of Subscription.  Company may alter the Subscription level terms from time to time, and Your continued use of the service, including and without limitation renew or auto-renewal of Your Subscription, constitutes consent of those changes.  Any violation of these Terms or Subscription Terms may result in the immediate cancellation and non-renewal of Your Subscription.  You must be 18 years of age or older to subscribe or purchase any service, content or product offered by Company.  Company Services are not intended to be used by anyone under the age of 18 without the involvement of a parent or legal guardian. If You are less than 18 years of age and want to make a purchase, please ask a parent or guardian to complete the purchase on Your behalf.  Furthermore, we do not knowingly collect Personal Information from anyone under the age of 18 without permission.  If You are under the age of 13, You ARE STRICTLY PROHIBITED FROM PROVIDING ANY PERSONAL INFORMATION TO THE COMPANY AND ARE NOT PERMITTED TO REGISTER WITH COMPANY.  By using this Service, You represent and warrant that You meet the foregoing eligibility requirements. If You do not meet these requirements, You must not access or use the Service.  You agree that Company, in its sole discretion, may terminate Your password and use of the Services, for any reason, including, without limitation, for lack of use or if Company believes that You have violated or acted inconsistently with the letter or spirit of this Agreement. Your right to use the Service and Content is subject to Your strict compliance with these Terms and the Additional Terms. Your right to access and use the Service and the Intellectual Property shall automatically terminate upon any violations. These rights are non-exclusive, limited, and revocable by us at any time in our sole discretion without advance notice or liability. As Your right to access and use the Service and the content is personal to You and You may not assign nor transfer Your right.  Any attempt to transfer your right becomes void. You may, for Your personal (non-commercial) lawful use display, view, use, and play the Content on a computer, mobile or other internet enabled or permitted device (“Device”) and/or print one copy of the Content (excluding source and object code in raw form or otherwise) as it is displayed to You.  Content may be streamed using any of the widgets and/or other digital streaming internet video players, if any, provided on the Service.  Subject to any applicable Additional Terms, if the Service includes a “Send to Friend,” social media sharing or similar tool that allows You to initiate and send to one or more of Your contacts a communication that includes content, or to post our content to third-party services or Your own site or online service, and the tool is operational, use the tool to do so; provided, however, that You do not do so in any manner that violates applicable law or third-party rights or reflects negativity on us, and only send to recipients You have permission to contact. If the Service includes a “Download” link next to a piece of content (including, without limitation, an image, an icon, a wallpaper, a music track, a video, a trailer, an RSS feed), You may only download a single copy of such content to a single Device.  You may download, install, and use one copy of any software, including apps, that we make available on or through the Service (“Software”) on Your Device in machine-executable object code form only and make one additional copy for back-up purposes; provided, however, that You understand and agree that by allowing You to download the Software, Company does not transfer title to the Software to You.  For example, the medium is owned by You on which the Software is recorded, but the Software’s owner (which may be Company and/or its third-party Software licensor) will retain full and complete title to such Software.  You may not copy, modify, adapt, translate into any language, distribute, or create derivative works based on the Software, except as expressly authorized in these Terms or applicable Additional Terms, without the prior written consent of Company.  You may not assign, rent, lease, or lend the Software to any person or entity and any attempt by You to sublicense, transfer, or assign the Software will be void and of no effect.  You may not decompile, disassemble, reverse engineer, or attempt to reconstruct, identify, or discover any source code, underlying ideas, underlying user interface techniques, or algorithms of the Software by any means whatsoever, except to the extent the foregoing restriction is prohibited by applicable law.  You may obtain a registered personal account (and/or related username and password) on the Service and interact with the Service in connection therewith.  You may link to the Service from a website or other online service, so long as the links only incorporate text, and do not use any Company names, logos, or images.  The links and the content on Your website do not suggest any affiliation with Company or cause any other confusion, and the links and the content on Your website do not portray Company or its products or services in a false, misleading, derogatory, or otherwise offensive manner, and do not contain content that is unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, or that violate any right of any third-party or are otherwise objectionable to Company. Company reserves the right to suspend or prohibit linking to the Service for any reason, in its sole discretion, without advance notice or any liability of any kind to You or any third-party.  Use any other functionality expressly provided by Company on or through the Service for use by users, subject to these Terms (including, without limitation, functionality to create and/or post User Content (as defined below)) and any applicable Additional Terms. These Terms and any applicable Additional Terms include only narrow, limited grants of rights to use and access the Service and Content. No right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise. ALL RIGHTS NOT EXPRESSLY GRANTED TO YOU ARE RESERVED BY COMPANY AND ITS LICENSORS AND OTHER THIRD PARTIES. Any unauthorized use for any purpose is prohibited.

 

3. THIRD PARTY SERVICES.The Services may contain links to third-party websites, services, content, apps, and advertisements for third parties (“Third-Party Services”). We are not responsible for third parties or their Third-Party Services. For instance, portions of the Service may be integrated into or linked to third-party sites, platforms, and apps that we do not control. Similarly, we may make ads and third-party content or services, which we also may not control, available to You on or via our Service. This may include the ability to register or sign into our Services using Facebook Connect or other third-party tools, and to post content on third-party sites and services using their plug-ins made available on our Services. Use caution when dealing with third parties and consult their terms of use and privacy policies. We take no responsibility for Third-party Services. If You are accessing or using the Service through Apple, Android, or any other platform, these are Third-Party Services. You are solely responsible for Your interactions with other users of the Company Sites and the Company Services, providers of Third-Party Services or any other parties with whom You interact on, through or in connection with the Company Services. Company reserves the right, however, has no obligation to become involved in any way with any disputes between You and such parties.

 

4. MODIFICATIONS TO SERVICE, TERMS OF SERVICE, REGISTRATION, ACCESS & SECURITY.Company reserves the right to modify or discontinue the Services with or without notice. Company shall not be liable to any User, or any third party should Company exercise its right to modify or discontinue any Services provided. Company also may change the terms and conditions of this Agreement at any time or from time to time. Changes in the terms and conditions of this Agreement will be incorporated in the Agreement posted at https://www.Grassroots 50.com/terms-of-service. Your continued use of the Services constitutes Your agreement to abide and be bound by this Agreement and any modifications to this Agreement.  Furthermore, by using this site and accepting this Agreement, You agree to be bound by the Company arbitration clause.  Please read it carefully.  You take full responsibility for Your participation on the Site. As a condition of using certain features of the Site, You may be required to register on the Site and/or select a username and password. All registration information You submit to create an account must be accurate and kept up to date. Your failure to do so will constitute a breach of the Agreement, which may result in immediate termination of Your account. You may not (i) select or use as a username a name of another person with the intent to impersonate that person; or (ii) use as a username a name subject to any rights of another person without appropriate authorization. Company reserves the right to refuse registration of, or cancel, a username, in its sole discretion. If we cancel Your registration, You agree that You will not create another one or otherwise try to access the Company Services without our prior written permission. You agree not to sell, transfer, or assign Your registration or any registration rights. It is Your responsibility to notify us of any changes in such information, including but not limited to Your contact information.  You are responsible for maintain the confidentiality of Your password and are responsible for all use of Your account.  You shall not share Your password with anyone.  You agree not to use the username, account, e-mail address or password of another member or subscriber at any time whatsoever.  You will not allow any other person to use Your account at any time and Your account is non-transferable.  If You suspect any unauthorized access or use of Your account or password, You agree to notify Company immediately.

