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Terms of Use

Effective Date: March 19, 2020 

Last Updated: March 19, 2020 

Introduction 

The Granger Network LLC (“The Granger Network,” “we,” “us,” or “our”) oversees this website, www.granger-network.mykajabi.com (“Site”) and related services (collectively, our “Services”).  These Terms of Use (“Terms”) are applicable to you (“user(s),” “you,” or “your”) and govern your access to and use of The Granger Network Services, as well as any text, images, videos, designs, graphics, sound recordings, voice recordings, artwork, photos, documents, source code, object code, data, features, functionality (including but not limited to all information, software, displays, enablement of video and audio, and the design, selection, and arrangement thereof), or other materials provided by The Granger Network or appearing on our Services (collectively, “Content”).  The Terms contained herein apply to all users of this Site and our Services 

Read these Terms carefully before you begin using this Site.  BY ENTERING, ACCESSING, BROWSING, SUBMITTING INFORMATION TO, OR OTHERWISE USING THE SITE, ITS SERVICES, AND THE CONTENT AVAILABLE HEREIN, YOU ACKNOWLEDGE AND AGREE TO THESE TERMS. 

Access to the Services is intended only for users located within the United StatesThe Granger Network makes no representation or warranty of any kind that use of this Site outside of the United States is lawful or permissible. Those who access this Site from other jurisdictions are responsible for their compliance with local laws pertaining to the use of this Site. The Services are also not intended for use by minors. By using the Services, you represent and warrant that you are eighteen (18) years of age or older.  

Note that these Terms may be updated from time to time, and any user’s continued use of this Site after we have made updates to the terms is considered acceptance of those updates.  For clarity, all updates are effective immediately when posted.  While we may send notifications for your convenience, nothing in these Terms shall be deemed to obligate us to do so. It is your responsibility to check these Terms periodically for updates. 

Access to and Use of this Site and the Services 

Access to certain portions of the Site is restricted to registered users.  To register an account and/or make a purchase through our Site, including without limitation any subscriptions or licenses, you may be required to provide your name, telephone number(s), e-mail, and/or street address, credit card number, debit card number, charge card number, or other payment information, as well as and other personally identifiable information (“Personal Information”).  By providing such information, you acknowledge and agree that we may, and you specifically authorize us or permitted third parties, to process all transactions related to this Site and its operation, including without limitation purchases and/or registration for products and/or Services on this Site.  You agree to pay all fees and charges, including applicable taxes and surcharges, incurred through your activity on or through the Site and/or through your account/profile. You agree that we may use the information as set forth in our Privacy Policy, including without limitation, to send you any notices, announcements, agreements, disclosures, reports, documents, communications concerning new products or services, or other records or correspondence from The Granger Network, unless you have opted out of receiving the same as described in our Privacy Policy 

1. Registration and Security.   

You agree, represent, warrant, and guarantee that all Personal Information provided by you to The Granger Network or its representatives, either through our Site or by other means of transmission, is true, accurate, complete, up-to-date, and solely yours.  You may not impersonate, imitate, or pretend to be somebody else when registering for our Services.  When you create an account and subsequently log in, you will be asked to choose a password.  You are responsible for safeguarding and maintaining the confidentiality of your password, and you agree not to disclose your password to any third party.  You will be solely responsible for any activities or actions taken under your account, whether or not you have authorized such activities or actions.  You must notify us immediately if you know or suspect that any unauthorized person is using your password or your account (for example, your password has been lost or stolen, someone has attempted to use the Services or Site through your account without your consent or your account has been accessed without your permission).  We also recommend that you do not store your password through your web browser or other software. We strongly recommend that you do not use the Services or access the Site on any public computer.  

