preload
How It Works Start My Diary Login Sign Up


TERMS OF SERVICE

Effective Date: April 20, 2018

PLEASE READ THIS AGREEMENT CAREFULLY. IT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE
SERVICE.

Welcome! You have arrived at a web site or mobile application that is provided by GROWDIARIES, LLC.
("GrowDiaries" or "we," "our" or "us"). These terms of service ("TOS") govern your access and use of
www.growdiaries.com and any other official GrowDiaries web site (including mobile sites), mobile application,
interactive features, widgets, and/or other online services that post a link to or reference the TOS
(collectively, referred to as the "Service"), regardless of how you access or use the Service, whether via
personal computers, mobile devices or otherwise. By accessing or using the Service, you are agreeing to the TOS
and concluding a legally binding contract with GrowDiaries. Do not access or use the Service if you are unwilling
or unable to be bound by the TOS.

In some instances, both the TOS and separate guidelines, rules, or terms of service or sale setting forth
additional or different terms and/or conditions will apply to your use of the Service or to a service or product
offered via the Service (in each such instance, and collectively "Additional Terms"). To the extent there is a
conflict between the TOS and any Additional Terms, the Additional Terms will control unless the Additional Terms
expressly state otherwise. Please also review the terms of the Service's Privacy Policy, which you accept by using the Service.

1. ACCEPTANCE OF THE TOS

GrowDiaries, as part of the Service, provides a variety of online resources, including classified ads, forums,
and various email services. By using the Service in any way, you are agreeing to comply with the TOS. In addition,
when using particular GrowDiaries services provided as part of the Service, you agree to abide by any applicable
posted guidelines for all GrowDiaries services, which may change from time to time. Should you object to any term
or condition of the TOS, any guidelines, or any subsequent modifications thereto or become dissatisfied with
GrowDiaries in any way, your only recourse is to immediately discontinue use of GrowDiaries. GrowDiaries has the
right, but is not obligated, to strictly enforce the TOS through self-help, active investigation, litigation and
prosecution.

2. MODIFICATIONS TO THE TOS

The TOS (or if applicable Additional Terms), in the form posted at the time of your use of the applicable
services to which it applies, shall govern such use (including transactions entered during such use). AS OUR
SERVICE EVOLVES, THE TOS AND CONDITIONS UNDER WHICH WE OFFER THE SERVICE MAY PROSPECTIVELY BE MODIFIED AND WE MAY
CEASE OFFERING THE SERVICE UNDER THE TOS OR ADDITIONAL TERMS FOR WHICH THEY WERE PREVIOUSLY OFFERED. ACCORDINGLY,
EACH TIME YOU SIGN IN TO OR OTHERWISE USE THE SERVICE YOU ARE ENTERING INTO A NEW AGREEMENT WITH US ON THE THEN
APPLICABLE TERMS AND CONDITIONS AND YOU AGREE THAT WE MAY NOTIFY YOU OF OTHER TERMS BY POSTING THEM ON THE SERVICE
(OR IN ANY OTHER REASONABLE MANNER OF NOTICE WHICH WE ELECT), AND THAT YOUR USE OF THE SERVICE AFTER SUCH NOTICE
CONSTITUTES YOUR GOING FORWARD AGREEMENT TO THE OTHER TERMS FOR YOUR NEW USE AND TRANSACTIONS. Therefore, you
should review the posted terms of service and any applicable Additional Terms each time you use the Service (at
least prior to each transaction or submission). The Additional Terms will be effective as to new use and
transactions as of the time that we post them, or such later date as may be specified in them or in other notice
to you. However, the TOS (and any applicable Additional Terms) that applied when you previously used the Service
will continue to apply to such prior use (i.e., changes and additions are prospective only) unless mutually
agreed. In the event any notice to you of new, revised or Additional Terms is determined by a tribunal to be
insufficient, the prior agreement shall continue until sufficient notice to establish a new agreement occurs. You
should frequently check the home page, your message account and the email you associated with your account for
notices, all of which you agree are reasonable manners of providing you notice. You can reject any new, revised or
Additional Terms by discontinuing use of the Service and related services.

3. USING THE SERVICE; USER ACCOUNTS

A. Accounts. In order to access or use some (or potentially all) of the features on the Service, you must first
register through our online registration process. The Service's practices governing any resulting collection and
use of your personal information are disclosed in its Privacy Policy.
If you are under the age of eighteen (18), then you are not permitted to register as a user, create a Profile Page
(defined below) or otherwise use the Service or submit personal information to us.

If you register for any feature that requires a password and/or username, then you will select your own password
at the time of registration (or we may send you an email notification with a randomly generated initial password)
and you agree that: (i) You will not use a username (or email address) that is already being used by someone else,
may impersonate another person, belongs to another person, violates the intellectual property or other right of
any person or entity, or is offensive. We may reject the use of any password, username, or email address for any
other reason in our sole discretion; (ii) You will provide true, accurate, current, and complete registration
information about yourself in connection with the registration process and, as permitted, to maintain and update
it including on your Profile Page, continuously and promptly to keep it accurate, current, and complete; (iii) You
are solely responsible for all activities that occur under your account, password, and username - whether or not
you authorized the activity; (iv) You are solely responsible for maintaining the confidentiality of your password
and for restricting access to your Device so that others may not access any password protected portion of the
Service using your name, username, or password; (v) You will immediately notify us of any unauthorized use of your
account, password, or username, or any other breach of security; and (vi) You will not sell, transfer, or assign
your account or any account rights.

We will not be liable for any loss or damage (of any kind and under any legal theory) to you or any third party
arising from your inability or failure for any reason to comply with any of the foregoing obligations.

If any information that you provide, or if we have reasonable grounds to suspect that any information that you
provide, is false, inaccurate, outdated, incomplete, or violates these TOS, any Additional Terms, or any
applicable law, then we may suspend or terminate your account. We also reserve the more general and broad right to
terminate your account or suspend or otherwise deny you access to it or its benefits - all in our sole discretion,
for any reason, and without advance notice or liability.