5. PRIVACY POLICY. Company’ Data Protection & Privacy Policyis incorporated by reference in this Agreement as to how Company may collect, process, and use Users’ personal information in relation to the Services provided.

6. CONTENT SUBMITTED TO COMPANY.Company does not claim ownership of the Content or links You place on Your Company page or Company MyEdition^tm portal. Company may quote or reproduce Your Content (if You have made it public), in whole or in part, to promote Your Company page and/or any Company Services. You acknowledge that Company does not pre-screen Content or links, but that Company and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any Content or links that are available via the Services. Your Content may be adapted, transmitted, distributed, published, displayed, or deleted as Company deems fit. Without limiting the foregoing, Company and its designees shall have the right to remove any Content or links that violate this Agreement or is otherwise objectionable. You agree that You must evaluate, and bear all risks associated with, the use of any Content and links, including any reliance on the accuracy, completeness, or usefulness of such Content and links.  User Content may be intercepted by unauthorized parties. If You become aware of any misuse of the Company Services, including in violation of any “Restrictions on Use of Company Services,” please report it immediately to Company.

7. CONTENT OWNERSHIP. The content on Company website, including but not limited to, photos, articles, and site LAYOUT, as well as all logos of Company appearing on Company website (the “Site Content”), are the exclusive property of Company and/and or its affiliates and are protected by copyright and trademark law. Company grants You a non-exclusive license to display the Site Content on Your personal devices. Commercial use of the Site Content is prohibited. Unless stated otherwise on Company website or in these Terms & Conditions, the User will retain copyright ownership and all related rights for information he or she authors and publishes through Company or otherwise enters into Company Services. In exchange for the publishing services provided by Company, the User agrees to grant a perpetual, worldwide, non-terminable license to Company to use all content the User publishes through Company without further permission or remuneration, in original language or in translation, including the right to create derivative works and reuse in other media. Users are not allowed to use Company name in commercial activity without prior written consent of Company. You understand that any business or marketing proposals, suggestions, ideas, endorsements, recommendations, or other such concepts or materials (“Business Submissions”) You provide to us through our Services are not confidential and become our sole property. Company reserves such rights to use, distribute, reproduce, modify, adapt, display, create works from and otherwise utilize such Business Submissions. This means we can use such ideas and materials You provide to us without compensating You, mentioning You, or keeping any such material confidential. Company does not claim any ownership rights in the User Content that You post, upload, e-mail, transmit, or otherwise make available on, through or in connection with the Company Services, except with respect to Your unsolicited submissions, provided however that User Content shall not include any Company Content or content owned by a Company Affiliate.  By posting or transmitting any User Content on, through or in connection with the Company Services, You hereby grant to Company and our Company Affiliates, licensees, assignees, and authorized Users a worldwide, perpetual, irrevocable, non-exclusive, fully-paid and royalty-free, freely sublicensable, transferable (in whole or in part) right (including any moral rights) and license to use, modify, excerpt, adapt, publish, translate, create derivative works and compilations based upon, publicly perform, publicly display, reproduce, sublicense, and distribute such User content, including Your name, voice, likeness and other personally identifiable information to the extent that such is contained  in User Content, anywhere, in any form and on and through all media formats now known or hereafter devised, for any and all purposes including, but not limited to, promotional, marketing, trade or any non-commercial or commercial purposes.  You further agree that Your unsolicited submissions are not being made in confidence and that by making such submissions, no contractual or fiduciary relationship is created between You and Company.  User Content may be intercepted by unauthorized parties. Additionally, Company is free to use any ideas, concepts, knowhow, or techniques contained within such User Content for any purpose whatsoever including, but not limited to, developing, manufacturing, marketing, and providing commercial products and or services, including Company Services.  Company’s use of such User Content shall not require any further notice or attribution to You and such use shall be without the requirement of any permission from or any payment to You or any other person or entity.  You hereby appoint Company as Your agent with full authority to execute any document or take any action Company may consider or deem appropriate to confirm the rights granted by You to Company in this Agreement.

 

8. CONTENT RESPONSIBILITY.We reserve the right to modify and update the Site Content or Services at any time, including to correct errors, inaccuracies, or make other corrections. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. You acknowledge and agree that Company neither endorses the contents of any User comments (“Comments”) or communications nor assumes responsibility for any threatening, libelous, obscene, harassing, or offensive material contained therein, any infringement of third-party intellectual property rights arising therefrom, or any crime facilitated thereby. You agree that Comments provided to Company will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that Your Comments will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than Yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any Comments You make and their accuracy. We take no responsibility and assume no liability for any Comments posted by You or any third-party. Company contains links to websites maintained by third parties. Such links are provided for Your convenience and reference only. Company does not operate or control in any respect and are not responsible for any information, software, products, or services available on such websites. Company’ inclusion of a link to a website does not imply any endorsement of the third-party and/or their services or the site, its contents, or its sponsoring organization. If You decide to access other websites, You do so at Your own risk.  Except as provided for within this Agreement, You understand that You are responsible for all content You post, upload, transmit, e-mail, or otherwise make available on the Company site or on, through or in connection with the Company Services (collectively, “User Content”).  You may not copy, download, stream, capture, reproduce, duplicate, archive, upload, modify, translate, publish, broadcast, transmit, retransmit, distribute, perform, display, sell, make available, or otherwise use any Content contained in the Company Services.  The content on the Company website(s), including but not limited to photos, articles, site layout or logos are the exclusive property of Company and are protected by trademark and copywrite law.  Except as explicitly and expressly permitted by the Company or by the limited license set forth above, You are strictly prohibited from creating works or materials (including but not limited to fonts, icons, link buttons, wallpaper, desktop themes, on-line postcards, montages, mashups or similar videos or other unlicensed merchandise) that derive from, based upon, or are created on the Company Content.  This prohibition applies regardless of whether such derivative works or materials are sold, bartered, or given away.  You may not directly or indirectly, through the use of any device, software, internet site, web-based service or other means, remove, alter, bypass, avoid, interfere with or circumvent any copyright, trademark or other proprietary notice marked on the Content contained in the Company Services or any digital rights management mechanism, device, or other content protection, copy control or access control measure associated with the Content contained in the Company Services, including geo-filtering mechanisms.  Except as necessary to refer to the Company, its services, or products in purely descriptive capacity, You are expressly prohibited from using any Company Content in any manner.  You may not, without the Company’s prior written permission, reproduce or “mirror” any Contents contained on the Site or any other server.  You may not use the Site for any purpose that is unlawful or prohibited by the Agreement.  You may not use the Site in any manner that could damage, disable, overburden, or impar the Site or interfere with any other party’s use and/or enjoyment of Company site(s).  In exchange for the publishing services provided by Company, the User agrees to perpetually grant, worldwide, a non-terminable license to Company to use all content the user publishes through Company without further permission or remuneration, in original language or in translation, including the right to create derivative works and reuse in other media.  Company does not grant permission to Users to use the Company names, Marks or Logos or Brands in commercial activity without prior written consent of Company.  Furthermore, Users may not attempt to gain unauthorized access to the Site through hacking, password mining or any other means.  Company reserves the right, in its sole discretion, to terminate User access to the Site, or any portion thereof, at any time, for any reason or for no reason at all, without prior notice or any notice. 

