Terms of service

Welcome to Sown To Grow! Sown To Grow, Inc. ("Sown To Grow," "we," "us," or "our") invites you to access and use our Services (as defined below), which are made available to you through our website, currently located at www.sowntogrow.com (the "Site"), and as otherwise described below.

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By accessing and using the Site and/or the Services, or by clicking the applicable button or checkbox to indicate your acceptance of these Terms of Service ("Terms"), to the extent made available to you, or by permitting your Student to do the foregoing, you acknowledge that you have read, understood, and agree to be legally bound by these Terms. If you do not agree to any of these Terms, then please do not use the Site and/or the Services. These Terms may be updated by us from time to time without notice to you.

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If you are agreeing to these Terms on behalf of an organization or entity (for example, if you are an Administrator agreeing to these Terms on behalf of your Institution), you represent and warrant that you are authorized to agree to these Terms on that organization's or entity's behalf and bind them to these Terms.

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Use of the Services is governed by these Terms and our Privacy Policy ("Privacy Policy"), which is incorporated by reference into these Terms.

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In the event of a conflict between these Terms and a Contract (as defined below), the Contract shall prevail.

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Who is Subject to These Terms.

These Terms apply to users of the Service, including:

teachers who register for the Services ("Teachers"),
students invited to use the Services by a Teacher ("Students"),
support staff of schools whose Teachers and Students are users ("Support Staff"),
school administrators of schools whose Teachers and Students are users ("School Administrators"), and
district officials of schools whose Teachers and Students are users ("District Administrators" and, together with School Administrators, "Administrators").

"You," "your", or "User" refers to: (a) any individual accessing the Services, including, without limitation, Teachers, Students, Support Staff, and Administrators, and (b) any Institution on whose behalf such individual is accessing the Services.

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Use by Institutions.

You agree that by registering for, accessing, or using our Services as a Teacher, Support Staff, or Administrator, you are agreeing to enter into a legally binding contract, on behalf of, and as an authorized agent of, the educational institution through which you conduct learning activities ("Institution"), with Sown To Grow, and warrant that you have authority to enter into a contract on behalf of your Institution and bind it to these Terms, in which case the terms "you", "your", or "User" shall refer to both you and your Institution.

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You are responsible for the proper use of the Services by the Students you invite, and you agree to protect the personal information of such Students, including, if applicable, according to the terms of any Contract that you or your Institution may have with Sown To Grow.

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The Services.

The Services include a web-based platform where Students enrolled in participating districts, schools, and/or classrooms can input short reflections, including emotional inputs, academic performance, and free-text written responses. Teachers are able to read student inputs and provide feedback within the system. Student inputs, teacher feedback, and trends over time are all provided to the Student, Teacher, and School Administrators who are given access based on specified roles.

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Unless explicitly stated otherwise, any new features that augment or enhance the current Services, including any updates or modifications to the Software (as defined below), or the release of new Sown To Grow products or services, shall be subject to these Terms. You understand and agree that the Services are provided "as is" and that Sown To Grow assumes no responsibility for the timeliness, deletion or failure to store any user inputs or personalization settings.

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Accounts.

If you would like to use certain features of the Services, you must log in to an account, which may be created and registered through Sown To Grow, your school, or other applicable Institution, or in certain limited instances directly by you on the Site ("Account"). You may be required to provide certain information about yourself, including, without limitation, your name, email address, and password, as prompted during the process, including to third-party providers, such as Google or Clever, for the purpose of creating an Account.

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You represent and warrant that all registration information you submit is truthful and accurate and you will maintain the accuracy of such information. You are solely responsible for the confidentiality of your Account, as well as for its use and misuse. You will promptly inform us or the relevant person in your school or other applicable Institution of any need to deactivate a username or password. We reserve the right to delete or change your username and/or password at any time and for any reason. Creating an Account with false information is a violation of these Terms.

Accounts may not be shared by more than one person unless express authorization is given by Sown To Grow.

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You will be responsible for any activities that occur under your Account and any activities that occur under Accounts of Students enrolled in your classrooms until you terminate your Account. We reserve the right to require you to alter a username and/or password if we believe that such Account is no longer secure.