B. Profiles. Your Service account may permit you to create a profile for an individual or business (each a
"Profile Page"), which may not include any form of prohibited User Content, as outlined in Section 5(F). Without
limiting the foregoing, Profile Pages may not include User Content that you are attempting to sell through the
Service, and cannot be used to conduct commercial activities, including, but not limited to, transactions,
advertising, fundraising, contests or other promotions absent our prior written consent. We may offer you the
ability to set preferences relating to your profile or Service activities, but settings may not become effective
immediately or be error free, and options may change from time-to-time. We assume no responsibility or liability
for users' Profile material.

Profile Pages may only be set up by an authorized representative of the individual that is the subject of the
Profile Page. We do not review Profile Pages to determine if they were created by an appropriate party, and we are
not responsible for any unauthorized Profile Pages that may appear on the Service. If there is any dispute as to
whether a Profile Page has been created or is being maintained by an authorized representative of the individual
who is the subject of that Profile Page, then we shall have the sole right, but are not obligated, to resolve such
dispute as we determine is appropriate in our sole discretion. Such resolution may include, without limitation,
deleting or disabling access to Profile Pages, or any portion thereof, at any time without notice.

4. GrowDiaries CONTENT, OWNERSHIP, LIMITED LICENSE AND RIGHTS OF OTHERS

A. Content. The Service contains a variety of: (i) materials and other items relating to GrowDiaries and its
products and services, and similar items from our licensors and other third parties, including all layout,
information, articles, posts, text, data, files, images, scripts, designs, graphics, button icons, instructions,
illustrations, photographs, audio clips, music, sounds, pictures, videos, advertising copy, URLs, technology,
software, interactive features, the "look and feel" of the Service, and the compilation, assembly, and arrangement
of the materials of the Service and any and all copyrightable material (including source and object code); (ii)
trademarks, logos, trade names, trade dress, service marks, and trade identities of various parties, including
those of GrowDiaries (collectively, "Trademarks"); and (iii) other forms of intellectual property (all of the
foregoing, collectively "Content").

B. Ownership. The Service (including past, present, and future versions) and the Content are owned or controlled
by GrowDiaries and our licensors and certain other third parties. All right, title, and interest in and to the
Content available via the Service is the property of GrowDiaries or our licensors or certain other third parties,
and is protected by U.S. and international copyright, trademark, trade dress, patent and/or other intellectual
property and unfair competition rights and laws to the fullest extent possible. GrowDiaries owns the copyright in
the selection, compilation, assembly, arrangement, and enhancement of the Content on the Service.

C. Limited License. Subject to your strict compliance with the TOS and the Additional Terms, GrowDiaries grants
you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to: (i) download
(temporary storage only), display, view, use, play, and/or print one copy of the Content (excluding source and
object code in raw form or otherwise, other than as made available to access and use to enable display and
functionality) on a personal computer, mobile phone or other wireless device, or other Internet enabled device
(each, a "Device") for your personal, non-commercial use only. The foregoing limited license: (i) does not give
you any ownership of, or any other intellectual property interest in, any Content, and (ii) may be immediately
suspended or terminated for any reason, in GrowDiaries' sole discretion, and without advance notice or
liability.

D. Rights of Others. In using the Service, you must respect the intellectual property and other rights of
GrowDiaries and others. Your unauthorized use of Content may violate copyright, trademark, privacy, publicity,
communications, and other laws, and any such use may result in your personal liability, including potential
criminal liability. GrowDiaries respects the intellectual property rights of others. If you believe that your work
has been infringed by means of an improper posting or distribution of it via the Service, then please see Section
6 below.

5. USER CONTENT AND COMMUNITY USAGE RULES

A. Your Content. You are responsible for content you post on the Service ("Your Content" or "User Content"); you
understand that once published, it may not always be withdrawn. You assume all risks associated with Your Content,
including anyone's reliance on its quality, accuracy, or reliability, or any disclosure by you of information in
Your Content that makes you personally identifiable. You represent that you own, or have the necessary permissions
to use and authorize the use of Your Content as described herein. You may not imply that Your Content is in any
way sponsored or endorsed by GrowDiaries.

You understand that you may expose yourself to liability if, for example, Your Content contains material that is
false, intentionally misleading, or defamatory; violates any third-party right, including any copyright,
trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual
property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography;
exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.

B. Using Your Content. You retain all of your ownership rights in your Content. However, by submitting Content to GrowDiaries, you hereby grant GrowDiaries a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Service and GrowDiaries' (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Service a non-exclusive license to access your Content through the Service, and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of the Service and under these Terms of Service. The above licenses granted by you in Content you submit to the Service terminate within a commercially reasonable time after you remove or delete your Content from the Service. You understand and agree, however, that GrowDiaries may retain, but not display, distribute, or perform, server copies of your Content that have been removed or deleted. The above licenses granted by you in user comments you submit are perpetual and irrevocable.

C. Disclaimer of Liability For Content. You understand that GrowDiaries does not control, and is not responsible
for, User Content made available through the Service, and that by using the Service, you may be exposed to User
Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, the Service
and User Content available through the Service may contain links to other websites, which are completely
independent of GrowDiaries. GrowDiaries makes no representation or warranty as to the accuracy, completeness or
authenticity of the information contained in any such site. Your linking to any other websites is at your own
risk. You agree that you must evaluate, and bear all risks associated with, the use of any User Content, that you
may not rely on said User Content, and that under no circumstances will GrowDiaries be liable in any way for any
User Content or for any loss or damage of any kind incurred as a result of the use of any User Content posted,
emailed or otherwise made available via the Service. You acknowledge that GrowDiaries does not pre-screen or
approve User Content, but that GrowDiaries shall have the right (but not the obligation) in its sole discretion to
refuse, delete or move any User Content that is available via the Service, for violating the letter or spirit of
the TOS or for any other reason.

User Content (including any that may have been created by users employed or contracted by GrowDiaries) does not
necessarily reflect the opinion of GrowDiaries. We reserve the right to remove, screen, edit, or reinstate User
Content from time to time at our sole discretion for any reason or no reason, and without notice to you. We have
no obligation to retain or provide you with copies of User Content, nor do we guarantee any confidentiality with
respect to User Content.