2. Limitations on Use.   

The Site may be used and accessed for lawful purposes only.  You agree to abide by all applicable local, state, national, and foreign laws, treaties, and regulations in connection with your use of the Site and its Content You agree to maintain a positive sense of decorum in all of your interactions with other users and representatives of The Granger Network on the Services. You agree to maintain a courteous and professional rapport with other users, including but not limited to, avoiding profanity, rudeness, insults, scandalous words or actions, or otherwise inappropriate behavior, during your use of the Services.  In addition, without limitation, you agree that you will not do any of the following while using or accessing the Site:  

  1. in any manner transmit or submit any content or materials to which you do not have the lawful right to copy, transmit, and display (including any Content that would violate any confidentiality or fiduciary obligations that you might have with respect to the content); 
  2. in any manner transmit or submit any content that is proprietary, and by submitting any content or materials, you represent, warrant, and agree that such content and materials are not proprietary;  
  3. in any manner transmit or submit any content that infringes the intellectual property rights or violates the privacy rights of any third party (including, without limitation, copyright, trademark, patent, trade secret, or other intellectual property right, or moral right, or right of publicity); 
  4. in any manner transmit or submit harmful, threatening, abusive, harassing, defamatory, deceptive, fraudulent, obscene, indecent, vulgar, lewd, violent, hateful, or otherwise objectionable content or material; 
  5. in any manner transmit or submit any content that violates the law;  
  6. copy, reproduce, republish, upload, post, transmit, or distribute the Services, the Site, or any Content thereof 
  7. share or sell information derived from or related to the Services, the Site, or any Content thereof; 
  8. attempt to re-sell, rent, lease, charge, distribute, transfer, or share any of the rights that you receive hereunder; 
  9. modify, translate, alter, adapt, decompile, disassemble (except to the extent applicable laws specifically prohibit such restriction), reproduce, distribute, or display, or create derivative works, compilations, or collective works based on the Services, the Site, or any Content thereof; 
  10. knowingly or negligently permit other individuals or entities to use or copy the Service or "frame" or "mirror" the Service on any other server or wireless or Internet-based device; 
  11. circumvent, disable, or otherwise interfere with security-related features on the Site or features that prevent or restrict use or copying of any Content; 
  12. use the Services to collect or store Personal Information about other users; 
  13. knowingly include or use any false or inaccurate information in any customer account; 
  14. in any way transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, “pyramid schemes,” or any other form of solicitation, as well as viruses or other computer code that may interrupt, destroy, limit the functionality of the Site, or interfere with the access of any other user to the Site; 
  15. attempt to probe, scan, or test the vulnerability of any system or network operated by us, or breach or impair or circumvent any security or authentication measures protecting the Site; 
  16. attack the Site via a denial-of-service attack or a distributed denial-of-service attack or otherwise attempt to interfere with the proper working of the Site; 
  17. transmit or upload any material to the Site that contains viruses, trojan horses, worms, time bombs, or any other harmful or deleterious programs;  
  18. attempt to decipher, decompile, disassemble, reverse engineer, or otherwise attempt to discover or determine the source code of any software or any proprietary algorithm used to provide the Site; 
  19. use the Site in any way that competes with us; or 
  20. encourage, collaborate, or instruct any other person or entity to do any of the foregoing. 

ANY ATTEMPT TO DO ANY OF THE FOREGOING PROHIBITED ACTS OR TO OTHERWISE UNDERMINE THE OPERATION OF THE SERVICES OR SITE MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAW.  SHOULD SUCH AN ATTEMPT BE MADE, WE RESERVE THE RIGHT, IN ADDITION TO OUR OTHER REMEDIES, TO SEEK DAMAGES (INCLUDING WITHOUT LIMITATION ATTORNEYS’ FEES) FROM ANY SUCH INDIVIDUAL OR ENTITY TO THE FULLEST EXTENT PERMITTED BY LAW.  

We reserve the right, in our sole discretion, to audit or otherwise monitor any communication transmitted using the Site.  We further reserve the right at all times to review, retain, and/or disclose any information as necessary to satisfy any applicable law, regulation, legal process, governmental request, or business assessment. NOTWITHSTANDING THE FOREGOING, WE HEREBY DISCLAIM ANY OBLIGATION TO MONITOR USE OF THIS SITE OR TO RETAIN THE CONTENT ON THIS SITE UNLESS OTHERWISE AGREED OR REQUIRED BY LAW. 