9. PERSONAL AND NON-COMMERCIAL USE. Company Services are offered and intended solely for Your personal use only and may not be used for commercial purposes. Company may change, suspend, or discontinue the Site (or any feature thereof) at any time. You may not copy Company Services or blog ideas nor download, stream, capture, reproduce, duplicate, archive, upload, modify, translate, publish, broadcast, transmit, retransmit, distribute, perform, display, sell, frame, make available, or otherwise use any Content contained in the Company Services.  The Company Services contain information, text, files, blog ideas, images, videos, sounds, musical works, works of authorship, software, scripts, story lines, applications, product names, fan fiction, drawings, Company names, trade names, logos, ideas, concepts, designs, and any other materials or content (collectively, “Content”) of Company its licensors, or assignors (“Company Content”), as well as Content provided by users or third parties.  Content contained in the Company Services is protected by copyright, trademark, patent, trade secret and other laws and, as between You and Company, Company, its licensors, or its assignors, own and retain all rights in the Company Content.  Company hereby grants You a limited, revocable, non-sublicensable license to access and display or perform the Company Content (excluding any software code) solely for Your persona, non-commercial use in connection with using the Company Services.  Company may also impose limits on certain features and services offered on the Site or restrict Your access to parts (or all) of the Site without notice or liability.  You acknowledge that from time to time the Site may be inaccessible or inoperable for any reason, including, without limitation due to equipment malfunctions, periodic maintenance procedures or repairs which Company may undertake from time to time or cause beyond the control of Company or which are not reasonably foreseeable by Company.   You agree that You will not use the Service for the commercial purpose including, without limitation, for purposes of advertising, soliciting funds, collecting product prices, and selling products.  You will not engage in any activities through or in connection with the Service that seek to attempt to or do harm to any individuals or entities or are unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, or that violate any right or any third-party, or are otherwise objectionable to Company.  You will not decompile, reverse engineer, disassemble, or attempt to reconstruct, identify, or discover any source code, underlying ideas, underlying user interface techniques, or algorithms of the Service by any means whatsoever or modify any Service source or object code or any Software of other products, services, or processes accessible through any portion of the Service.  You will not engage in any activity that interferes with a user’s access to the Service or the proper operation of the Service, or otherwise causes harm to the Service, Company, or other Users of the Service.  You will not interfere with or circumvent any security feature (including any digital rights management mechanism, device or other content protection or access control measure) of the Service or any feature that restricts or enforces limitations on use of or access to the Service, the Content, or the User Generated Content.  You will not harvest or otherwise collect or store any information including personally identifiable information about other users of the Service, including e-mail addresses, without the express consent of such Users or otherwise violate these Terms or any applicable Additional Terms.

10. USER GENERATED CONTENT. Company does not control the User Content posted via the Services by You or other Users and, as such, does not guarantee the accuracy, integrity, or quality of such User Content. You understand that by using the Services, You may be exposed to User Content that is offensive, indecent, or objectionable. You agree to not use the Services to upload, post, or otherwise transmit any User Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or objectionable.  You agree to not harm minors in any way or impersonate any person or entity, including, but not limited to, a Company official, or falsely state or otherwise misrepresent Your affiliation with a person or entity.  User will not solicit or obtain another User’s login credentials to our Services or attempt to use another User’s account without their permission. You will not upload, post, or otherwise transmit any material that You do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements) or upload, post, or otherwise transmit any false or misleading information.  You will not upload, post, or otherwise transmit any material that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party. You will not circumvent the security features of the Services or any related Sites or access any Services or features of the Sites that we have not authorized You to access or interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Services.  You will not intentionally or unintentionally violate any applicable local, state, national, or international law, regulation, or ordinances, including, but not limited to, the regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, and any regulations having the force of law nor promote or provide instructional information about, or solicit others to perform or participate in any illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals.  We reserve the right to terminate any User’s use of Company’ Sites or Services for engaging in any prohibited conduct.  User shall not delete or revise any information provided by or pertaining to any other user of the Company Services or cover, remove, disable, block or obscure advertisements or other portions of the Company Services.  Furthermore, User shall not use technology or any automated system such as scripts, spiders, offline readers, or bots to collect or disseminate usernames, passwords, email addresses or other data from the Company Services, or to circumvent or modify any security technology or software that is part of the Company Services.  You will not upload, post, or otherwise transmit any material such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements.  Company may, but will not have any obligation to, review, monitor, display, post, store, maintain, accept, or otherwise make use of, any of Your User Generated Content (“UGC”), and we may, in our sole discretion, reject, delete, move, re-format, remove or refuse to post or otherwise make use of UGC without notice or any liability to You or any third-party in connection with our operation of UGC venues in an appropriate manner. Company may enhance accessibility of UGC, address copyright infringement and protect Users from harmful UGC, or for other reasons in our discretion. Without limitation, Company may, but do not commit to, do so to address content that comes to our attention that we believe is offensive, obscene, lewd, lascivious, filthy, violent, harassing, threatening, abusive, illegal, or otherwise objectionable or inappropriate, or to enforce the rights of third parties or these Terms or any applicable Additional Terms. Such UGC submitted by You or others need not be maintained on the Service by us for any period of time, and You will not have the right, once submitted, to access, archive, maintain, change, remove, or otherwise use such UGC on the Service or elsewhere. Each time You submit any UGC, You represent and warrant that You are at least the age of majority in the jurisdiction in which You reside and are the parent or legal guardian, or have all proper consents from the parent or legal guardian, of any minor who is depicted in or contributed to any UGC You submit, and that, as to that UGC, (i) You are the sole author and owner of the Intellectual Property and other rights to the UGC, or You have a lawful right to submit the UGC and grant Company the rights to it that You are granting by these Terms and any applicable Additional Terms, all without any Company obligation to obtain consent of any third-party and without creating any obligation or liability of Company; (ii) the UGC is accurate; (iii) the UGC does not and, as to Company’ permitted uses and exploitation set forth in these Terms, will not infringe any Intellectual Property or other right of any third-party; and (iv) the UGC will not violate these Terms or any applicable Additional Terms, or cause injury or harm to any person. Company has no obligation to monitor or enforce Your Intellectual Property rights to Your UGC, but You grant us the right to protect and enforce our rights to Your UGC, including initiating actions in Your name and on Your behalf (at Company’ cost and expense, to which You hereby consent and irrevocably appoint Company as Your attorney-in-fact, with the power of substitution and delegation, which appointment is coupled with an interest). We may from time-to-time issue Community Guidelines (“Rules”) to govern the use of the Service’s online communities (“Communities”). At minimum, Your participation in the Communities is subject to all Terms, including any applicable Rules. If You submit UGC that we reasonably believe violates these Terms of the Rules, then we may take any legally available action that we deem appropriate, in our sole discretion. However, we are not obligated to take any action not required by applicable law. We may require, at any time, proof of the permissions referred to above in a form acceptable to us. Failure to provide such proof may lead to, among other things, the UGC in question being removed from the Service.

