Last Modified: January 25, 2024
These Terms of Use (the “Terms”) are entered into by and between you and Grow Sagely. Inc. (“Sagely, “we,” “us,” “our”). These Terms govern your access to and use of our website, including the https://www.growsagely.com/ (“Website”), and the mobile application, Sagely (“Application”), including any content, functionality, and services offered to you on or through the Website and the Application, whether as a guest or a registered user (“Website” and the “Application” are collectively referred to as “Sagely Platforms”).
Please read these Terms carefully before you start to use the Sagely Platforms. By registering for and using the Sagely Platforms in any manner, including but not limited to visiting or browsing the Website, you accept and agree to be bound and abide by these Terms, our Privacy Policy, and our End User License Agreement (if applicable) incorporated herein by reference. If you do not want to agree to these Terms or the Privacy Policy, you must not access or use the Sagely Platforms.
The Sagely Platforms is not offered and intended for use by individuals who are minors in the jurisdiction where they reside. By using the Sagely Platforms, you represent and warrant that you are of legal age to form a binding contract with Sagely and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Sagely Platforms.
Subject to your compliance with these Terms and our policies, we hereby grant you a limited, non-exclusive, non-transferable, non-sublicensable and revocable license to access and use the Sagely Platforms as contemplated under these Terms and our policies. You may not permit the Sagely Platforms to be used by or for the benefit of unauthorized third parties. Nothing in these Terms will be construed to grant you any right to transfer or assign rights to access or use the Sagely Platforms. All rights not expressly granted to you are reserved by us and our licensors. If you want to make commercial use of any of the Sagely Platforms, you must enter into a separate written agreement with us in advance.
We reserve the right to withdraw or amend the Sagely Platforms, and any service or material we provide on the Sagely Platforms, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Sagely Platforms are unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Sagely Platforms, or the entire Sagely Platforms, to users, including registered users.
You are responsible for making all arrangements necessary for you to have access to the Sagely Platforms. To access the Sagely Platforms, you may be asked to provide certain registration details or other information. It is a condition of your use of the Sagely Platforms that all such registration information you provide on the Sagely Platforms is correct, current, and complete. You agree that all information you provide to register with the Sagely Platforms or otherwise is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
Sagely Platforms allows you to create folders to add, submit, post, store, save, organize, distribute, and share links to a variety of resources, including research, articles, books, songs, videos, pictures, audio clips, software, graphics, scripts, information, data and other materials (“User Content”) that you can share with friends, acquaintances, and colleagues, who may also add, submit, post, store, save, organize, distribute, and share User Content as permit them, provided such use is consistent with these Terms. Similarly, you may add, submit, post, store, save, organize, distribute, and share the User Content of others as they permit you, provided such use is consistent with these Terms. You are solely responsible to ensure that you will only add, submit, post, store, save, organize, distribute, and share the User Content that you have the right to add, submit, post, store, save, organize, distribute, and share, and that such User Content does not infringe the intellectual property rights of others, or is otherwise unlawful. We reserve the right to take action against User Content that violates these Terms, including the User Content Standards, or our policies or where we are permitted or required by law, such as by removing, restricting, or limiting access to, or distribution of, the content. We can also suspend or terminate accounts of users who repeatedly or seriously infringe third-party intellectual property rights, violate the law, these Terms, or our policies, or where permitted or required to do so by law. We do not review all User Content before or after it is published on the Sagely Platforms and cannot ensure prompt removal of objectionable material. Accordingly, we are not responsible or liable to any third party for the content or accuracy of any User Content posted by you or any other Sagely Platforms user. You understand and agree that we retain the right to use, store, publicly perform or display, reproduce, save, modify, create derivative works, monetize, download, translate, and distribute your User Content.
The Sagely Platforms and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Sagely, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws, provided that the foregoing does not include User Content.
These Terms permit you to use the Sagely Platforms for your personal, non-commercial use, or in your professional capacity. You must not reproduce, distribute, modify, reverse engineer, decompile, disassemble, or create derivative works based on the Sagely Platforms, except as follows:
- Your device may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your Web browser for display enhancement purposes.
- You may print or download a reasonable number of pages of the Sagely Platforms for (a) your own personal, non-commercial use and not for further reproduction, publication, or distribution, and (b) purposes related to your professional capacity, provided that such use is permitted by an agreement.
- If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device for your own personal, non-commercial use.
The Sagely name, the Sagely logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Sagely or its affiliates or licensors. You must not use such marks without the prior written permission of Sagely. All other names, logos, product and service names, designs, and slogans on the Sagely Platforms are the trademarks of their respective owners.
You may use the Sagely Platforms only for lawful purposes and in accordance with these Terms. You agree not to use the Sagely Platforms:
- In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
- To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the terms laid out in these Terms.
- To impersonate or attempt to impersonate Sagely, a Sagely employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Sagely Platforms, or which, as determined by us, may harm Sagely or users of the Sagely Platforms, or expose them to liability.
Additionally, you agree not to:
- Use the Sagely Platforms in any manner that could disable, overburden, damage, or impair the Sagely Platforms or interfere with any other party's use of the Sagely Platforms, including their ability to engage in real time activities through the Sagely Platforms.
