- The information available through this website is the property of Let Grow and is protected by copyright and other intellectual property laws. Any printouts using or referencing content from this website shall contain the following copyright notice: “Copyright Let Grow, ALL RIGHTS RESERVED,” along with Let Grow’s logo that appears above. You agree not to reproduce, retransmit, photocopy, distribute, disseminate, sell, publish, broadcast, or circulate the information received through this website to anyone without the express prior written consent of Let Grow. Copying and distributing Let Grow’s original copyright-protected content to third parties from this website is forbidden.
- Let Grow reserves the right to monitor your use of this website to ensure compliance with this Agreement. If it is determined you are not in compliance with this Agreement, Let Grow reserves the right to take such action as is deemed necessary. Systematic access or extraction of content from this website, including the use of “bots” or “spiders,” is prohibited.
Who We Are
Let Grow.com is an online community for parents and educators. Our mission is to encourage childhood independence. Anyone can visit the Site without registering. While Let Grow uses its best efforts in regard to content provided, Let Grow cannot guarantee the accuracy, integrity or quality of site Content.
Proprietary Rights and Limited License
All intellectual property rights, including all copyrights, patents, and trademarks, associated with or used to create the Site or available through the Service, including but not limited to designs, text, graphics, pictures, video, information, applications, code, software, music, sound, and other files are the proprietary property of Let Grow, our users’ content or our licensors and protected by copyright laws and international treaty provisions.
When we talk about “User Content,” we mean any work of authorship (other than the intellectual property rights code described in the Section entitled “Proprietary Rights in the Site; Limited License”) which you post on, upload to, input to, submit to or transmit through the Site (collectively, “post”). Examples of User Content include comments, contest entries, profile information, and other similar materials.
Let Grow does not claim ownership of User Content. When you post User Content on the Site, you keep your copyright, but you grant Let Grow permission to use the Content in connection with the operation of our business, including, without limitation, the license rights to: distribute, transmit, publicly display, publicly perform, reproduce, edit, sell, translate, and reformat User Content; excerpt User Content, for use in marketing materials; make minor modifications to the User Content for technical reasons; post and display User Content on this Site; and copy User Content for use on the Site. By including Personal Data in the User Content you post, you authorize Let Grow to disclose that Personal Data as part of the Content.
By uploading User Content to the Site, you represent and warrant, to the best of your knowledge, that all factual information in the Content is true and accurate. Despite all this, Let Grow cannot guarantee the accuracy, integrity or quality of User Content. You also represent and warrant, at all times during the term of this Agreement, that the User Content:
- is owned by you or, to the extent the User Content is owned by someone else, that you have permission to post or otherwise provide the Content to Let Grow for use as described above.
- does not contain any Personal Data about any individual other than you.
- does not violate any copyright, trademark, trade secret or other intellectual property right of any third party.
- does not violate the legal rights (such as rights of privacy or publicity) of another.
- does not contain material that is unlawful, obscene, defamatory, pornographic, indecent, lewd, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory, or otherwise objectionable.
- does not include malicious code, which includes, without limitation, viruses, Trojan horses, worms, time bombs, cancelbots, or any other computer programming routines that may damage, interfere with, surreptitiously intercept, or expropriate any system, program, data, or personal information (including Personal Data).
- does not break the law, facilitate the breaking of the law, or violate any applicable regulation or Let Grow rule or policy.
- does not offer or disseminate fraudulent goods, services, schemes, or promotions, or promote domain names, URLs, or hyperlinks that constitute commercial content such as that found in advertising, promotions, or solicitations.
- including the use of any recipe, formula, or instruction in the Content, will not result in personal injury to any person.
Conflict in Content
In addition, you represent and warrant that you have the legal capacity to enter into this Agreement, and that the entering into of this Agreement does not conflict with any arrangements or agreements between you and any other person or entity.
Let Grow is under no obligation to post or use any User Content you may provide. We reserve the right to refuse to permit your posting on the Site of any User Content that Let Grow, in our sole discretion, deems in violation of the terms and conditions set forth above. We may remove any User Content at any time in our sole discretion.
Use and Abuse of the Site
You are solely responsible for your use of the site and your User Content, including Content you generate and post to Let Grow. Since computers and other equipment (both yours and ours) are subject to occasional malfunction, you agree that you will not hold Let Grow responsible for any damage to, corruption of or destruction of the User Content. You are responsible for archiving and backing up, on your own computer, all User Content. Let Grow will not be responsible for or have any obligation or liability to you, archiving or backing-up any Content. If any User Content transmitted to Let Grow is damaged, lost or corrupted, Let Grow will have no obligation or liability to you.
You Agree Not to Use the Site 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 otherwise objectionable.
- harm anyone, including minors, in any way.
- use “spam,” “blast-faxes,” or recorded telephone messages to market or sell User Content.
- interfere with the operation of the Site via the use of viruses, Trojan horses, worms, time bombs, corrupted files, or any other similar programs or technology designed to disrupt or damage software or hardware.
- employ a robot, spider or other process or device to harvest e-mail addresses or other information regarding users of the Site or to monitor the activity on the Site.
- falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of User Content.
- interfere with User Content posted by another.
- impersonate another person or entity or forge any e-mail communication or message.
- misrepresent your credentials or post User Content that misleads others regarding your expertise or qualifications.
- post User Content that violates the terms described in the section of this Agreement specifically dedicated to Content.
- violate any code of conduct or other guidelines which may be applicable for the Site.