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You promise to use the Services only for your personal, internal, non-commercial, educational use, and only in a manner that complies with all laws that apply to you and with these Terms. If your use of the Services is prohibited by applicable laws or violate these Terms, then you are not authorized to use the Services and we may discontinue your access to the Services. We are not responsible for your use of the Services in any way that breaks the law.

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Use of Personal Information.

For the current Sown To Grow Privacy Policy, please click here, but we have included some information below related to the Children's Online Privacy and Protection Act of 1998 ("COPPA") and the Family Educational Rights and Privacy Act ("FERPA").

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COPPA aims to protect Students who are under the age of 13. Accordingly, we only collect personal information through the Services from a Student under the age of 13: (a) where we have provided that Student's school, district, and/or teacher with notice of our information practices, (b) where that Student's applicable Institution has provided consent on behalf of the Student for that Student to use the Services and disclose personal information to us, (c) where the Student is being provided access to our Services by an Institution that acknowledges that Sown To Grow is a "school official" under FERPA, and (d) solely for the educational context and not for advertising, marketing, or any other commercial purpose.

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If you are a Student under the age of 13, please do not send any personal information about yourself other than what we request from you in connection with the Services. If we learn a Student under the age of 13 has provided us personal information beyond what is requested in connection with the Services, we will delete that information. If you believe that a Student under the age of 13 may have provided us personal information in violation of this paragraph, please contact us at privacy@sowntogrow.com.

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If you are accessing the Services on behalf of an Institution, you agree and acknowledge that you have received from us notice of our information practices and that you consent, on behalf of the applicable Students, to the collection of personal information from Students under the age of 13 in accordance with the terms of our Privacy Policy linked above. For more information on COPPA, please click here. If you are a Teacher, you represent and warrant that you have permission and authorization from your Institution to use the Services as part of your curriculum.

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In addition, various federal and state laws, including FERPA, protect the privacy of student educational records and limit when a school may disclose a student's educational records. Teachers are solely responsible for ensuring that their schools are compliant with all applicable laws and regulations, including, but not limited to, FERPA. Without limiting the generality of the foregoing, if you are a Teacher, you represent and warrant that for all student records you may disclose (if any) ("Student Records"), you or your applicable Institution has obtained the appropriate consent from the parents of Students, or from the Students if such Students are 18 or older, as required under FERPA to make such disclosure and grant the following license. If you are a Teacher, you grant, on behalf of your Institution, or if you are an Institution, you grant, Sown To Grow a nonexclusive license to view, download, reproduce, and display such Student Records of a Student solely for the purposes of: (a) providing the Service to any Teachers of such Student, (b) providing the Service to such Student, and (c) to use de-identified and/or aggregated Student Records to improve the Service.

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Fees.

To the extent that we make the Software available to you for evaluation purposes free of charge or for any discounted fee period (an "Evaluation Period"), the Software is provided "AS IS" and no warranty obligations of Sown To Grow will apply. Any continued use of the Software following such Evaluation Period will be subject to Sown To Grow's receipt of payment of the fees set forth in your applicable purchase order, order form or similar ordering document (each, a "Purchase Order"). Either you or Sown To Grow may terminate an Evaluation Period at any time upon notice to the other party.

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Any additional fees and terms applicable to additional services provided by Sown To Grow ("Related Services" and, together with the Software and any services related thereto, the "Service" or the "Services") pursuant to a Purchase Order or any separate agreement executed between you and Sown To Grow (each, a "Contract") are incorporated by reference herein.

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Invoices shall be due and payable pursuant to the terms specified in the applicable invoice. We reserve the right for interest on any late payments to accrue at the rate of 1% per month, or the highest rate permitted by applicable law, whichever is lower, from the date such amount is due until the date such amount is paid in full. You will be responsible for, and will pay all sales and similar taxes, and all similar fees levied upon the provision of the Services, excluding only taxes based solely on Sown To Grow's income.

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Intellectual Property.