- Use any robot, spider, or other automatic device, process, or means to access the Sagely Platforms for any purpose, including monitoring or copying any of the material on the Sagely Platforms.
- Use any manual process to monitor or copy any of the material on the Sagely Platforms, or for any other purpose not expressly authorized in these Terms, without our prior written consent, with the exception of the User Content that you upload to the Sagely Platforms.
- Use any device, software, or routine that interferes with the proper working of the Sagely Platforms.
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Sagely Platforms, the server on which the Sagely Platforms are stored, or any server, computer, or database connected to the Sagely Platforms.
- Attack the Sagely Platforms via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Sagely Platforms.
These content standards apply to any and all User Content and use of the Sagely Platforms. User Content must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Content must not:
- Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
- Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
- Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms.
- Be likely to deceive any person.
- Promote any illegal activity, or advocate, promote, or assist any unlawful act.
- Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
- Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
If you believe that any User Content violates your copyright, please contact us at privacy@growsagely.com.
We have the right to:
- Terminate or suspend your access to all or part of the Sagely Platforms for any or no reason, including without limitation, any violation of these Terms.
- Take any action with respect to User Content that we deem necessary or appropriate in our sole discretion, including if we believe that such User Content violates these Terms, including the User Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Sagely Platforms or the public, or could create liability for Sagely.
- Disclose your identity or other information about you to any third party who claims that User Content uploaded by you violates their rights, including their intellectual property rights or their right to privacy.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Sagely Platforms.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone using the Sagely Platforms. You waive and hold harmless Sagely and its affiliates, licensees, and service providers from any claims resulting from any action taken by any of the foregoing parties during, or taken as a consequence of, investigations by either such parties or law enforcement authorities.
To the extent permitted by applicable law, the Sagely Platforms and all content on the Sagely Platforms is provided on an "as is" basis without warranty of any kind, whether express or implied. You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Sagely Platforms will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.
Sagely specifically disclaims any and all warranties and conditions of merchantability, fitness for a particular purpose, and non-infringement, and any warranties arising out of course of dealing or usage of trade.
Sagely takes no responsibility and assumes no liability for any User Content that you or any other person or third party submits, posts, adds, stores, saves, distributes or shares using the Sagely Platforms. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose.
We do not warrant that Sagely or any portion of the Sagely Platforms, or any materials or content offered through Sagely Platforms, are accurate, complete, or current, or will be uninterrupted, secure, or free of errors, viruses, or other harmful components.
We may make changes to the Sagely Platforms for various reasons. We will have no liability for any change to the Sagely Platforms or any suspension or termination of your access to, or use of the Sagely Platforms.
The limitations, exclusions, and disclaimers in this section apply to the fullest extent permitted by applicable law.
To the maximum extent permitted by law, we shall not be liable for any direct, indirect, incidental, special, consequential or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (a) your access to or use of or inability to access or use the Sagely Platforms; (b) any conduct or content of any third party on the Sagely Platforms, including without limitation, any defamatory, offensive or illegal conduct of other users or third parties; or (c) unauthorized access, use or alteration of your transmissions or content.
In no event shall our aggregate liability for all claims relating to your use of the Sagely Platforms exceed one hundred U.S. dollars (U.S. $100.00). The foregoing does not affect any liability that cannot be excluded or limited under applicable law.
You agree to defend, indemnify, and hold harmless Sagely, its affiliates, licensors, and service providers, and its respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or in any way connected with your breach of these Terms or your use of the Sagely Platforms. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without our prior written consent.
Sagely is not a content creator, and as such, we do not own any the content available on Sagely Platforms. We do not warrant the accuracy, completeness, or usefulness of the information available at the Sagely Platforms. Any reliance you placed on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Sagely Platforms, or by anyone who may be informed of any of its contents.
Sagely may terminate your right to access or use the Sagle Platforms for any violation of these Terms or for any reason whatsoever. Where required by law, we will provide you with a written notice of such termination. You may also terminate or delete your account at any time.
All information we collect on the Sagely Platforms is subject to our Privacy Policy. By using the Sagely Platforms, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
If the Sagely Platforms contain links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the content of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Sagely Platforms, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
All matters relating to the Sagely Platforms and these Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Rhode Island 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 these Terms or the Sagely Platforms shall be instituted exclusively in the federal courts of the United States or the courts of the State of Rhode Island, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
At Sagely's sole discretion, it may require you to submit any disputes arising from these Terms or use of the Sagely Platforms, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying the State of Rhode Island.
Any cause of action or claim you may have arising out of or relating to these terms or the Sagely Platforms must be commenced within the earlier of (a) one (1) year after the cause of action accrues, or (b) the statute of limitations for such cause of action; otherwise, such cause of action or claim is permanently barred.
No waiver by Sagely of any term or condition set out in these Terms 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 Sagely to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Sagely Platforms thereafter.
Your continued use of the Sagely Platforms following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
The Terms, ourPrivacy Policy, and if applicable, the End User License Agreement, constitute the sole and entire agreement between you and Sagely regarding the Sagely Platforms and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Sagely Platforms.
All notices of copyright infringement claims should be sent to help@growsagely.com. All other feedback, comments, requests for technical support, and other communications relating to the Sagely Platforms should be directed to help@growsagely.com.
