GROW SCIENCES MOBILE APP
Last modified: May 31, 2022
This End User License Agreement (“Agreement”) is a binding agreement between you (“End User” or “you”) and Proxima C, LLC (“Company”). This Agreement governs your use of Company’s Grow Sciences mobile application, (including all related documentation, the “Application”). The Application is licensed, not sold, to you.
BY DOWNLOADING THE APPLICATION, YOU: (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT THAT YOU ARE AUTHORIZED WITH PROPER CREDENTIALS AND PASSWORDS TO ACCESS AND USE THE APPLICATION; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD, INSTALL, OR USE THE APPLICATION AND DELETE IT FROM YOUR MOBILE, DESKTOP, OR OTHER DEVICE.
- License Grant. Subject to the terms of this Agreement, Company grants you a limited, non-exclusive, and nontransferable license to:
(a) Download, install, and use the Application for your use on a mobile, desktop, or other device owned or otherwise controlled by you (“Device”) strictly in accordance with the Application’s documentation; and
- License Restrictions. End User shall not use the Application for any purposes beyond the scope of the access granted in this Agreement. In particular, End User shall not:
(a) Copy the Application, except as expressly permitted by this license;
(b) Modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Application;
(c) Reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Application or any part thereof;
(d) Remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Application, including any copy thereof;
(e) Rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Application, or any features or functionality of the Application, to any third party for any reason, including by making the Application available on a network where it is capable of being accessed by more than one device at any time;
(f) Use the Application in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person, or that violates any applicable law;
(g) Use the Application in any manner or for any purpose that causes the unauthorized storage or transmission of personally identifiable information (“PII”), personal health information (“PHI”), or any other sensitive information or data to which an individual has an objectively clear right of privacy; or
(h) Remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Application.
- Reservation of Rights. You acknowledge and agree that the Application is provided under license, and not sold, to you. You do not acquire any ownership interest in the Application under this Agreement, or any other rights thereto other than to use the Application in accordance with the license granted, and subject to all terms, conditions, and restrictions, under this Agreement. Company and its licensors and service providers reserve and shall retain their entire right, title, and interest in and to the Application, including all copyrights, trademarks, trade secrets, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.
- Geographic Restrictions. The Content and Services are based in the United States and provided for access and use only by persons located in the United States. You acknowledge that you may not be able to access all or some of the Content and Services outside of the United States and that access thereto may not be legal by certain persons or in certain countries. If you access the Content and Services from outside the United States, you are responsible for compliance with local laws.
- Updates. Company may from time-to-time in its sole discretion develop and provide Application updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that Company has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Device settings, when your Device is connected to the internet either (a) The Application will automatically download and install all available Updates, or (b) You may receive notice of or be prompted to download and install available Updates. You shall promptly download and install all Updates and acknowledge and agree that the Application or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Application and be subject to all terms and conditions of this Agreement.
- Third-Party Materials. The Application may display, include, or make available third-party content (including data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services, including through third-party advertising (“Third-Party Materials”). You acknowledge and agree that Company is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Company does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions.
- Term and Termination.
(a) The term of Agreement commences when you download or install the Application and will continue in effect until terminated by you or Company as set forth in this Section 9.
(b) You may terminate this Agreement by deleting the Application and all copies thereof from your Device.
(c) Company may terminate this Agreement at any time without notice if it ceases to support the Application, which Company may do in its sole discretion. In addition, this Agreement will terminate immediately and automatically without any notice if you violate any of the terms and conditions of this Agreement.
(d) Upon termination:
(i) All rights granted to you under this Agreement will also terminate; and
(ii) You must cease all use of the Application and delete all copies of the Application from your Device and account.
(e) Termination will not limit any of Company’s rights or remedies at law or in equity.
- Disclaimer of Warranties. THE APPLICATION IS PROVIDED TO END USER “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE APPLICATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
- Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APPLICATION OR THE CONTENT AND SERVICES FOR: (a) PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES; AND/OR (b) DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE APPLICATION.
THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
- Indemnification. You agree to indemnify, defend, and hold harmless Company and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorney’s fees, arising from or relating to your use or misuse of the Application or your breach of this Agreement, including but not limited to the content you submit or make available through this Application.
- Export Regulation. The Application may be subject to U.S. export control laws, including the U.S. Export Administration Act and its associated regulations. You shall not, directly or indirectly, export, re-export, or release the Application to, or make the Application accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. You shall comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the Application available outside the U.S.