You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that information presented to you through the Service is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. Except as expressly authorized by Sown To Grow, you agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Service or the Software, in whole or in part.

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Sown To Grow exclusively owns all rights, title, and interest in and to the Services, including the Related Services, the Software, the Site, and all Site Content (as defined below). You agree that the foregoing shall include all rights with respect to copyright, patent, trademark, and all other intellectual property laws in any jurisdiction. As used herein, "Site Content" means any and all materials, including, without limitation, information, data, text, editorial content, curriculum/lessons, written prompts, organizational structures, design elements, look and feel, formatting, graphics, images, photographs, videos, music, sounds, and other content, contained in or delivered via the Services (excluding User Content, as defined below) or otherwise made available by us in connection with the Services. For the avoidance of doubt, Site Content includes aggregated and de-identified usage and other data collected during the use of the Services by Users. You agree to use the Services and the Site Content only for purposes that are permitted by these Terms and any applicable local, state, provincial, national, or other law, rule, or regulation. Any rights not expressly granted herein are reserved. Without limiting the foregoing, you may not duplicate or reuse any portion of the HTML/CSS or visual design elements of the Site without express written consent from Sown To Grow.

Messages, data, information, text, graphics, audio, video, or other materials and content of any kind posted/uploaded/transmitted to or through the Services by our users are collectively referred to herein as "User Content."

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As referenced above, Sown To Grow's intellectual property and ownership rights exclude User Content. As used herein, "User Content" collectively includes messages, data, information, text, graphics, audio, video, or other materials and content of any kind posted/uploaded/transmitted to or through the Services by our Users.

Sown To Grow grants you a personal, non-transferable, and non-exclusive right and license to use the Service solely for its intended purpose. You agree that you will not copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in, or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by Sown To Grow for use in accessing the Service.

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Furthermore, you understand that the Site Content is protected by copyright and other laws in both the United States and elsewhere. It is expressly forbidden to distribute the Site Content or any portion thereof by any means, including but not limited to electronic and print, to any person or entity who does not have a valid Account. Sown To Grow reserves the right to cancel your and/or your Institution's license without refund if it is determined that you have violated such Terms.

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Intellectual Property.

By accessing or using the Site or the Services, you further agree that:

You will not use the Site or the Services for any unlawful purpose;
You will not upload, post, email, transmit, or otherwise make available any content that:

infringes any copyright, trademark, right of publicity, or other proprietary rights of any person or entity;
is threatening, tortious, defamatory, libelous, indecent, invasive of another's privacy or that contains speech demeaning a group based on race or ethnic origin, religion, disability, gender, age, veteran status, and/or sexual orientation/gender identity; or
discloses any sensitive information about another person, including that person's email address, postal address, phone number, credit card information, or any similar information.

You will not spam or use the Site or the Services to engage in any commercial activities, including, without limitation, raising money, advertising or promoting a product, service, website, or company;
You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; and
You will not interfere with or attempt to interrupt the proper operation of the Site or the Services through the use of any virus, device, information collection, or transmission mechanism, or software, or access or attempt to gain access to any data, files, or passwords related to the Site or the Services through hacking, password or data mining, or any other means.

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Modifications.

Sown To Grow reserves the right, at any time and from time to time, to modify or temporarily discontinue the Service (or any part thereof) with or without notice. You agree that Sown To Grow shall not be liable to you or to any third party for any modification, suspension, or temporary discontinuance of the Service. In the event of permanent discontinuance of the Service, liability is limited to the paid subscription price, pro-rated to the amount of time remaining on the subscription.

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Sown To Grow reserves the right to modify these Terms and our Privacy Policy at any time and in any manner at our sole discretion. Your continued use of the Service constitutes your binding acceptance of such modifications. If you do not agree to any changes in the Terms as they may occur, please arrange to terminate your registration immediately and discontinue your use of the Service. Your continued use of our Services after we publish or send a notice about our changes to these Terms means that you are consenting to the updated terms following their "effective date." If you object to any changes, you must stop using or accessing the Services. You agree that we are not liable to you or to any third party for any modification of the Terms.

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User Feedback.