 

11. COMMUNITY GUIDELINES. Company, in its sole discretion without advance notice or liability, may immediately suspend or terminate the availability of the Service and/or Content, in whole or in part, for any reason, in Company’s sole discretion, and without advance notice or liability. You understand that all information, data, links, text, software, music, sound, photographs, graphics, video, messages, or other materials posted by a User (“User Content”), whether publicly posted or privately transmitted, are the sole responsibility and property of the person from which such User Content originated. This means that You, and not Company, are entirely responsible for all User Content that You upload, post, or otherwise transmit via the Services. Relatedly, You acknowledge that all material uploaded, posted, provided, or otherwise transmitted via the Services by Company, other Users, or by third parties remain the property of Company, the other Users or of those third parties, respectively, and that You may make no claim of ownership to such material.You also agree that, in using the Service, You will not monitor, gather, copy, or distribute the Content on the Service by using any robot, rover, “bot”, spider, scraper, crawler, spyware, engine, device, software, extraction tool, or any other automatic device, utility, or manual process of any kind. You will keep intact all Trademark, copyright, and other Intellectual Property and other notices contained in such content and will not use such content in a manner that suggests an unauthorized association with any of our or our licensors’ products, services, or brands.  You will not make any modifications to such content other than to the extent of Your specifically permitted use of the Company Licensed Elements, if applicable and will not copy, modify, reproduce, archive, sell, lease, rent, exchange, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate or transfer to any third-party or on any third-party application or website, or otherwise use or exploit such content in any way for any purpose except as specifically permitted by these Terms or any applicable Additional Terms or with the prior written consent of an officer of Company or, in the case of content from a licensor, the owner of the content.  You will not insert any code or product to manipulate such content in any way that adversely affects any user experience or the Service.  You will not engage in commercial activity including but not limited to advertisements or solicitations of business; sales; contests; sweepstakes; creating, recreating, distributing, or advertising an index of any significant portion of the Company Content; or building a business using the Company Content without Company’s prior written permission.

12. COMPANY SERVICES. You understand that You are responsible for all Content that You post, upload, transmit, e-mail, or otherwise make available on the Company Sites or on, through or in connection with the Company Services (collectively, “User Content”). Additionally, You acknowledge that You have no expectations of privacy in or confidentiality with respect to Your User Content.  Company grants User a non-exclusive license to display the Site Content on Your personal devices.  Unless stated otherwise on Company website or within this Agreement, the User will retain copyright ownership and all related rights for information he or she authors and publishes through Company or otherwise uses Company Services.  In exchange for the publishing services provided by Company, the User agrees to grant a perpetual, worldwide, non-terminable license to Company to use all content the User publishes through Company without further permission or remuneration, in original language or in translation, including the right to create derivative works and reuse in other media.  No User shall interfere with, damage, disable, disrupt, impair, create and undue burden on, or gain unauthorized access to the Company Services.  User shall not use the Company Services to advertise or promote competing services.  You understand that any business or marketing proposals, suggestions, ideas, endorsements, recommendations, or other such concepts or materials (“Business Submissions”) You provide to us through our Services are not Confidential and become our sole property.  Company reserves such rights to use, distribute, reproduce, modify, adapt, display, create works from and otherwise utilize such Business Submissions.  You agree that we can use such ideas and materials You provide to us without compensating You, mentioning You, or keeping any such material confidential.  You understand that all information, data, links, text, software, music, sound, photographs, graphics, video, messages, or any other materials posted by a User (“User Content”), whether publicly posted or privately transmitted, are the sole responsibility and property from which such User Content originated.  Company reserves the right, but disclaims any obligation or responsibility, to remove User Content that violates this Agreement, as determined by Company, or for any other reason, in Company’s sole discretion and without notice to You. Company reserves the right to investigate and take appropriate legal action against anyone who, in Company’s sole discretion, violates this Agreement, including but not limited to, terminating their User account and/or reporting such User Content, conduct, or activity to law enforcement authorities.  Company does not control the User Content posted via the Services by You or other Users and, as such, does not guarantee the accuracy, integrity, or quality of such User Content.  You understand that by using the Services, You may be exposed to User Content that is offensive, indecent, or objectionable. You acknowledge, consent and agree that Company may access, preserve or disclose information You provide to the Company Sites, including User content and Your account registration information, including when Company as a good faith belief that such access, preservation or disclosure is necessary in order to; (i) protect, enforce, or defend the legal rights, privacy, safety, or property of Company, or parents, subsidiaries or affiliates (“Company Affiliates”), or their employees, agents and contractors (including enforcement of this Agreement or our other agreements); (ii) protect the safety, privacy, and security of Users of the Company Services or members of the public including in urgent circumstances; (iii) protect against fraud or for risk management purposes; (iv) comply with the law or legal process; or (v) respond to requests from public and government authorities.  If Company sells all or part of its business or makes a sale or transfer of its assets or is otherwise involved in a merger or transfer of all or a material part of its business, Company may transfer Your information to the party or parties involved in the transaction as part of that transaction.  Company reserves the right to limit the storage capacity of User Content.  You assume full responsibility for maintaining backup copies of Your User Content, and Company assumes no responsibility for any loss of Your User Content due to its being removed by Company or for any other reason.  The Company Site may offer Users the ability to post messages on forums, message boards, bulletin boards, chat rooms, e-mails, Forums, and other interactive areas as part of the Company Services (collectively, “Forums”), which may be available to the general public, to all Users or members of the Company Sites, or to select groups of Users or members or to a specific Forum group.  You acknowledge that all Content posted on Forums is User Content, and by posting on Forums, You agree to comply with the rules and restriction on User Content set forth within this Agreement and any other rules specifically applicable to such Forums.  Company reserves the right, but disclaims any obligation or responsibility, to prevent You from posting User content to any Forum and to restrict or remove Your user Content from a Forum or refuse to include Your user content in a Forum for any reason at any time, in Company’s sole discretion and without notice to You.  You acknowledge that messages posted on such Forums are deemed public, and Company cannot guarantee the security of any information You disclose through any Forum; You make such disclosures at Your own risk.  Company is not responsible for the content or accuracy of any information posted on a Forum and shall not be responsible for any decisions made based upon such information. Company reserves the right, but not the obligation, to review Your Promotions as they appear on our Sites and Services. You agree that Company, in its sole discretion and at any time, may demand changes to product promotion and delivery pages, customer support, or other items related to the content of Your Promotions. Company may remove Your Promotion at any time from its Service by refunding any fees paid for that Promotion. You will provide valid contact information, including but not limited to a working email address, where Company can send inquiries and receive a non-automated reply by end of the following business day. Company does not guarantee, or assume any responsibility or liability for, the accuracy, completeness, efficacy, or timeliness of any such information, nor is it responsible for any bonuses, prizes, or other incentives offered in any Promotions. Your use of any information presented by Company does not guarantee, or assume any responsibility or liability for, the accuracy, completeness, efficacy, or timeliness of any such information, nor is it responsible for any bonuses, prizes, or other incentives offered in any Promotions. Your use of any information presented by a Promoter is strictly at Your own risk. In no event shall Company have any liability for Your purchase or use of a Product or Service Promoted on Company and   promotion is voluntary.  Your reliance is at Your own risk. Company does not independently review or verify information provided in any Promotion for accuracy, completeness, efficacy, or timeliness. You acknowledge and understand that Company does not verify statements, claims, incentives, or promotions made by Promotions.  We reserve the right to delete Promotions at our sole discretion without previous notice to User.