D. Advertising. GrowDiaries and its licensees may publicly display advertisements and other information adjacent
to or included with User Content. You are not entitled to any compensation for such advertisements. The manner,
mode and extent of such advertising are subject to change without specific notice to you.

E. No Submission of Ideas. In your communications with GrowDiaries, please keep in mind that we do not seek any
unsolicited ideas or materials for products or services, or even suggested improvements to products or services,
including, without limitation, ideas, concepts, inventions, or designs for music, websites, apps, books, scripts,
screenplays, motion pictures, television shows, theatrical productions, software or otherwise (collectively,
"Unsolicited Ideas and Materials"). Any Unsolicited Ideas and Materials you post on or send to us via the Service
are deemed User Content and licensed to us as set forth below. In addition, GrowDiaries retains all of the rights
held by members of the general public with regard to your Unsolicited Ideas and Materials. GrowDiaries receipt of
your Unsolicited Ideas and Materials is not an admission by GrowDiaries of their novelty, priority, or
originality, and it does not impair GrowDiaries' right to contest existing or future intellectual property rights
relating to your Unsolicited Ideas and Materials.

F. Community Usage Rules. As a user of the Service, these Community Usage Rules ("Rules") are here to help you
understand the conduct that is expected of members of the Service's online communities, including use of personal
user/business accounts set up on the Service ("Communities").

(i) Nature of Rules. Your participation in the Communities is subject to all of the TOS, including these
Rules:

Your User Content. All of your User Content either must be original with you or you must have all necessary
rights in it from third parties in order to permit you to comply with these TOS and any Additional Terms. Your
User Content should not contain any visible logos, phrases, or trademarks that belong to third parties. Do not use
any User Content that belongs to other people and pass it off as your own; this includes any content that you
might have found elsewhere on the Internet. If anyone contributes to your User Content or has any rights to your
User Content, or if anyone appears or is referred to in the User Content, then you must also have their permission
to submit such User Content to GrowDiaries. (For example, if someone has taken a picture of you and your friend,
and you submit that photo to GrowDiaries as your User Content, then you must obtain your friend's and the
photographer's permission to do so.)

Speaking of Photos: No Pictures, Videos, or Images of Anyone Other Than You and Your Friends and Family. If you
choose to submit photos to the Service, link to embedded videos, or include other images of real people, then make
sure they are of you or of you and someone you know - and only if you have their express permission to submit
it.

Act Appropriately. All of your Service activities must be venue appropriate, as determined by us. Be respectful
of others' opinions and comments so we can continue to build Communities for everyone to enjoy. If you think your
User Content might offend someone or be embarrassing to someone, then chances are it probably will and it doesn't
belong on the Service. Cursing, harassing, stalking, insulting comments, personal attacks, gossip, and similar
actions are prohibited. Your User Content must not threaten, abuse, or harm others, and it must not include any
negative comments that are connected to race, national origin, gender, sexual orientation, or physical handicap.
Your User Content must not be defamatory, slanderous, indecent, obscene, pornographic, or sexually explicit.

Do Not Use for Commercial or Political Purposes. Your User Content must not advertise or promote a product or
service or other commercial activity (including competitive products/services), or a politician, public servant,
or law.

Do Not Use for Inappropriate Purposes. Your User Content must not promote any infringing or other similarly
inappropriate activity.

Be Honest and Do Not Misrepresent Yourself or Your User Content. Do not impersonate any other person, user, or
company, and do not submit User Content that you believe may be false, fraudulent, deceptive, inaccurate, or
misleading, or that misrepresents your identity or affiliation with a person or company.

Others Can See. We hope that you will use the Communities to exchange information and content and have venue
appropriate discussions with other members. However, please remember that the Communities are public or
semi-public and User Content that you submit on the Service within a Community may be accessible and viewable by
other users. Do not submit personally identifying information (e.g., first and last name together, password, phone
number, address, credit card number, medical information, email address, or other personally identifiable
information or contact information) on Community spaces and take care when disclosing this type of information to
others.

Don't Share Other Peoples' Personal Information. Your User Content should not reveal another person's address,
phone number, e-mail address, social security number, credit card number, medical information, financial
information, or any other information that may be used to track, contact, or impersonate that individual, unless,
and in the form and by the method, specifically requested by GrowDiaries.

Don't Damage the Service or Anyone's Computers or Other Devices. Your User Content must not submit viruses,
Trojan horses, spyware, or any other technologies or malicious code that could impact the operation of the Service
or any computer or other Device.

If you submit User Content that GrowDiaries reasonably believes violates these 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 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 User Content in question
being removed from the Service.

(ii) Your Interactions With Other Users; Disputes. You are solely responsible for your interaction with other
users of the Service, whether online or offline. We are not responsible or liable for the conduct or content of
any user. We reserve the right, but have no obligation, to monitor or become involved in disputes between you and
other users. Exercise common sense and your best judgment in your interactions with others (e.g., when you submit
any personal or other information) and in all of your other online activities.

(iii) Alerting Us of Violations. If you discover any content that violates the TOS, then you may report it to us
via email at [email protected]

G. As a GrowDiaries account holder you understand that GrowDiaries does not guarantee any confidentiality with respect to any Content you submit.

H. Content is provided to you AS IS. You may access Content for your information and personal use solely as intended through the provided functionality of the Service and as permitted under these TOS. You shall not download any Content unless you see a “download” or similar link displayed by GrowDiaries on the Service for that Content. You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes without the prior written consent of GrowDiaries or the respective licensors of the Content. GrowDiaries and its licensors reserve all rights not expressly granted in and to the Service and the Content.