3. User Feedback and Suggestions.   

All feedback, suggestions, ideas, and other submissions disclosed, submitted, or offered to The Granger Network or otherwise disclosed, submitted, or offered concerning the Site in connection with your use of the Site (collectively, "Feedback") will be The Granger Network's property.  Such disclosure, submission, or offer of any Feedback will constitute an assignment to The Granger Network of all worldwide rights, titles, and interests in all copyrights and other intellectual property in the Feedback.   The Granger Network will be under no obligation to (i) maintain any Feedback in confidence; (ii) pay any compensation for any Feedback; or (iii) respond to any Feedback. 

4. Cancellation, Termination, and Account Deletion. 

You may cancel your account at any time by emailing us at [email protected]At cancellation, your account will be deactivated and you will no longer be able to log into your account. The Granger Network may terminate your password, account, use of the Services, or access to Content at any time at any time if you breach or otherwise fail to comply with these Terms or The Granger Network’s then-current payment or refund policies, if any and as applicable.  In addition, The Granger Network may terminate a free account at any time in its sole discretion.  If Services are suspended, whether for non-payment or any other reason, in order to reinstate service, you must re-subscribe to the Services, including the payment of any fees required to be paid by a new subscriber. Any payments made under these Terms or otherwise related to your use of the Services are non-cancellable and non-refundable. Without limiting the foregoing, however, The Granger Network may, in its sole and absolute discretion, refund any payments made for any use of the Services, or a pro-rata portion thereof, consistent with The Granger Network’s refund policy, if any.  

5. Updates and Outages.  

It may be necessary for The Granger Network to perform scheduled or unscheduled repairs, maintenance, or upgrades and such activities may temporarily degrade the quality of the Services or result in a partial or complete outage of the Service.  The Granger Network provides no assurance that you will receive advance notification of such activities or that the Services will be uninterrupted or error-free.  Any degradation or interruption of the Service will not give rise to a right to a refund or credit of any fees paid by you. 

6. Links to Third-Party Websites.  

This Site may contain links to other websites on the Internet, which are not maintained by us.  When you leave this Site, you do so at your own risk.  By providing a link to a third-party website, we are not endorsing or attempting to associate with any other entity.  Other websites are not under our control, and you acknowledge that we shall not be responsible or liable for any of the text, images, videos or any other content or information from a third-party website.  You also acknowledge that we shall not be responsible or liable for any damage or loss caused or alleged to be caused by, or in connection with, your reliance on any information, any good, any service, or any other material provided through a third-party website. 

7. Third-Party Platform. 

We use a third-party platform to make our Site and Services available to you (“Third-Party Platform”). Our use of this Third-Party Platform does not constitute an endorsement or association with this entity, and by using our Site and Services, you acknowledge that we are not responsible or liable for any action or inaction by the Third-Party Platform that may impact your use of or access to our Site and Services. You also acknowledge that we shall not be responsible or liable for any damage or loss caused or alleged to be caused by, or in connection with, your reliance on any information, any good, any service, or any other material provided by the Third-Party Platform, whether appearing on our Site and Services or elsewhere, or any outages or performance problems caused by the Third-Party Platform. You understand that you may, at times, be subject to their policies and terms during your use of our Sites and Services, and that you are solely responsible for reviewing and complying with such policies and terms. More information about the Third-Party Platform we use can be found at their website, https://kajabi.com/

8. Reliance on Information Posted.   

We reserve the right to modify the Site in our sole discretion without notice.  We will not be liable if, for any reason, any part of the Site or the entire Site is unavailable for any period of time.  Periodically, we may restrict access to portions of the Site or the entire Site.  We may make these modifications at any time and for any reason without prior notice.  You assume any and all risk for decisions based on information contained within this Site.  The information presented on or through the Site is made available solely for general information purposes.  We do not warrant the accuracy, completeness, or usefulness of this information.  Any reliance you place, or decisions you make, on such information is strictly at your own risk.  We disclaim all liability and responsibility arising from any reliance placed on these Site materials by you or any other user of the Site, or by anyone who may be informed of any of its contents. 