 

13. PAYMENTS, SUBSCRIPTION FEES, REFUNDS AND TERMINATION.  In connection with a purchase of any service, subscription, or product on the Company Sites (“Site Product”), You may be required to provide personal information, including Your name, address, telephone number, e-mail address, credit card and billing information (collectively, “Personal Financial Information”), to an independent third party selected by, but not affiliated with, Company (the “Processor”). Where the Processor is responsible for collecting, transmitting and/or processing Your Personal Financial Information and, in some instances, for fulfilling Your order, all payment obligations for Site Products shall be governed by the terms of use/service and privacy policy(ies) of the Processor. If You make a purchase from the Company Sites, You are warranting that You are authorized to make the purchase using the form of payment that You provide to the Processor. Company makes no warranty and accepts no liability for any loss or damages whatsoever, relating to or in connection with Your placement of an order for a Site Product with the Processor. Company provides no refunds for, makes no warranty for, and to the fullest extent provided by law, accepts no liability regarding purchases You make on the Company Sites. You are solely responsible for all transactions utilizing Your Personal Financial Information, including, but not limited to, all charges. You acknowledge and agree that, to the fullest extent permitted by law, in the event Processor experiences a data breach that affects Your Personal Financial Information, Company will in no way be responsible or liable to You for any such breach. The Company will not store any record of Personal Financial Information related to purchases or other transactions You make through the Company Services. You should therefore maintain records of all Your transactions. If You have any questions regarding Your transactions or believe that there is an error or unauthorized transaction or activity associated with transactions utilizing Your Personal Financial Information, You must contact the Processor. Subscription fees will be billed at the beginning of Your subscription and any renewal. As part of registering or submitting information to purchase a Subscription Paid Services, You authorize Company to either directly or through its affiliates, subsidiaries or other third parties to request and collect payment or charge, refund or take any other billing actions from our payment provider or Your designated banking account.  You authorized Company to make any inquiries Company, or its affiliates may consider necessary to validate Your designated payment account or financial information, to ensure prompt payment, including for the purpose of receiving updated payment details from Your payment, credit card or banking account provider. If there is a charge associated with Your subscription or a portion of the Services, You agree to pay that charge. The price stated for the Services excludes all applicable taxes and currency exchange. You are solely responsible for paying such taxes or other charges. Taxes are calculated based on Your location at the time Your account was registered. We may suspend or cancel the Services if we do not receive an on time, full payment from You. Suspension or cancellation of the Services for non-payment could result in a loss of access to and use of Your account and its content. Connecting to the internet via a corporate or other private network that masks Your location may cause charges to be different from those displayed for Your actual location.  By providing Company with a payment method, You represent that You are authorized to use the payment method You provided and that any payment information You provide is true and accurate and authorize Company to charge You for the Services You choose to sign up for or use while these Terms are in force.  We may bill You in advance, at the time of purchase, shortly after purchase or on a recuring basis for subscription Services.  Also, we may charge You up to the amount You have approved, and we will notify You in advance of any change in the amount to be charged for recurring subscription Service.  We may also bill You at the same time for more than one of Your prior billing periods for amounts that haven’t previously been processed.  You agree to pay the charges for a Service, You will be asked to provide a payment method at the time You sign up for that Service.  Additionally, You agree to permit Company to use any updated account information regarding Your selected payment method provided by Your issuing bank or the applicable payment network.  You agree to promptly update Your account and other information including Your e-mail address and payment method details, so we can complete Your transactions and contact You as needed in connection with Your transactions.  Company will provide You with advance notice of any such fees, including any change in the amount of such fees, and a way to cancel Your account or subscription in the event You do not wish to pay any modified fee.  If You continue to use the Company Services after a Subscription fee has been imposed or increased, You are hereby expressly agreeing to the subscription fee or modified increase thereto, and You will be responsible for paying such subscription fee for the remainder of Your subscription.  If Company suspends or terminates Your account and/or any access to Company Services because You have breached the Agreement or violated Applicable Law, You WILL NOT be entitled to a refund of any unused portion of such fees or payments.  YOU ACKNOWLEDGE AND AGREE THAT WE MAY SUBMIT CHARGES WITHOUT FURTHER AUTHORIZATION FROM YOU UNTIL YOU PROVIDE PRIOR NOTICE (RECEIPT OF WHICH IS CONFIRMED BY US) THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. YOU ALSO REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT TO USE ANY CREDIT CARD THAT YOU SUBMIT IN CONNECTION WITH A TRANSACTION.  Company may increase the price of Subscriptions at any time; however, we will give You at least thirty (30) days advance notice of any price increase. This advance notice will give You an opportunity to cancel Your Subscription before the price increase goes into effect in the following billing cycle. If You do not cancel Your Subscription before the price increase goes into effect, You will be deemed to have agreed to the price increase. Your Subscription may begin with a free trial. If this is the case, we will begin charging You for Your Subscription at the end of the free trial period and the date of such charge will be considered Your purchase date for purposes of calculating any renewals of Your Subscription. To avoid being charged, You must cancel Your Subscription before the end of the free trial period.  Company may issue promotional codes from time to time. If You use a valid promotional code to obtain a Subscription, such code only applies to the period identified in the Additional Terms provided with the promotional code. Promotional codes may not be applied to renewal periods of existing Subscriptions. Please carefully review the Additional Terms provided with the promotional code before use. Promotional codes do not apply to gift membership purchases or membership upgrades, unless otherwise provided. YOUR SUBSCRIPTION WILL BE RENEWED AUTOMATICALLY, AND YOU WILL BE CHARGED IN ADVANCE OF EACH BILLING CYCLE UNLESS YOU CANCEL PER THE TERMS OF THIS AGREEMENT. Company RESERVES THE RIGHT IN ITS SOLE DISCRETION NOT TO RENEW YOUR SUBSCRIPTION.  For all subscriptions, You must cancel Your subscription before it renews to avoid billing of subscription fees for the renewal term to Your credit card or other acceptable payment method.

When You purchase the Services on a subscription basis (trial, monthly, every 3 months or annually), You agree that You are authorizing recurring payments, and payments will be made to Company by the method and at the recurring intervals You have agreed to, until the subscription for that Service is terminated by You or by Company. You must cancel Your Services before the next billing date to stop being charged to continue Your Services. By authorizing recurring payments, You are authorizing Company to store Your payment instrument and process such payments. Subscription fees are generally charged in advance of the applicable subscription period. If any payment is returned unpaid or if any credit card or similar transaction is rejected or denied, Company reserves the right to collect any applicable payment, return item, rejection, or insufficient funds fee.

 

If you are on a Subscription, You may cancel Your Subscription anytime by accessing Your account online at www.Grassroots 50.com/unsubscribe. You will find a “cancellation request form” to be populated requesting Your cancellation.  You must specify the email address used for the account and clearly indicate that You want to cancel Your Subscription. Company reserves the right to issue or not issue refunds or credits at our sole discretion. All purchases are final and non-refundable. You may notify Company of Your intent to terminate Your Account at any time; Your cancellation will become effective at the end of Your current billing period and no future payments will be charged. No full nor partial refunds will be issued for the days between the termination and the end of the current billing period; there will be no exception. However, Your use of the Services and benefits will continue for the remainder of the current billing period unless You request an immediate termination. If You believe Company has charged You in error, You must contact us within 30 days of such charge. No refunds will be given for any charges more than 30 days old. If we elect to issue a refund or credit, we are under no obligation to issue the same or similar refund in the future.