 

6. NOTIFICATION OF CLAIMS OF COPYRIGHT INFRINGEMENT

A. DMCA Notice. GrowDiaries will respond appropriately to notices of alleged copyright infringement that comply
with the U.S. Digital Millennium Copyright Act ("DMCA"), as set forth below. If you own a copyright in a work (or
represent such a copyright owner) and believe that your (or such owner's) copyright in that work has been
infringed by an improper posting or distribution of it via the Service, then you may send us a written notice that
includes all of the following:

(i) a legend or subject line that says: "DMCA Copyright Infringement Notice";

(ii) a description of the copyrighted work that you claim has been infringed or, if multiple copyrighted works
are covered by a single notification, a representative list of such works;

(iii) a description of where the material that you claim is infringing or is the subject of infringing activity
is located that is reasonably sufficient to permit us to locate the material (please include the URL of the
Service on which the material appears);

(iv) your full name, address, telephone number, and e-mail address;

(v) a statement by you that you have a good faith belief that use of the material in the manner complained of is
not authorized by the copyright owner, its agent, or the law;

(vi) a statement by you, made under penalty of perjury, that all the information in your notice is accurate, and
that you are the copyright owner (or, if you are not the copyright owner, then your statement must indicate that
you are authorized to act on the behalf of the owner of an exclusive right that is allegedly infringed); and

(vii) your electronic or physical signature.

GrowDiaries will only respond to DMCA Notices that it receives by e-mail at the address below:
[email protected]

It is often difficult to determine if your copyright has been infringed. GrowDiaries may elect to not respond to
DMCA Notices that do not substantially comply with all of the foregoing requirements, and GrowDiaries may elect to
remove allegedly infringing material that comes to its attention via notices that do not substantially comply with
the DMCA.

Please note that the DMCA provides that any person who knowingly materially misrepresents that material or
activity is infringing may be subject to liability.

We may send the information that you provide in your notice to the person who provided the allegedly infringing
work. That person may elect to send us a DMCA Counter-Notification.

Without limiting GrowDiaries' other rights, GrowDiaries may, in appropriate circumstances, terminate a repeat
infringer's access to the Service and any other website owned or operated by GrowDiaries.

B. Counter-Notification. If access on the Service to a work that you submitted to GrowDiaries is disabled or the
work is removed as a result of a DMCA Notice, and if you believe that the disabled access or removal is the result
of mistake or misidentification, then you may send us a DMCA Counter-Notification to the addresses above. Your
DMCA Counter-Notification should contain the following information:

(i) a legend or subject line that says: "DMCA Counter-Notification";

(ii) a description of the material that has been removed or to which access has been disabled and the location at
which the material appeared before it was removed or access to it was disabled (please include the URL of the
Service from which the material was removed or access to it disabled);

(iii) a statement under penalty of perjury that you have a good faith belief that the material was removed or
disabled as a result of mistake or misidentification of the material to be removed or disabled;

(iv) your full name, address, telephone number, e-mail address, and the username of your account;

(v) 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 the address is located outside the U.S.A., to the jurisdiction of the United
States District Court for the Denver District of Colorado), and that you will accept service of process from the
person who provided DMCA notification to us or an agent of such person; and

(vi) your electronic or physical signature.

Please note that the DMCA provides that any person who knowingly materially misrepresents that material or
activity was removed or disabled by mistake or misidentification may be subject to liability.

If we receive a DMCA Counter-Notification, then we may replace the material that we removed (or stop disabling
access to it) in not less than ten (10) and not more than fourteen (14) business days following receipt of the
DMCA Counter-Notification. However, we will not do this if we first receive notice at the addresses above that the
party who sent us the DMCA Copyright Infringement Notice has filed a lawsuit asking a court for an order
restraining the person who provided the material from engaging in infringing activity relating to the material on
the Service. You should also be aware that we may forward the Counter-Notification to the party who sent us the
DMCA Copyright Infringement Notice.

7. THIRD PARTY CONTENT, SITES, AND SERVICES

The Service and Content available through the Service may contain features and functionalities that may link you
or provide you with access to third party content which is completely independent of GrowDiaries, including web
sites, directories, servers, networks, systems, information and databases, applications, software, programs,
products or services, and the Internet as a whole. Your interactions with organizations and/or individuals found
on or through the Service, including payment and delivery of goods or services, and any other terms, conditions,
warranties or representations associated with such dealings, are solely between you and such organizations and/or
individuals. You agree that GrowDiaries shall not be responsible or liable for any loss or damage of any sort
incurred as the result of any such dealings. If there is a dispute between participants on this site, or between
users and any third party, you understand and agree that GrowDiaries is under no obligation to become involved. In
the event that you have a dispute with one or more other users, you hereby release GrowDiaries, its officers,
employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every
kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any
way related to such disputes and / or our service.

8. PAID POSTINGS

We may charge a fee to post Content in some areas of the Service. The fee is an access fee permitting Content to
be posted in a designated area. Each party posting Content to the Service is responsible for said Content and
compliance with the TOS. All fees paid will be non-refundable in the event that Content is removed from the
Service for violating the TOS.

9. LIMITATIONS ON SERVICE

You acknowledge that GrowDiaries may establish limits concerning use of the Service, including the maximum number
of days that Content will be retained by the Service, the maximum number and size of postings, email messages, or
other Content that may be transmitted or stored by the Service, and the frequency with which you may access the
Service. You agree that GrowDiaries has no responsibility or liability for the deletion or failure to store any
Content maintained or transmitted by the Service. You acknowledge that GrowDiaries reserves the right at any time
to modify or discontinue the Service (or any part thereof) with or without notice, and that GrowDiaries shall not
be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

10. TERMINATION OF SERVICE

You agree that GrowDiaries, in its sole discretion, has the right (but not the obligation) to delete or
deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the
Service (or any part thereof), immediately and without notice, and remove and discard any Content within the
Service, for any reason, including, without limitation, if GrowDiaries believes that you have acted inconsistently
with the letter or spirit of the TOS. Further, you agree that GrowDiaries shall not be liable to you or any
third-party for any termination of your access to the Service. Further, you agree not to attempt to use the
Service after said termination.

You may terminate the TOS at any time by closing your account, discontinuing your use of the Service, and
providing GrowDiaries with a notice of termination.

In the event of any termination of the TOS, whether by you or us, the remaining portions of these TOS remain in
full force and effect, including our right to use Your Content.

11. RESTRICTIONS ON USE OF SERVICE

We are under no obligation to enforce the TOS on your behalf against another user. While we encourage you to let
us know if you believe another user has violated the TOS, we reserve the right to investigate and take appropriate
action at our sole discretion.