By submitting any unsolicited information and materials, including comments, ideas, questions, designs, suggestions and other similar communications (collectively, "Feedback") to us through the Site and/or the Services, you assign to Sown To Grow all rights in such Feedback and agree that we have the right to use such Feedback and related information as appropriate in compliance with applicable law and without any compensation to you. You agree that you will not submit Feedback to us containing any information or ideas that you consider to be confidential or proprietary. You also agree that we do not waive any rights to use similar or related ideas previously known to us, developed by our service providers, or obtained from other sources.

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Disclaimer and Limitation of Liability.

NONE OF SOWN TO GROW, ITS AFFILIATES, SUBSIDIARIES, OR ITS OR THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY THE "SOWN TO GROW PARTIES") ENDORSE ANY TEACHER, STUDENT, USER CONTENT, OR PERFORMANCE DATA SUBMITTED THROUGH THE SERVICES. NONE OF THE SOWN TO GROW PARTIES HAS ANY RESPONSIBILITY OR LIABILITY WITH RESPECT TO ANY RESULTS CAUSED BY USING THE SITE OR THE SERVICES. WE EXPRESSLY DISCLAIM ANY AND ALL LIABILITY IN CONNECTION WITH THE FOREGOING.

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YOU ACKNOWLEDGE AND AGREE THAT THE SITE AND THE SERVICES, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, FUNCTIONS, AND MATERIALS, ARE PROVIDED "AS IS," "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NONE OF THE SOWN TO GROW PARTIES WARRANT THAT THE SITE OR THE SERVICES, CONTENT, FUNCTIONS, OR MATERIALS CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. NONE OF THE SOWN TO GROW PARTIES SHALL BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO OR USE OF THE SITE OR THE SERVICES. YOUR USE OF THE SITE AND THE SERVICES IS ENTIRELY AT YOUR OWN RISK. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE OR THE SERVICES IS TO STOP USING THE SAME.

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IN NO EVENT SHALL ANY SOWN TO GROW PARTY BE LIABLE FOR SPECIAL, INDIRECT, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, REVENUES OR SAVINGS, EVEN IF SUCH SOWN TO GROW PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. IN NO EVENT SHALL THE TOTAL CUMULATIVE LIABILITY OF THE SOWN TO GROW PARTIES FOR DIRECT DAMAGES ARISING UNDER THESE TERMS OR RELATING THERETO, EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) AND THE FEES PAID BY YOU TO SOWN TO GROW IN THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR NEGLIGENCE, CONSEQUENTIAL, INCIDENTAL, OR OTHER DAMAGES, IN SUCH JURISDICTIONS OUR LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

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External Sites.

The Service may provide, or third parties may provide, links to other Internet websites or resources ("External Sites"). Because Sown To Grow has no control over such External Sites, you acknowledge and agree that Sown To Grow is not responsible for the availability of External Sites, and does not endorse and is not responsible or liable for any content or materials on or available from such External Sites. You further acknowledge and agree that Sown To Grow shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content or materials on or available from any such External Sites.

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Indemnification.

You agree to defend, indemnify, and hold the Sown To Grow Parties harmless from and against any and all claims, actions, or demands and relating costs, damages, and liability (including, without limitation, reasonable attorneys' fees) arising or resulting from: (a) your breach of these Terms, (b) your access to, use, or misuse of the Site or the Services, (c) your violation of any third-party right, including without limitation any copyright, trademark, property, or privacy right, and (d) any claims brought against Sown To Grow Parties by a Student as a result of any of your acts or omissions.

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Compliance with Applicable Laws.

The Site and the Services are operated in the United States and are intended to be used only by residents of the United States. We make no claims concerning whether the Site, the Services, the Site Content, or the User Content may be viewed or be appropriate for use outside of the United States. If you access the Site, the Services, the Site Content, or the User Content from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.

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Term and Termination.

Unless otherwise indicated in a Purchase Order or Contract, access to the Software is purchased for 1-year terms, and any renewal subsequent to such 1-year term will be subject to and pursuant to an additional Purchase Order or Contract.