14. PROMOTING PRODUCTS ON COMPANY SITE. If You register with Company or create an account, You are solely responsible and liable for the security and confidentiality of Your access credentials and for restricting access to Your Device including all activity under Your account. You are solely responsible for Your registration information and for updating and maintaining it. All usernames and passwords must be personal and unique that do not violate the rights of any person or entity and is not offensive. We may reject the use of any password, username, or email address for any reason in our sole discretion.  Any unauthorized use of Your account, password, or username, or any other breach of security must be noticed to Company immediately.  You will remain responsible for any unauthorized use thereafter. You will not sell, transfer, or assign Your account or any account rights. We do not review accounts for authenticity and are not responsible for any unauthorized accounts that may appear on the Service. For any dispute as to account creation or authenticity, we shall have the sole right, but are not obligated, to resolve such dispute as we determine appropriate, without notice.  No unsolicited bulk messages or other unsolicited bulk communications of any kind shall be sent through the Company Services. Company may offer certain features and services via Your wireless Device. Features and services may include the ability to access the Service’s features, upload content to the Service, receive messages from the Service, and download applications to Your wireless Device (collectively, “Wireless Features”). You agree to receive communications we may send through Wireless Features for which You are registered. Further, we may collect information related to Your use of the Wireless Features. If You have registered via the Service for Wireless Features, then You agree to notify Company of any changes to Your wireless contact information (including phone number) and update Your accounts on the Service to reflect the changes. If the Service includes push notifications or other mobile communication capability, You hereby approve our delivery of electronic communications directly to Your mobile Device. These notifications, including badge, alerts, or pop-up messages, may be delivered to Your Device even when the Service is running in the background. You may have the ability, and it is Your responsibility, to adjust the notifications You do, or do not, receive via Your Device through Your Device and/or App settings. Standard message, data and other fees may be charged by Your carrier, and carriers may deduct charges from pre-paid amounts or data allowances for which You are responsible. Your carrier may prohibit or restrict certain Wireless Features and certain Wireless Features may be incompatible with Your carrier or wireless Device. Contact Your carrier with questions regarding these issues.  If You provide Your mobile phone number to us, we may ask for Your consent to receive text message alerts from Company containing product, event, or promotional information in a text or SMS message (“Text Messages”). Your consent to receive Text Messages is not required to purchase goods or services from us. Company may offer programs that will allow users to receive SMS/MMS mobile messages by users affirmatively opting into the program, such as through online enrollment forms or by texting a keyword. Regardless of the opt-in method You utilized to join the program, You agree that these Terms apply to Your participation in the program. By opting-in, You consent to receiving recurring mobile messages from multiple long codes or any successor short code used by Company. By participating in such program, You agree to receive autodialed marketing mobile messages. Without limiting the scope of a Text Messages program, users that opt into the program can expect to receive messages concerning Company including our goods and services. Message and data rates may apply. The Program may involve mobile messages, and additional mobile messages may be sent based on Your interaction with Company.  Carriers are not liable for delayed or undelivered messages. Additional terms regarding Text Messages will apply—please review the applicable terms carefully when You provide Your mobile phone number. If You consented to receiving promotions or advertising via Text Message, You can unsubscribe from receiving Text Messages at any time.

15. ADVERTISEMENTS AND PROMOTIONS. Company runs advertisements and promotions on Company Site pages. By creating a personalized, unique or infiidualized page(s) (“Personal Page”) on Company site, You agree that Company has the right to run such advertisements and promotions.  You also agree that You will not attempt to block or otherwise interfere with advertisements displayed on Your Personal Page by any means.  The manner, mode, and extent of advertising by Company on any Company page is subject to change at any time.  Company is not responsible for the content of any advertisement appearing on the Sites or via the Services.  Your correspondence of business dealings with, or participation in promotions of, advertisers found on or through the Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between You and such advertiser(s).  You further agree that Company and Company shall not be responsible or liable for any loss or damage of any sort incurred due to any such dealings or as the result of the presence of such advertisers on the Services.

 

16. COPYRIGHT AND TRADEMARKS.Grassroots50, the Grassroots50 logo, and other Company marks, graphics, logos, scripts, and sounds are trademarks of Company. None of the Company trademarks may be copied, downloaded, or otherwise exploited. Website copyright notice: Copyright (c) 2022 Grassroots 50 All rights reserved. This website is the copyrighted property of Company and various third-party providers and distributors (“Suppliers”).  Grassroots50, Grassroots50.com, 50Grassroots.com and Grassroots 50.net are service marks of Company.  Other product, services and Company names used on this website are registered and common law trademarks of their respective owners.  Nothing contained on this website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of such trademarks for any use whatsoever.  Unauthorized use of these websites and/or the materials contained on these sites may violate applicable copyright, trademark or other intellectual property laws or other laws.  You must retain and abide by all copyright and trademark notices, including any other proprietary notices, contained in the materials, and You must not alter, obscure, or obliterate any such notices. Company, the Company logo, and other Company marks, graphics, logos, scripts, and sounds are trademarks of Company. The content on Company website, including but not limited to, photos, articles, and site layout, as well as logos of Company appearing on Company website are the exclusive property of Company. You acknowledge and agree that the Services and any necessary software used in connection with the Services (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to You through the Services or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Company or advertisers, You agree not to modify, rent, lease, loan, sell, distribute, re-distribute, or create derivative works based on the Services or the Software, in whole or in part.  You represent and warranty that You own the User Content transmitted by You on, through or in connection with the Company Services, or otherwise have the right to grant the license set forth in this Section, and the Transmission of User Content by You on, through or in connection with the Company Services and Third Party Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity.  Company does not claim any ownership rights in the User Content that You post, upload, e-mail, transmit, or otherwise make available on, through or in connection with the Company Services, except with respect to Your unsolicited submissions, as described under “Unsolicited submissions” below; provided, however, that User Content shall not include any Company Content or content owned by a Company Affiliate.  You agree to pay for all royalties, fees, and any other monies owing any person or entity by reason of the use of any User Content Transmitted by You on or through the Company Services or Third-Party Services.  If You delete Your User Content from the Company Sites, to the extent that Company made use of Your User Content prior to You deleted it, Company will retain the perpetual right to make such pre-existing uses even after Your user Content is deleted.  You further acknowledge that deletion of Your User Content from the Company Sites will NOT result in, and Company assumes no responsibility for, the deletion of such User Content by any third parties who were provided with or had access to such User Content prior to Your deleting it from the Company Sites, and termination of Your account or Your use of the Company Services will not result in the immediate or automatic deletion of Your user Content consistent with this Agreement. If You promote, market, or otherwise advertise (“Promote” or a “Promotion”) any product or service via any online or offline channel or medium for the purpose of earning a percentage of the sale price of any product or service (“Product”) sold because of such Promotion (“Commissions”), You agree, acknowledge, represent and warrant that You will not suggest or imply any endorsement by Company, its parents, Affiliates, contributors, or sponsors for the Product.  You will not make any unlicensed or unauthorized use of or otherwise infringe or misappropriate any materials protected by any patent, copyright, trademark, trade secret, right of privacy, right of publicity or other intellectual property or other proprietary right (“IP Rights”). You will not interfere with Company’ tracking of visits, page views, click throughs, or with the normal flow of traffic to, through, or from Company Services.  All communications and/or representations made by You in connection with any Promotions and/or in relation to any Product will be accurate and contain all disclosures and disclaimers necessary to prevent such Promotions from being false, misleading, or deceptive.  Such disclosures and disclaimers must be made in a precise, clear, and conspicuous manner, and will in all events comply with Your country’s laws and all Federal and state laws, including U.S. Federal Trade Commission (“FTC”) regulations, policies and guidelines governing advertising, disclosure, and consumer protection, including the FTC’s endorsement rules.  You will not offer, imply, or suggest the availability of any rebates, coupons, vouchers, tickets, barters, or other similar incentives to induce or encourage the purchase of a Product.