Intellectual Property 

The Site, including all Content thereofis owned by us, our licensors, or other providers of such materials.  For purposes of clarity, The Granger Network owns the rights to the compilation, arrangement, and assembly, along with any modifications, variations, updates, versions, and changes to all information and Content entered and stored within our Site database(s) as part of the Site.  Unless otherwise noted, this material, collectively, is protected by United States copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.  All of the Site and Content is copyrighted material and is protected by the Copyright Act of 1976.  You are not permitted to republish, reproduce, transmit, transfer, prepare derivative versions or works, or otherwise use any Content on this Site without our prior, express, and written permission.  

You do not and will not acquire any intellectual property rights in the Site, including but not limited to the underlying Services and the Content published herein, by your use of the Site.  Subject to your compliance with these Termswe grant you a limited, non-exclusive, non-transferable, and revocable license, without the right to sublicense, to access and use the Site and to download and print any Content provided by us, solely for your personal and non-commercial purposes.  No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by us or our licensors, except for the limited license expressly granted in the preceding sentence. 

Disclaimer of Warranties 

THE SITE AND ALL INFORMATION CONTAINED HEREIN ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND.  

THE GRANGER NETWORK, TOGETHER WITH ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, AND REPRESENTATIVES, HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY AND NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE.  WE DISCLAIM ALL WARRANTIES WHETHER ARISING OUT OF LAW, STATUTE, COURSE OF DEALING, TRADE USAGE, OR ANY OTHER RELATIONSHIP.  WE MAKE NO WARRANTIES OF ANY KIND REGARDING THE SITE OR INFORMATION FOUND ON THIS SITE.  WE MAKE NO WARRANTIES WITH REGARD TO THE ACCURACY, RELIABILITY, COMPLETENESS, QUALITY, FUNCTIONALITY, TIMELINESS, SPEED, OR ACCESSIBILITY OF ANY INFORMATION SUPPLIED WITHIN THE SITE.  WE DO NOT WARRANT THAT THE SITE WILL BE OPERATIONAL, SECURE, ERROR-FREE, OR VIRUS FREE. TO THE EXTENT ANY JURISDICTION DOES NOT PERMIT US TO DISCLAIM WARRANTIES IN THESE WAYS, WE DISCLAIM WARRANTIES TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW. 

Your Security 

You are responsible for implementing sufficient procedures and security mechanisms to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to and separate from this Site to reconstruct any lost data. 

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of the Site or to your downloading of any material posted on it, or on any third-party website linked to it.  

Some jurisdictions do not permit us to exclude warranties in these ways, so it is possible that these exclusions will not apply to our agreement with you.  In such event, the exclusions shall apply to the fullest extent permitted under applicable law. 

Limitation of Liability 

TO THE EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE THE GRANGER NETWORK, TOGETHER WITH ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, AND REPRESENTATIVES, FROM ALL LIABILITY ASSOCIATED WITH YOUR USE OF THIS SITE AND THE SERVICES. 

You acknowledge that you are responsible for any actions you take while on this Site.   You recognize that your use of the Site and any subsequent actions arising from your use of the Site are taken solely at your own risk. 

IN NO EVENT WILL THE GRANGER NETWORK, OUR DIRECTORS, OUR OFFICERS, OUR EMPLOYEES, OUR CONTRACTORS, OUR AGENTS, OR OUR REPRESENTATIVES BE LIABLE FOR DAMAGES OF ANY KIND UNDER ANY LEGAL THEORY OR UNDER ANY EQUITABLE THEORY ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE SITE AND THE SERVICES, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, CLINICAL OUTCOMES, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF BUSINESS OPPORTUNITIES, OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.  NO CAUSE OF ACTION, REGARDLESS OF FORM, ARISING OUT OF OR IN CONNECTION WITH THE SITE OR THE SERVICES MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER SUCH ACTION HAS ACCRUED.  

Indemnification 

You will indemnify, defend, and hold harmless The Granger Network, our licensors and affiliates, and our and their respective directors, officers, employees, contractors, agents, and representatives, from and against any and all claims, causes of action, demands, liabilities, losses, costs, or expenses (including, but not limited to, reasonable attorneys’ fees and expenses) arising out of, in connection with, or resulting from: 

  1. your conduct on, access to, or use of the Site, including but not limited to its Services and its Content or any materials, information, works, and/or other content of whatever nature or media that you provide to or on the Site; 
  2. your violation or breach of any of the provisions of these Terms; 
  3. any activity related to your account by you or any other person accessing the Services through your account, including, without limitation, negligent or wrongful conduct; or 
  4. your violation of any third-party right, including, without limitation, any intellectual property right, publicity, confidentiality, property, or privacy right, or your violation of any laws. 