You agree not to, and will not assist, encourage, or enable others to use the Service to:

Violate our Rules (See Section 5(F)), for example, by writing a fake or defamatory review, trading reviews with
other businesses, or compensating someone or being compensated to write or remove a review;

Violate any third party's rights, including any breach of confidence, copyright, trademark, patent, trade secret,
moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;

Threaten, stalk, harm, or harass others, or promote bigotry or discrimination;

Promote a business or other commercial venture or event, or otherwise use the Service for commercial purposes,
except in connection with a business Profile Page and as expressly permitted by GrowDiaries;

Send bulk emails, surveys, or other mass messaging, whether commercial in nature or not; engage in keyword
spamming, or otherwise attempt to manipulate the Service's search results or any third-party website;

Solicit personal information from minors, or submit or transmit pornography; or

Violate any applicable law, including, without limitation, posting User Content that advertises any illegal
service or the sale of any items the sale of which is prohibited or restricted by any applicable law, including,
without limitation, items the sale of which is prohibited or regulated by Colorado law.

You also agree not to, and will not assist, encourage, or enable others to:

Violate the TOS;

Modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly
display, sell, trade, or in any way exploit the Service or Content (other than Your Content), except as expressly
authorized by GrowDiaries;

Use any robot, spider, site search/retrieval application, or other automated device, process or means to access,
retrieve, scrape, or index any portion of the Service or any Content;

Reverse engineer any portion of the Service;

Remove or modify any copyright, trademark or other proprietary rights notice that appears on any portion of the
Service or on any materials printed or copied from the Service;

Record, process, or mine information about other users;

Access, retrieve or index any portion of the Service for purposes of constructing or populating a searchable
database of business reviews;

Reformat or frame any portion of the Service;

Take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large
load on GrowDiaries' technology infrastructure or otherwise make excessive traffic demands of the Service;

Attempt to gain unauthorized access to the Service, user accounts, computer systems or networks connected to the
Service through hacking, password mining or any other means;

Use the Service or any Content to transmit any computer viruses, worms, defects, Trojan horses or other items of
a destructive nature (collectively, "Viruses");

Use any device, software or routine that interferes with the proper working of the Service, or otherwise attempt
to interfere with the proper working of the Service;

Use the Service to violate the security of any computer network, crack passwords or security encryption codes;
disrupt or interfere with the security of, or otherwise cause harm to, the Service or Content; or

Remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Service,
features that prevent or restrict the use or copying of Content, or features that enforce limitations on the use
of the Service.

The restrictions above only apply to the extent permissible under applicable law. Nevertheless, you agree not to
act contrary to them (even if permissible under applicable law) without providing thirty (30) days' prior written
notice to us here, together with any information that we may reasonably require to give us an opportunity to
provide alternative remedies or otherwise accommodate you at our sole discretion.

12. LINKS BY YOU TO THE SERVICE

We grant you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to
create hyperlinks to the Service, so long as: (a) the links only incorporate text, and do not use any Trademarks,
(b) the links and the content on your website do not suggest any affiliation with GrowDiaries or cause any other
confusion, and (c) the links and the content on your website do not portray GrowDiaries or its products or
services in a false, misleading, derogatory, or otherwise offensive matter, 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 GrowDiaries. GrowDiaries 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.

13. DISCLAIMER OF WARRANTIES AND LIMITATIONS OF LIABILITY

THE SERVICE IS MADE AVAILABLE TO YOU ON AN "AS IS", "WITH ALL FAULTS" AND "AS AVAILABLE" BASIS, WITH THE EXPRESS
UNDERSTANDING THAT GrowDiaries MAY NOT MONITOR, CONTROL, OR VET USER CONTENT. AS SUCH, YOUR USE OF THE SERVICE IS
AT YOUR OWN DISCRETION AND RISK. GrowDiaries MAKES NO CLAIMS OR PROMISES ABOUT THE QUALITY, ACCURACY, OR
RELIABILITY OF THE SERVICE, ITS SAFETY OR SECURITY, OR THE CONTENT. ACCORDINGLY, GrowDiaries IS NOT LIABLE TO YOU
FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE, FOR EXAMPLE, FROM THE SERVICE'S INOPERABILITY, UNAVAILABILITY OR SECURITY
VULNERABILITIES OR FROM YOUR RELIANCE ON THE QUALITY, ACCURACY, OR RELIABILITY OF THE BUSINESS LISTINGS, RATINGS,
REVIEWS (INCLUDING THEIR CONTENT, ORDER, AND DISPLAY), OR METRICS FOUND ON, USED ON, OR MADE AVAILABLE THROUGH THE
SERVICE.

GROWDIARIES MAKES NO CLAIMS OR PROMISES WITH RESPECT TO ANY THIRD PARTY, SUCH AS THE BUSINESSES OR ADVERTISERS
LISTED ON THE SERVICE OR THE SERVICE'S USERS. ACCORDINGLY, GrowDiaries IS NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE
THAT MIGHT ARISE FROM THEIR ACTIONS OR OMISSIONS, INCLUDING, FOR EXAMPLE, IF ANOTHER USER OR BUSINESS MISUSES YOUR
CONTENT, IDENTITY OR PERSONAL INFORMATION, OR IF YOU HAVE A NEGATIVE EXPERIENCE WITH ONE OF THE BUSINESSES OR
ADVERTISERS LISTED OR FEATURED ON THE SERVICE. YOUR PURCHASE AND USE OF PRODUCTS OR SERVICES OFFERED BY THIRD
PARTIES THROUGH THE SERVICE IS AT YOUR OWN DISCRETION AND RISK.

GROWDIARIES EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES AS TO THE
PRODUCTS OR SERVICES OFFERED BY BUSINESSES LISTED ON THE SERVICE, AND IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED TO YOU
BY A REPRESENTATIVE OF ONE OF GrowDiaries SHALL CREATE A REPRESENTATION OR WARRANTY.

YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SERVICE, RELATED SERVICES, OR ANY
OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THE SERVICE. GrowDiaries'
MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE SERVICE OR THE TOS
IS LIMITED TO THE GREATER OF (i) THE AMOUNT PAID, IF ANY, BY YOU TO GrowDiaries IN CONNECTION WITH THE SERVICE IN
THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (ii) $100.