17. REMOVAL OF MATERIAL THAT INFRINGES COPYRIGHTS OR REGISTERED TRADEMARKS. Company may terminate Users, subscribers and account holders of Company services who are repeat infringers. Company further reserves the right to remove, disable or forbid access to any transmission of Content that infringes the copyright of any person or entity under the laws of the Unites States upon receipt of a notice that substantially complies with requirements of 17 U.S.C. § 512(c)(3) as set forth above.  If You believe that any material residing on or linked to from Company Services infringes Your copyright or registered trademark, You must send Company’s designated Copyright Agent a written notification of claimed infringement that contains substantially all of the following information; (a) identification of the copyrighted work claimed to have been infringed upon, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (b) identification of the claimed infringing material on the Company Services (such as the URL’s) of the claimed infringing material); (c) information reasonably sufficient to permit us to contact You including phone number, address and e-mail address; (d) a good faith statement of facts You believe that the disputed use is not authorized by the copyright owner, its agent, or the law including a statement by You that the above information in Your notification is accurate and a statement by You, made under penalty of perjury, that You are the owner of an exclusive right that is allegedly infringed or are an authorized agent to act on the owner’s behalf to include Your physical or electronic signature.  Please send e-mail to Company’s legal department at legal@Grassroots50.com.  If You posted material to Company services that Company removed due to a notice of claimed infringement from a copyright owner, Company will take reasonable steps promptly to notify You that the material has been removed or disabled.  This notice may be by means of a general notice on the Company Sites or by written or electronic communications to such address(es) You have provided to Company.  If You do not agree with the notice, You may provide a counter-response to such notification and sent to Company in written form to include substantially all of the following (i) identification of the material and proof that the material has been disabled or removed and the location at which the material appeared prior to its removal or access to it was disabled; (ii) a written statement from You, under penalty of perjury, that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; (iii) Your name, address, telephone number, and a statement that You consent to the jurisdiction of the Federal District Court for the judicial district in which Your address is located, or if Your address is outside of the United states, for any judicial district in which Company may be found, and that You will accept service of process from the person who provided notification requesting the removal or disabling of access to the material or such person’s agent; and (iv) Your physical or electronic signature.  Please note that, under 17 U.S.C. §512(f), any person who knowingly makes material misrepresentations in a notification of claimed infringement or any counter-notification may be liable for damages.

18. THIRD PARTY LINKS AND SERVICES. The Company Services may provide, or third parties may provide, certain links to other websites, resources, applications, or other services created by third parties (“Third Party Services”). When You engage with a Third-Party Service, You are interacting with the third party, not with Company.  If You choose to use a Third-Party Service and share information, intellectual property or trade secrets with it, the provider of the Third-Party Service may use and/or share Your data and information in accordance with its privacy policy and Your privacy settings on such Third-Party Service.   Company encourages You NOT to provide any confidential or personally identifiable information to or through such Third-Party Service unless You are familiar and comfortable with the party with whom You are interacting and sharing such information or data.  In addition, the provider of the Third-Party Service may use other parties to provide portions of such application or service to You including technology, development, or payment services.  Company is not responsible for any Third-Party Services and makes no warranties, express or implied whatsoever.  Inclusion of any Third-Party Service or a link thereto on the Company Services does not endorse or imply approval of the Third-Party Service.  Company shall not be responsible for the content or practices of any websites other than the Company Sites, even if the website links to the Company Sites and even if it is operated by a Company Affiliate or any Company otherwise connected with Company Sites.  By using the Company Services, You acknowledge and agree that Company in no way is responsible or liable to You for any content or other materials hosted and served from ANY website other than Company Sites.  If You access Third-Party Services, You do so at Your own risk!

19. LIMITATION ON LIABILITY. Company shall not be liable for any direct, indirect, incidental, special, or consequential damages resulting from the use or the inability to use the Services of Company, even if the User has been advised of the possibility of such damages. To the fullest extent permitted by applicable law, in NO EVENT shall Company or any of its Affiliates, parents, or their respective Officers, Directors, attorneys, employees or agents be liable for any damages of any kind, including, but not limited to, indirect, special, punitive, incidental, exemplary or consequential damages, and including, without limitation, lost profits, lost savings and lost revenues, even if Company has been previously advised of the possibility of such damages, whether in an action under contract, negligence or any other theory, arising out of or in connection with the service, content, licensed elements, user content, or our other products and services.  Notwithstanding anything to the contrary contained herein, to the fullest extent permitted by applicable law, Company’s liability to You for any cause whatsoever and regardless of the form of the action, shall be limited in all events to the amount paid, if any, by You to Company for Company Services during the term of Your use of the Company Services.  To the fullest extent permitted by applicable law, Company will not be liable to You or any Third-Party for any damages other than the amount paid, if any by You to Company for Company Services, including any other general, direct, indirect, compensatory, consequential, exemplary, incidental, special, or punitive damages, and including, without limitation, lost profit damages arising from Your use of inability to use the Company Services.  You acknowledge and agree that any damages You incur arising out of Company’s acts, inactions, or omissions or Your use of the Company Services are not irreparable and are insufficient to entitle You to an injunction or other equitable relief restricting the availability of or any person’s ability to access any portion of Company, its Affiliates or other Company websites or Services.  THE LIMITATIONS IN THIS SECTION APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.

20. INDEMNITY. You agree to indemnify and hold Company, and its subsidiaries, Affiliates, Officers, Directors, agents, and employees harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of Your Content or links, Your use of the Services, Your violation of this Agreement, or Your violation of any rights of another.

21. TERMINATION. Unless terminated by Company in its sole discretion, this Agreement shall remain in full force and effect while You use the Company Services. You may terminate Your account on the Company site at any time, for any reason, subject to the Terms of this Agreement by e-mailing subsriptions@Grassroots50.com.  Company may terminate Your account and/or the Company Services at any time, for any reason or for no reason with or without prior notice or explanation and shall have no liability to You for such termination whatsoever.  Even after Your user account or access to the Company Services is terminated by You or by Company, this Agreement shall remain in effect with respect to Your past and future use of the Company Sites or the Company Services.  If You terminate a “trial subscription”, the Services subscribed to will terminate immediately. If You are a resident of California, Colorado, Delaware, Illinois, Maine, New York, Vermont, and Washington DC, You may cancel Your subscription online at any time. All rights to Your account shall terminate upon Your death. 

22. DISCLAIMER OF WARRANTIES. USER EXPRESSLY AGREES THAT THE USE OF THE SERVICE IS AT USER’S SOLE RISK. To the fullest extent permitted by applicable law, the Company and their direct and indirect parents, subsidiaries, affiliates, and each of their respective employees, directors, members, managers, shareholders, agents, vendors, licensors, licensees, contractors, customers successors and assigns (collectively “Company Parties”) hereby disclaim and make no representations, warranties, endorsements or promises, express or implied, in connection with, or otherwise directly or indirectly related to without limitation, the Service, Content or other Company products or Services. The Service is provided on an “As-Is” and “As-Available” basis.  Company expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.  Company makes no warranty that the Service will meet Your requirements, or that the Service will be uninterrupted, timely, secure, or error free; nor makes any warranty as to the results that may be obtained from the use of the Services or as to the accuracy or reliability of any information obtained through the Services or that defects in the software will be corrected.  User understands and agrees that any material and/or data downloaded or otherwise obtained via use of the Services is done at User’s own risk and discretion and that User will be solely responsible for any damage to User’s computer system or loss of data that results from the download of such material and/or data.  Company makes no warranty regarding any goods or Services purchased or obtained through the Services or any transactions entered into through the Services.  No advice or information, whether oral or written, obtained by User or through the Services shall create any warranty not expressly made herein.  Some jurisdictions do not allow the exclusion of certain warranties, so exclusions may not apply to You.