For purposes of clarity, these indemnification obligations apply to your use of the Site, along with your use of the Site’s Content and Services, other than as expressly authorized in this Terms, and your use of any information obtained from the Site or any information you provide to the Site. 

We reserve the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses. 

Our Compliance with COPPA 

THIS SITE IS NOT INTENDED FOR USERS WHO ARE YOUNGER THAN THIRTEEN (13) YEARS OF AGE.  You can learn more about our compliance with the Children’s Online Privacy Protection Act (“COPPA”) by reviewing our Privacy Policy here https://granger-network.mykajabi.com/pages/privacy-policy. 

Governing Law and Venue 

These Terms shall be construed, governed, and enforced under the laws of the United States and the State of Colorado (without regard to rules governing conflict of laws).  You agree that venue for all actions, relating in any manner to these Terms, shall be in a federal or state court of competent jurisdiction located in Jefferson County, EvergreenColorado.  Each party to these Terms waives any objection based on forum non conveniens and waives any objection to venue of any action instituted hereunder to the extent that an action is brought in the courts identified above. 

Severability and Waiver 

If any provision hereof is declared invalid by a court of competent jurisdiction, such provision shall be ineffective only to the extent of such invalidity so that the remainder of that provision and all remaining provisions will continue in full force and effect.  No waiver by us of any term or condition set forth herein shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of us to assert a right or provision shall not constitute a waiver of such right or provision.  

Relationship 

No joint venture, partnership, employment, or agency relationship exists between you and The Granger Network as a result of the Terms or use of the Services. The failure of The Granger Network to enforce any right or provision in the Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by The Granger Network in writing.  

Force Majeure 

No party to these Terms will be liable to the other party for any failure to perform any of its obligations, except payment obligations, under the Terms during any period in which such performance is delayed by circumstances beyond its reasonable control, including, but not limited to, fire, flood, war, embargo, strike, riot, unavailability of the Internet, or the intervention of any governmental authority.  

Changes to the Terms of Use 

We will make changes to these Terms from time to time.  The date that these Terms were last revised is identified at the top of the page.  You are responsible for ensuring that you periodically visit our Site and these Terms to check for any changes. If you continue to use the Site after modified terms have been posted, you are indicating your agreement to be bound by the modified Terms. If you do not agree to be so bound, then you may not continue to use the Site. 

Notice  

The Granger Network may give notice by means of a general notification via the Service, electronic mail to your e-mail address on record in The Granger Network’s account information, or by written communication sent by first class mail or pre-paid post to your address on record in The Granger Network’s account information. Such notice will be deemed to have been given upon the expiration of forty-eight (48) hours after mailing or posting (if sent by first class mail or pre-paid post) or twelve (12) hours after sending (if sent by email). You may give notice to The Granger Network (such notice will be deemed given when received by The Granger Network) at any time by e-mail at [email protected]. 

Entire Agreement 

If you have not entered into another agreement with The Granger Network regarding the subject matter contained in the Terms, then the Terms, together with the Privacy Policy, comprise the entire agreement between you and The Granger Network and supersede all prior or contemporaneous negotiations, discussions, or agreements, whether written or oral, between you and The Granger Network regarding such subject matter. However, if you and The Granger Network have entered into another agreement regarding the subject matter set forth in the Terms that is a written and signed agreement between you and The Granger Network, then the Terms and Privacy Policy should be read and interpreted in conjunction with such agreement and, in the event of a conflict between the Terms and a written, signed agreement between the parties, the written, signed agreement will govern and control.   

BY USING THIS SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE, AND YOU AGREE TO BE BOUND BY ALL APPLICABLE TERMS AND CONDITIONS. 

Contact Us 

To ask questions or comment about these Termsyou may contact us at: 

E-mail Address: [email protected] 

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