In addition to complying with all restrictions on conduct and User Content, you are responsible for adhering to all laws, ordinances, rules, regulations, orders, licenses, permits, judgments, decisions or other requirements of any governmental authority that has jurisdiction over you, whether those laws, etc. are now in effect or later come into effect during the time you use the Site.
Let Grow reserves the right to remove any and all material that we feel is inappropriate or illegal, or offensive, or potentially or actually harmful in any respect. At our discretion, we will remove Content and/or ban users who violate our policies with respect to the Site. We reserve the right to amend our policies from time to time in our sole discretion.
Cookies and Passive Data Collection
If you have a content or other dispute with a user of the Site, you release Let Grow (and our officers, directors, agents, subsidiaries, affiliates, joint ventures, and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
Links to Third Party Sites
Any dealings with third parties (including advertisers) accessed through this Site or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. We are not responsible or liable for any part of any such dealings or promotions.
Let Grow, INCLUDING OUR RESPECTIVE SUPPLIERS AND AFFILIATES, ASSUMES NO RESPONSIBILITY FOR THE ACCURACY, TRUTHFULNESS, USEFULNESS, COMPLETENESS, TIMELINESS, OR VALUE OF THE SITE CONTENT, PRODUCTS, INFORMATION, DATA OR OTHER CONTENT ON OR ACCESSIBLE THOUGH THE SITE, AND MAKES NO REPRESENTATIONS ABOUT THEIR SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, OR LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS.
YOU ASSUME FULL AND COMPLETE RESPONSIBILITY FOR REVIEWING AND VERIFYING THE ACCURACY, TRUTHFULNESS, USEFULNESS, COMPLETENESS, TIMELINESS, AND VALUE TO YOU OF ALL SUCH USER CONTENT, PRODUCTS, INFORMATION, DATA AND OTHER CONTENT TO WHATEVER EXTENT YOU DEEM NECESSARY.
NEITHER Let Grow NOR OUR SUPPLIERS OR AFFILIATES MAKE ANY REPRESENTATIONS OR WARRANTIES THAT YOU WILL HAVE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE SITE, THE SERVICE, MEMBERSHIP, OR PRODUCTS.
ALL USER CONTENT, PRODUCTS, THE SITE, THE SERVICE, DATA, INFORMATION, AND OTHER CONTENT ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. Let Grow AND OUR RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES AND CONDITIONS OF ANY KIND INCLUDING THE WARRANTIES OF TITLE AND NON-INFRINGEMENT, AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Limitation of Liability
In no event will Let Grow, our affiliates or our suppliers, including our and their respective officers, employees, contractors, and agents, be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever arising out of your use of the Site.
Regardless of the previous paragraph, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) the total fees you paid to us in the twelve months prior to the action giving rise to the liability, and (b) $100.
You agree to indemnify and hold Let Grow, our affiliates and our suppliers, including our and their respective officers, employees, contractors, and agents, harmless from and against any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of (a) your reliance on any transaction introduced, facilitated, or accessed through the Site, or any Content contained on or accessible or made available through the Site; (b) any breach or alleged breach of any representation, warranty, term or condition of this Agreement; of (c) any act or omission by you which is in any way related the Site, the Service or this Agreement.
Unless we terminate your access to the Site for breach of this Agreement, we will continue to provide you with the Site.
We reserve the right, in our sole discretion, to terminate your access to any or all of the Site or any portion thereof at any time, without notice, if you breach any of the provisions of this Agreement. Any such termination will be effective immediately, may be made with or without notice, and will be done without any liability to you or any third party. Upon termination, your access to and use of the Site immediately ceases. Following termination we have no further obligation.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
In addition to general disclosure listed above, we reserve the right to disclose any personal information about you or your use of any Site, including its contents, without your prior permission if we have a good faith belief that such action is necessary to (a) conform to legal requirements or comply with legal process; (b) protect and defend the rights or property of Let Grow or our affiliates; (c) enforce this Agreement; or (d) act to protect the interests of our members or others.
Let Grow’ performance under this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of Let Grow’ right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by us with respect to such use. If any court of competent jurisdiction determines any part of this Agreement to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement will continue in effect.
A printed version of this Agreement and of any notice given in electronic form is admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Copyright and Trademark Notices
COPYRIGHT. This Site is:
Copyright © 2020 Let Grow, Inc.
All rights reserved.
TRADEMARKS. Let Grow, the Let Grow logo, and other Let Grow products referenced herein and on the Site are either trademarks or registered trademarks of Let Grow. The names of actual companies and products mentioned herein and on the Site may be the trademarks of their respective owners. Any rights not expressly granted herein are reserved.
Notices and procedure for making claims of copyright infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify Let Grow’ agent for notice of claims of copyright or other intellectual property infringement (“Agent”), at
[email protected] Grow.com
Let Grow will remove the infringing posting(s), subject to the procedures outlined in the Digital Millennium Copyright Act (DMCA).
Dispute Resolution; Arbitration
All disputes arising under this agreement shall be governed by and interpreted in accordance with the laws of New York, without regard to principles of conflict of laws. The parties to this agreement will submit all disputes arising under this agreement to arbitration in New York City, New York before a single arbitrator of the American Arbitration Association (“AAA”). The arbitrator shall be selected by application of the rules of the AAA, or by mutual agreement of the parties, except that such arbitrator shall be an attorney admitted to practice law in New York. No party to this agreement will challenge the jurisdiction or venue provisions as provided in this section. No party to this agreement will challenge the jurisdiction or venue provisions as provided in this section. Nothing contained herein shall prevent the party from obtaining an injunction.