- U.S. Government Rights. The Application is commercial computer software, as such term is defined in 48 C.F.R. § 2.101. Accordingly, if you are an agency of the U.S. Government or any contractor therefor, you receive only those rights with respect to the Application as are granted to all other end users under license, in accordance with: (a) 48 C.F.R. § 227.7201 through 48 C.F.R. § 227.7204, with respect to the Department of Defense and their contractors; or (b) 48 C.F.R. § 12.212, with respect to all other U.S. Government licensees and their contractors.
- Severability. If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect.
- Governing Law. This Agreement is governed by and construed in accordance with the internal laws of the State of Arizona without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or related to this Agreement or the Application shall be instituted exclusively in the federal courts of the United States or the courts of the State of Arizona in each case located in Maricopa County. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
- Limitation of Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE APPLICATION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
- Waiver. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.
Last modified: May 31, 2022
Proxima C, LLC, dba Grow Sciences (“Company” or “We”) respect your privacy and are committed to protecting it through our compliance with this policy. This policy describes:
- The types of information we may collect or that you may provide when you download, install, access, create a user account with, or use the Grow Sciences web-based and/or mobile application and services (the “App”); and
- Our practices for collecting, using, maintaining, protecting, disclosing, and deleting that information.
This policy applies only to information we collect within the App, on our website, and in email, text, and other electronic communications sent using or in connection with this App.
This policy DOES NOT apply to information that:
- We collect offline or on any other Company apps or websites, including websites you may access through this App; or
- You provide to or is collected by any third party (see “THIRD-PARTY INFORMATION COLLECTION”).
Other websites and apps and these third parties have their own privacy policies, which we encourage you to read before providing information on or through them.
CHILDREN UNDER THE AGE OF 13
The App is not intended for children under 13 years of age, and we do not knowingly collect personal information from children under 13. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at [email protected].
INFORMATION WE COLLECT AND HOW WE COLLECT IT
We collect information from and about users of our App:
- Directly from you when you provide it to us.
- Automatically when you use the App.
INFORMATION YOU PROVIDE TO US.
When you download, register with or use this App, we may ask you provide information:
- By which you may be personally identified, such as name, zip code, email address or telephone number (“personal information”); or
- That is about you but individually does not identify you, such as your current location, or personal preferences for products, services, etc.
This information includes:
- Information that you provide by filling in forms in the App. This includes information provided at the time of registering to use the App, subscribing to our services, completing your user profile(s), sharing or posting material, submitting search queries, sending communications to us, etc. We may also ask you for information when you enter a contest or promotion sponsored by us, when you complete optional surveys, and when you report a problem with the App.
- Records and copies of your correspondence (including email addresses and phone numbers), if you contact us or allow us to contact you.
AUTOMATIC INFORMATION COLLECTION AND TRACKING.
When you download, access and use the App, it may use technology to automatically collect:
- Usage Details. When you access and use the App, we may automatically collect certain details of your access to and use of the App, including App traffic data, location of data storage, logs, data shared with the App when you are not using it, and other communication data and the resources that you access and use on or through the App.
- Device Information. We may collect information about your mobile device and internet connection, including the device’s unique device identifier, IP address, operating system, browser type, mobile network information and the device’s telephone number.
- Stored Information and Files. The App also may access metadata and other information associated with other files stored on your device. This may include, for example, photographs, audio and video clips, personal contacts and address book information.
- Location Information. This App collects real-time information about the location of your device.
We do not collect personal information automatically, but we may tie this information to personal information about you that we collect from other sources or from you.
Your device may prompt you to allow or deny the App access to data and/or to data-capture device components, such as a smartphone camera. Some features of the App may not function properly until you allow access when prompted. If you do not want us to collect any of the above information, do not download the App or delete it from your device. For more information, see “CHOICES ABOUT HOW WE USE AND DISCLOSE YOUR INFORMATION”.
INFORMATION COLLECTION AND TRACKING TECHNOLOGIES.
The technologies we use for automatic information collection may include:
- Cookies (or mobile cookies). A cookie is a small file placed on your device. It may be possible to refuse to accept cookies by activating the appropriate setting on your device. However, if you select this setting you may be unable to access certain parts of our App.
- Web Beacons. Pages of the App and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related app statistics (for example, recording the popularity of certain app content and verifying system and server integrity).