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We may terminate these Terms and your access to all or any part of the Site or the Services at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of the Site or the Services at any time without prior notice or liability.

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You may also terminate your use of the Services by submitting a request in writing to help@sowntogrow.com. You will not be entitled to a refund of any fees paid.

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The provisions of these Terms that by their sense and context are intended to survive the termination of these Terms (including, without limitation, with respect to our intellectual property rights, limitation of liability, disclaimer of warranties, right to use Feedback, your indemnification obligations, and dispute resolution) shall survive such termination.

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Term and Termination.

PLEASE READ THESE TERMS CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THE FOLLOWING SECTIONS INCLUDE A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.

Arbitration - If any dispute, claim, or controversy ("Claims") arises under these Terms or through your use of the Services, such dispute shall be resolved by binding arbitration before a single arbitrator in accordance with the Commercial Arbitration Rules of the American Arbitration Association ("AAA") then pertaining, except where such rules conflict with this section, in which case this section shall control. Any court with jurisdiction shall enforce this section and enter judgment on any award. The arbitrator shall be selected within twenty (20) business days from commencement of the arbitration from the AAA's National Roster of Arbitrators pursuant to agreement or through selection procedures administered by the AAA. Within forty-five (45) days of initiation of arbitration, the parties to the arbitration shall reach agreement upon and thereafter follow procedures, including limits on discovery, assuring that the arbitration will be concluded and the award rendered within no more than eight (8) months from selection of arbitrators or, failing agreement, procedures meeting such time limits will be designed by the AAA and adhered to by the parties to the arbitration. The arbitration shall be held in Alameda County, California and the arbitrators shall apply the substantive law of the State of California, except that the interpretation and enforcement of this arbitration provision shall be governed by the Federal Arbitration Act.
Exceptions - You and Sown To Grow agree that the following Claims are not subject to the above provisions concerning negotiations and binding arbitration: (a) any Claim seeking to enforce or protect, or concerning the validity of, any of your or Sown To Grow's intellectual property rights, (b) any Claim related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use, and (c) any Claim for equitable relief. In addition to the foregoing, either you or Sown To Grow may assert an individual action in small claims court for Claims that are within the scope of such court's jurisdiction in lieu of arbitration.
Opt Out - You may opt out of the arbitration and/or class action waiver provisions set forth herein by sending written notice of your decision to help@sowntogrow.com within thirty (30) days of your first use of the Services.

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Class Action/Jury Trial Waiver.

WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED THE SERVICES FOR PERSONAL, COMMERCIAL, OR OTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND. THE WAIVER CONTAINED IN THIS SECTION SHALL BE SEVERABLE FROM THE REMAINDER OF THE AGREEMENT.

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California Privacy Rights.

In accordance with California Civil Code Section 1789.3, California resident users are entitled to know that they may file grievances and complaints with California Department of Consumer Affairs, Consumer Information Center, 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834; or by phone at 916-445-1254 or 800-952-5210; or by email to dca@dca.ca.gov. For more information about protecting your privacy, you may wish to visit: http://www.ftc.gov.

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Miscellaneous.

In the event that any portion of these Terms is held to be invalid or unenforceable, then such portion shall be construed in accordance with the applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of these Terms shall remain in full force and effect. You may not assign these Terms. No waiver shall be effective unless in writing. These Terms and any other agreements between the parties entered into through this Site shall be governed by and construed in accordance with the laws of the State of California. These Terms, together with our Privacy Policy, any other legal notices published by us on the Services, and any applicable Purchase Orders and Contracts, contain the entire agreement of the parties concerning the Site and the Services and supersede all existing agreements and all other oral, written or other communication between the parties concerning its subject matter. You shall comply with all laws, rules, and regulations which are now or hereinafter promulgated by any government authority or agency which govern or apply to the operation and use of the Site and/or the Services.

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Questions or comments regarding this Site, including any reports of non-functioning links, should be submitted using our email address help@sowntogrow.com, or via U.S. mail to Sown To Grow, Inc., 1721 Broadway #201, Oakland, CA 94612. We will try to respond in a timely manner.