GROWDIARIES DISCLAIMS LIABILITY FOR ANY (i) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR
CONSEQUENTIAL DAMAGES, (ii) LOSS OF PROFITS, (iii) BUSINESS INTERRUPTION, (iv) REPUTATIONAL HARM, OR (v) LOSS OF
INFORMATION OR DATA RESULTING FROM ANY ASPECT OF YOUR USE OF THE GrowDiaries SITE OR THE SERVICE, WHETHER THE
DAMAGES ARISE FROM USE OR MISUSE OF THE GrowDiaries SITE OR THE SERVICE, FROM INABILITY TO USE THE GrowDiaries
SITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE GrowDiaries
SITE OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES
OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE GrowDiaries SITE OR THE SERVICE OR ANY LINKS ON
THE GrowDiaries SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN
CONNECTION WITH THE GrowDiaries SITE OR THE SERVICE OR ANY LINKS ON THE GrowDiaries SITE OR SERVICE. THESE
LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability
are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you.

ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT
PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, GrowDiaries DISCLAIMS ANY WARRANTIES FOR THE SECURITY,
RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE GrowDiaries SITE AND THE SERVICE. TO THE FULLEST EXTENT
PERMITTED BY LAW, GrowDiaries DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED
ON THE GrowDiaries SITE OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE GrowDiaries SITE AND SERVICE. TO THE
FULLEST EXTENT PERMITTED BY LAW, GrowDiaries DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN
CONNECTION WITH THE GrowDiaries SITE OR THE SERVICE. Some jurisdictions do not allow the disclaimer of implied
warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate
to implied warranties.

14. NOTICES, QUESTIONS AND CUSTOMER SERVICE

You agree that: (1) we may give you notices of new, revised or changed terms and other important matters by
prominently posting notice on the home page of the Service, or in another reasonable manner; and (2) we may
contact you by mail or email sent to the address provided by you. You agree to promptly notify us if you change
your email or mailing address by updating your Profile Settings. If you have a question regarding using the
Service, you may contact GrowDiaries Customer Support by sending an email to [email protected] You acknowledge
that the provision of customer support is at GrowDiaries' sole discretion and that we have no obligation to
provide you with customer support of any kind.

15. MOBILE

Without limiting any other provisions of the TOS, this section is specific to the use of GrowDiaries downloadable
software application(s) (the "Application").

You may choose to download solely for your personal use the Application onto your mobile or wireless device or
platform. You may not use the Application on any mobile device that you do not own or control. Except for use
expressly permitted in this Agreement, you may not make other use of any content available through the Application
without express written consent. You will not modify, publish, transmit, participate in the transfer or sale,
create derivative works, or in any way exploit any of the content, in whole or part, found on this Application.
You will not make any changes to any content that you are permitted to download under this Agreement, and in
particular that by downloading the Application you are granted a license to use, but do not otherwise acquire any
ownership rights in, the downloaded content.

We may automatically check the version of the Application on our mobile device and, if applicable, provide
updates for the Application (the "Updates"). Updates may include, but are not limited to bug fixes, patches.
Enhanced functionality, plug-ins and new versions of the Application. By installing the Application, you authorize
the automatic download and installation of Updates and agree to download and install Updates manually as requested
from time to time.

We have the right to disable or permanently discontinue any and all functionality of the Application at any time
without notice and with no liability to you.

If you are accessing or using the Service through an Apple Device, the following additional terms and conditions
are applicable to you and are incorporated into the TOS by this reference:

(i) To the extent that you are accessing the Service through an Apple Device, you acknowledge that the TOS are
entered into between you and GrowDiaries and, that Apple, Inc. ("Apple") is not a party to the TOS other than as
third-party beneficiary as contemplated below.

(ii) The license granted to you in the TOS to use the Application and the Service is subject to the permitted
Usage Rules set forth in the App Store Terms of Service (see: http://www.apple.com/legal/itunes/us/terms.html) and
any third party terms of agreement applicable to the Service.

(iii) You acknowledge that GrowDiaries, and not Apple, is responsible for providing the Service and Content
thereof.

(iv) You acknowledge that Apple has no obligation whatsoever to furnish any maintenance or any support services
to you with respect to the Service.

(v) To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever
with respect to the Service.

(vi) Notwithstanding anything to the contrary herein, and subject to the terms in the TOS, you acknowledge that,
solely as between Apple and GrowDiaries, GrowDiaries (and not Apple) is responsible for addressing any claims you
may have relating to the Service, or your possession and/or use thereof, including, but not limited, to: (i)
product liability claims; (ii) any claim that the Service fails to confirm to any applicable legal or regulatory
requirement; and (iii) claims arising under consumer protection or similar legislation.

(vii) Further, you agree that if the Service, or your possession and use of the Service, infringes on a third
party's intellectual property rights, you will not hold Apple responsible for the investigation, defense,
settlement and discharge of any such intellectual property infringement claims.

(viii) You acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of the TOS,
and that, upon your acceptance of the terms and conditions of the TOS, Apple will have the right (and will be
deemed to have accepted the right) to enforce the TOS against you as a third-party beneficiary thereof.

(ix) When using the Service, you agree to comply with any and all third-party terms that are applicable to any
platform, website, technology or service that interacts with the Service.

16. FEEDBACK

By sending us any ideas, suggestions, documents or proposals ("Feedback"), you agree that: (i) your Feedback does
not contain the confidential or proprietary information of third parties, (ii) we are under no obligation of
confidentiality, express or implied, with respect to the Feedback, (iii) we may have something similar to the
Feedback already under consideration or in development, and (iv) you grant us an irrevocable, non-exclusive,
royalty-free, perpetual, worldwide license to use, modify, prepare derivative works of, publish, distribute and
sublicense the Feedback, and you irrevocably waive, and cause to be waived, against GrowDiaries and its users any
claims and assertions of any moral rights contained in such Feedback.