- Hardware and Software APIs. An application programming interface (API) is a piece of software that access or obtains information from other programs or device components. For example, our App uses an API to request the current coordinates from your device’s GPS unit. In some cases, you must provide authorization before the App can use certain APIs.
THIRD-PARTY INFORMATION COLLECTION
When you use the App or its content, certain third parties may use automatic information collection technologies to collect information about you or your device. These third parties may include:
- Your mobile device manufacturer.
- Your mobile service provider.
- Operators of the networks and servers that are used to access or provide the App.
These third parties may use tracking technologies to collect information about our users. This may include information about users’ use of this App and other apps and websites to serve them interest-based (behavioral) advertising. We do not control these third parties’ tracking technologies or how they may be used.
For information about how you can opt out of receiving targeted advertising from many providers, see “CHOICES ABOUT HOW WE USE AND DISCLOSE YOUR INFORMATION”.
HOW WE USE YOUR INFORMATION
We use information that we collect about you or that you provide to us, including any personal information, to:
- Provide you with the App and its contents, and any other information, products or services that you request from us.
- Fulfill any other purpose for which you provide it.
- Give you notices about your account/subscription, including expiration and renewal notices.
- Carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
- Notify you when App updates are available, and of changes to any products/services we offer or provide though it.
The usage information we collect helps us to improve our App and to deliver a better and more personalized experience by enabling us to:
- Estimate our audience size and usage patterns.
- Store information about your preferences, allowing us to customize our App according to your individual interests.
- Speed up your searches.
- Recognize you when you use the App.
According to our Terms of Service, by using the App you authorize us to use your information to contact you about our own and third parties’ goods and services that may be of interest to you. Even though we do not disclose your personal information for these purposes without your consent, if you click on or otherwise interact with App content, we may assume that you meet our target criteria for interest level. For more information, see “CHOICES ABOUT HOW WE USE AND DISCLOSE YOUR INFORMATION”.
DISCLOSURE OF YOUR INFORMATION
We may disclose aggregated information about our users and information that does not identify any individual or device, without restriction.
In addition, we may disclose personal information that we collect or you provide:
- To our subsidiaries and affiliates.
- To contractors, service providers and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.
- To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of Proxima C’s assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which personal information held by Proxima C LLC about our App users is among the assets transferred.
- To fulfill the purpose for which you provide it.
- For any other purpose disclosed by us when you provide the information.
- With your consent.
- To comply with any court order, law or legal process, including to respond to any government or regulatory request.
- To enforce our rights arising from any contracts entered into between you and us, including the App EULA and terms of sale and services, and for billing and collection.
- If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Proxima C, our customers or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.
YOUR CHOICES ABOUT OUR COLLECTION, USE AND DISCLOSURE OF YOUR INFORMATION
We strive to provide you with choices regarding the personal information you provide to us. This section describes mechanisms we provide for you to control certain uses and disclosures of your information.
- Promotion by the Company. If you do not want us to use your contact information to promote our own or third parties’ products or services, you can opt-out by sending us an email stating your request to [email protected].
- Data Retention and Deletion. We retain data collected in connection with your use of the App for as long as you have an active user account with us, and for a period of five years after your account is deleted or inactivated. Retained data of inactive user accounts is used only for the purposes of bookkeeping and audits, reactivating an account upon request, or data analytics. Personal information will be de-identified before it is aggregated for data analytics. We will stop collecting any data for which you withdraw your consent to collect, but will retain data collected before such withdrawal in accordance with this policy. You can at any time request that we delete retained data by sending us an email stating your request to [email protected]. Be advised that in some cases, we cannot delete your personal information except by also deleting/deactivating your user account.
We do not control third parties’ collection or use of your information to serve interest-based advertising. However these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative (“NAI”) on the NAI’s website. Although we use industry-standard security protocols to protect data, please be aware that no security measures are perfect or impenetrable.
ACCESSING AND CORRECTING YOUR PERSONAL INFORMATION
You can review and change your personal information by logging into the App and visiting your account profile page. This includes the ability for you to delete your user account from within the App.
You may also send us an email at [email protected] to request access to, correct or delete any personal information that you have provided to us. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.
YOUR CALIFORNIA PRIVACY RIGHTS
California Civil Code Section 1798.83 permits users of our App that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to [email protected].
Proxima C LLC
7349 Via paseo del sur
Scottsdale Az 85258
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