23. NOTICE. All notices to a party shall be in writing and shall be made either via e-mail, certified, conventional, or express mail service depending upon the severity of the notice. Company may distribute notices or messages through the Services to inform User of changes to this Agreement, the Services, or other matters of importance; such distribution shall constitute perfected notices to User.

24. SEVERABILITY. In the event any of the provisions of these Terms shall be held by a court of competent jurisdiction to be invalid or unenforceable, the remaining portion here of shall remain in full force and effect and such a provision shall be enforced to the maximum extent possible so as to affect the intent of the parties and shall be reformed to the extend necessary to make such provisions valid and enforceable.

25. INJUNCTIVE RELIEF. You acknowledge that a violation or attempted violation of this Agreement will cause irreparable damage to Company, the exact amount of which would be difficult to ascertain and for which there will be no adequate remedy at law. Accordingly, You agree that Company shall be entitled as a matter of right to an injunction issued by any court of competent jurisdiction, retraining such violation or attempted violation of these Terms and Conditions by You, or Your affiliated, partners, or agents, as well as recover from You any and all costs and expenses sustained or incurred by Company in obtaining such an injunction, including but not limited to attorneys’ fees.  You agree that no bond or other security shall be required in connection with such injunction.

26. JURISDICTION AND LAW. This Agreement shall be governed by and construed in accordance with the laws of the state of Arizona. The Terms and any applicable Additional Terms, Disputes, and any other claim brought by You against Company, or Company against you related to Services or Content shall be governed accordingly. You and Company agree to submit to the exclusive personal and subject matter jurisdiction and venue of the courts located within Arizona. Company provides the Company provides the Company Services in the United States of America. Company does not represent that the Company Content or the Company Services are appropriate (or, in some cases, available) for use in other locations.  If You use the Company Sites or the Company Services from a jurisdiction other than the United States, You agree that You do so of Your own choice, and You are responsible for complying with local laws as applicable to Your use of the Company Sites or the Company Services.  Some Services may not be available worldwide or nationwide, and Company makes no representation that You will be able to obtain any Services within a particular jurisdiction, either within or outside of the United States.

 

27. ARBITRATION AND CLASS ACTION WAIVER. Company, including its Company Affiliates, direct and indirect parents, subsidiaries, affiliates, and each of their respective employees, directors, members, managers, shareholders, agents, vendors, licensors, licensees, contractors, predecessors in interest, successors and assigns (collectively “Company Parties”), and You agree that any Dispute (as defined herein) between you and Company, regarding any aspect of Your relationship with Company, will be resolved in a binding, confidential, individual, and fair, arbitration process, and not in court. EACH OF YOU AND COMPANY AGREES TO GIVE UP THE RIGHT TO SUE IN COURT.  You and Company agree to maintain the confidential nature of the arbitration proceeding and shall not disclose the fact of the arbitration, any documents exchanged, proceedings of the arbitration, the arbitrator’s decision, and the existence or amount of any award shall be kept confidential and not disclosed. The term “Dispute” shall include any dispute, claim, demand, count, cause of action, or controversy between You and Company, whether based in contract, statue, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, negligence, or any other intentional tort), or any other legal or equitable theory.  A Dispute shall also include, but is not limited to, any disputes, actions, claims, or controversies between You and the Company that arise from or in any way relate to or concern any Content, Products or Services provided by Company including but not limited to Company Services, this Arbitration Agreement, any other aspect of these Terms of Service or Use, any billing disputes and any disputes relating to telephonic, text message, or any other communications either Company or User received from the other.  Each of You and Company also agree to give up the ability to seek to represent, in a class action or otherwise, anyone but each of You and Company.  This Arbitration Agreement shall be governed by JAMS Comprehensive Arbitration Rules and Procedures. An Arbitrator must follow this Arbitration Agreement.  This Arbitration Agreement shall survive termination of the Terms of Service and Use Agreement.  If either You or Company wish to arbitrate a claim, You or Company must first send by certified mail to the other a written Notice of Dispute (“Notice”) that sets forth the name, address, and contact information of the party giving notice, the specific facts giving rise to the Dispute, the Company Service to which the Notice relates, and the relief requested.  Your notice to the Company must be sent by certified mail to:  RM Artists Consluting, LLC. 5813 E. Lewis Ave, Scottsdale, Arizona 85257.  You and Company may bring claims against the other only in Your or Its individual capacity, and not as a plaintiff or class member in any purported class, representative or multi-claimant proceeding, and the arbitrator shall have no power to award class-wide relief. The Arbitrator may award injunctive or declaratory relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim, only as permitted by applicable law as permitted by these Terms of Service and Use.  The Arbitrator shall have no authority to award punitive, exemplary, multiplied, or consequential damages or any other relief not allowed under this Arbitration Agreement.  If any part of this Arbitration Agreement is deemed invalid, unenforceable, or illegal, then the balance of this Arbitration Agreement shall remain in full effect and be construed in accordance with its Terms as if the invalid, unenforceable, or illegal provision were not contained.  YOU HEREBY KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVE ANY RIGHT YOU MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD-PARTY CLAIMS) ARIAING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. 

28. GENERAL PROVISIONS. If any provision(s) of this Agreement are held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed to reflect the intentions of the parties with the other provisions remaining in full force and effect. Company’s decision to delay or failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Company in writing. Even if Company acts in a way that You deem inconsistent with this Agreement, Company’s action shall not constitute or be deemed a waiver of any right or remedy. User and Company agree that any cause of action arising out of or related to these Services must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.  The section titles in the Agreement are solely used for the convenience of the parties and have no legal or contractual significance. You may also be subject to additional Terms and Conditions that may apply when You use Affiliate or other Services, Third-Party content, or Third-Party software.  If Company takes any action to enforce this Agreement, Company, if the prevailing party, will be entitled to recover from You, and you agree to pay, all reasonable and necessary attorneys’ fees and any cost of litigation, in addition to any other relief, at law or in equity, to which Company may be entitled.  Company’s failure to enforce strict performance of any provision of these Terms of Use will not constitute a waiver of Company’s right to subsequently enforce such a provision or any other provision of these Terms, nor will any delay or omission of the part of Company to exercise or take advantage of any right or remedy that Company has or may have hereunder, operate as a waiver of any right or remedy. 

29. ENTIRE AGREEMENT. This Agreement along with any other policies expressly incorporated into this Agreement by reference contains the entire agreement between You and Company hereto regarding the subject matter contained herein (including but not limited to any prior versions of this Agreement), and supersedes all prior and contemporaneous agreements, understandings, inducements, and conditions, express or implied, oral, or written, of any nature whatsoever with respect to the subject matter hereof. The express Terms hereof control and supersede any course of performance and/or usage inconsistent with any of the Terms hereof. This Agreement shall not be amended or changed in any way without Company’s written authorization.  I HAVE READ THIS AGREEMENT AND AGREE WITH ALL OF ITS PROVISIONS.