17. INDEMNITY

You agree to, and you hereby, defend, indemnify, and hold GrowDiaries harmless from and against any and all
claims, damages, losses, costs, investigations, liabilities, judgments, fines, penalties, settlements, interest,
and expenses (including attorneys' fees) that directly or indirectly arise from or are related to any claim, suit,
action, demand, or proceeding made or brought against GrowDiaries, or on account of the investigation, defense, or
settlement thereof, arising out of or in connection with, whether occurring heretofore or hereafter: (i) your Use
Content; (ii) your use of the Service and your activities in connection with the Service; (iii) your breach or
alleged breach of the TOS or any Additional Terms; (iv) your violation or alleged violation of any laws, rules,
regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities in
connection with your use of the Service or your activities in connection with the Service; (v) information or
material transmitted through your Device, even if not submitted by you, that infringes, violates, or
misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy, or other right of
any person or entity; (vi) any misrepresentation made by you; and (vii) GrowDiaries' use of the information that
you submit to us (including your User Content) (all of the foregoing, "Claims and Losses"). You will cooperate as
fully required by GrowDiaries in the defense of any Claim and Losses. Notwithstanding the foregoing, GrowDiaries
retain the exclusive right to settle, compromise, and pay any and all Claims and Losses. GrowDiaries reserve the
right to assume the exclusive defense and control of any Claims and Losses. You will not settle any Claims and
Losses without, in each instance, the prior written consent of an officer of a GrowDiaries.

18. DISPUTE RESOLUTION

Certain portions of this Section 18 are deemed to be a "written agreement to arbitrate" pursuant to the Federal
Arbitration Act. You and GrowDiaries agree that we intend that this Section 18 satisfies the "writing" requirement
of the Federal Arbitration Act. This Section 18 can only be amended by mutual agreement.

A. First - Try to Resolve Disputes and Excluded Disputes. If any controversy, allegation, or claim arises out of
or relates to the Service, the Content, your User Content, these TOS, or any Additional Terms, whether heretofore
or hereafter arising (collectively, "Dispute"), or to any of GrowDiaries' actual or alleged intellectual property
rights (an "Excluded Dispute", which includes those actions set forth in Section 18(D)), then you and we agree to
send a written notice to the other providing a reasonable description of the Dispute or Excluded Dispute, along
with a proposed resolution of it. Our notice to you will be sent to you based on the most recent contact
information that you provide us. But if no such contact information exists or if such information is not current,
then we have no obligation under this Section 18(A). Your notice to us must be sent to: 1600 Broadway, Suite 1600,
Denver, 80202, Colorado. For a period of sixty (60) days from the date of receipt of notice from the other party,
GrowDiaries and you will engage in a dialogue in order to attempt to resolve the Dispute or Excluded Dispute,
though nothing will require either you or GrowDiaries to resolve the Dispute or Excluded Dispute on terms with
respect to which you and GrowDiaries, in each of our sole discretion, are not comfortable.

B. Binding Arbitration. If we cannot resolve a Dispute as set forth in Section 18(A) (or agree to arbitration in
writing with respect to an Excluded Dispute) within sixty (60) days of receipt of the notice, then ANY AND ALL
DISPUTES ARISING BETWEEN YOU AND GrowDiaries MUST BE RESOLVED BY FINAL AND BINDING ARBITRATION. THIS INCLUDES ANY
AND ALL DISPUTES BASED ON ANY PRODUCT, SERVICE OR ADVERTISING CONNECTED TO THE PROVISION OR USE OF THE SERVICE
(WHETHER BASED IN CONTRACT, STATUTE, REGULATION, ORDINANCE, TORT - INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE,
FRAUD, ANY OTHER INTENTIONAL TORT OR COMMON LAW, CONSTITUTIONAL PROVISION, RESPONDEAT SUPERIOR, AGENCY OR ANY
OTHER LEGAL OR EQUITABLE THEORY - AND WHETHER ARISING BEFORE OR AFTER THE EFFECTIVE DATE OF THE TOS. The Federal
Arbitration Act ("FAA") shall govern the arbitrability of all disputes between GrowDiaries and you regarding the
TOS (and any Additional Terms) and the Service, including the No Class Action Matters section below. BY AGREEING
TO ARBITRATE, EACH PARTY IS GIVING UP ITS RIGHT TO GO TO COURT AND HAVE ANY DISPUTE HEARD BY A JUDGE OR JURY.
GrowDiaries and you agree, however, that Colorado or federal law shall apply to and govern, as appropriate, any
and all claims or causes of action, remedies, and damages arising between you and GrowDiaries regarding these TOS
and the Service, whether arising or stated in contract, statute, common law, or any other legal theory, without
regard to Colorado's choice of law principles.

A Dispute will be resolved solely by binding arbitration in accordance with the then-current Commercial
Arbitration Rules of the American Arbitration Association ("AAA"), except as modified herein, and in accordance
with the AAA's Supplementary Procedures for Consumer Related Disputes. The arbitration will be administered by the
AAA. If an in-person arbitration hearing is required, then it will be conducted in the "metropolitan statistical
area" (as defined by the U.S. Census Bureau) where you are a resident at the time the Dispute is submitted to
arbitration. You and we will pay the administrative and arbitrator's fees and other costs in accordance with the
applicable arbitration rules; but if applicable arbitration rules or laws require GrowDiaries to pay a greater
portion or all of such fees and costs in order for this Section 18 to be enforceable, then GrowDiaries will have
the right to elect to pay the fees and costs and proceed to arbitration. The arbitrator will apply and be bound by
the TOS and any Additional Terms, and will determine any Dispute according to applicable law and facts based upon
the record and no other basis, and will issue a reasoned award only in favor of the individual party seeking
relief and only to the extent to provide relief warranted by that party's individual claim. Issues relating to the
enforceability of the arbitration and class action waiver provisions contained herein are for the court to decide.
This arbitration provision shall survive termination of these TOS or the Service. You can obtain AAA procedures,
rules, and fee information as follows: 800.778.7879 and http://www.adr.org.

C. Limited Time to File Claims. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IF YOU OR WE WANT TO ASSERT A
DISPUTE (BUT NOT A EXCLUDED DISPUTE) AGAINST THE OTHER, THEN YOU OR WE MUST COMMENCE IT (BY DELIVERY OF WRITTEN
NOTICE AS SET FORTH IN SECTION 18(A)) WITHIN ONE (1) YEAR AFTER THE DISPUTE ARISES -- OR IT WILL BE FOREVER
BARRED. Commencing means, as applicable: (a) by delivery of written notice as set forth above in Section 18(A);
(b) filing for arbitration with the AAA as set forth in Section 18(B); or (c) filing an action in state or Federal
court. The parties expressly waive any contrary statute of limitations or time bars, both legal and equitable, to
the Disputes.

D. Injunctive Relief. The foregoing provisions of this Section 18 will not apply to any legal action taken by
GrowDiaries to seek an injunction or other equitable relief in connection with, any loss, cost, or damage (or any
potential loss, cost, or damage) relating to the Service, any Content, your User Content and/or GrowDiaries'
intellectual property rights (including such GrowDiaries may claim that may be in dispute), GrowDiaries'
operations, and/or GrowDiaries' products or services.

E. No Class Action Matters. YOU AND GrowDiaries AGREE THAT EACH 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 OR REPRESENTATIVE
PROCEEDING OR AS AN ASSOCIATION. Disputes will be arbitrated only on an individual basis and will not be joined or
consolidated with any other arbitrations or other proceedings that involve any claim or controversy of any other
party. There shall be no right or authority for any Dispute to be arbitrated on a class action basis or on any
basis involving Disputes brought in a purported representative capacity on behalf of the general public, or other
persons or entities similarly situated. But if, for any reason, any court with competent jurisdiction holds that
this restriction is unconscionable or unenforceable, then our agreement in Section 18(B) to arbitrate will not
apply and the Dispute must be brought exclusively in court pursuant to Section 18(F). Notwithstanding any other
provision of this Section 18, any and all issues relating to the scope, interpretation and enforceability of the
class action waiver provisions contained herein (described in this "No Class Action Matters" section), are to be
decided only by a court of competent jurisdiction, and not by the arbitrator. The arbitrator does not have the
power to vary these class action waiver provisions.

F. Small Claims Matters Are Excluded From Arbitration Requirement. Notwithstanding the foregoing, either of us
may bring qualifying claim of Disputes (but not Excluded Disputes) in small claims court of competent
jurisdiction.

G. Federal and State Courts in Denver County, Colorado. Except where arbitration is required as above, small
claims actions, or with respect to the enforcement of any arbitration decision or award, any action or proceeding
relating to any Dispute or Excluded Dispute arising hereunder may only be instituted in state or Federal court in
Denver County, Colorado. Accordingly, you and GrowDiaries consent to the exclusive personal jurisdiction and venue
of such courts for such matters.

H. Applicable Law. The TOS and any Additional Terms will be governed by and construed in accordance with, and any
Dispute and Excluded Dispute will be resolved in accordance with, the laws of the Colorado, without regard to its
conflicts of law provisions.

19. GENERAL TERMS

The TOS constitute the entire agreement between you and GrowDiaries and govern your use of the Service,
superseding any prior agreements between you and GrowDiaries.

GrowDiaries reserves the right, without any limitation, to: (i) investigate any suspected breaches of its Service
security or its information technology or other systems or networks, (ii) investigate any suspected breaches of
the TOS and any Additional Terms, (iii) investigate any information obtained by GrowDiaries in connection with
reviewing law enforcement databases or complying with criminal laws, (iv) involve and cooperate with law
enforcement authorities in investigating any of the foregoing matters, (v) prosecute violators of the TOS and any
Additional Terms, and (vi) discontinue the Service, in whole or in part, or, except as may be expressly set forth
in any Additional Terms, suspend or terminate your access to it, in whole or in part, including any user accounts
or registrations, at any time, without notice, for any reason and without any obligation to you or any third
party. Any suspension or termination will not affect your obligations to GrowDiaries under the TOS or any
Additional Terms. Upon suspension or termination of your access to the Service, or upon notice from GrowDiaries
all rights granted to you under the TOS or any Additional Terms will cease immediately, and you agree that you
will immediately discontinue use of the Service. The provisions of the TOS and any Additional Terms, which by
their nature should survive your suspension or termination will survive, including the rights and licenses you
grant to GrowDiaries in the TOS, as well as the indemnities, releases, disclaimers, and limitations on liability
and the provisions regarding jurisdiction, choice of law, no class action, and mandatory arbitration.

The failure of GrowDiaries to exercise or enforce any right or provision of the TOS shall not constitute a waiver
of such right or provision. If any provision of the TOS is found by an arbitrator to be invalid, the parties
nevertheless agree that the arbitrator should endeavor to give effect to the parties' intentions as reflected in
the provision, and the other provisions of the TOS remain in full force and effect.

We reserve the right to modify, update, or discontinue the Service at our sole discretion, at any time, for any
or no reason, and without notice or liability.

We may provide you with notices, including those regarding changes to the TOS by email, regular mail or
communications through the Service.

Nothing herein is intended, nor will be deemed, to confer rights or remedies upon any third party.

The TOS contain the entire agreement between you and us regarding the use of the Service, and supersede any prior
agreement between you and us on such subject matter. The parties acknowledge that no reliance is placed on any
representation made but not expressly contained in the TOS.

Any failure on GrowDiaries' part to exercise or enforce any right or provision of the TOS does not constitute a
waiver of such right or provision. The failure of either party to exercise in any respect any right provided for
herein shall not be deemed a waiver of any further rights hereunder.

If any provision of the TOS is found to be unenforceable or invalid, then only that provision shall be modified
to reflect the parties' intention or eliminated to the minimum extent necessary so that the TOS shall otherwise
remain in full force and effect and enforceable.

The TOS, and any rights or obligations hereunder, are not assignable, transferable or sub-licensable by you
except with GrowDiaries' prior written consent, but may be assigned or transferred by us without restriction. Any
attempted assignment by you shall violate the TOS and be void.

The section titles in the TOS are for convenience only and have no legal or contractual effect.

If any provision of the TOS is deemed unlawful, invalid, or unenforceable, by a judicial court for any reason,
then that provision shall be deemed severed from the TOS, and the remainder of the terms shall continue in full
force and effect.