Terms of Service
TERMS OF SERVICE: commongrove.com (the “Site") offers a variety of on-line sites, systems resources and services (collectively the “Services"). By accessing the Site and/or using the Services, you agree to be bound by the following terms and conditions (the “Terms of Service"), as well as our privacy policy (incorporated here by reference) and all other applicable laws, statutes, ordinances and regulations concerning your access of the Site and/or use of the Services. You further acknowledge that these Terms of Service are binding between you and us, Clean Planet, Inc., the owner of commongrove.com, and set forth the rights and obligations regarding the access of the Site and/or use of the Services.
We may revise these Terms of Service at any time by posting revised terms on this Site. Unless we expressly state otherwise, such revised terms take immediate effect. Please note that it is your responsibility to check these Terms of Service before each use of the Services.
YOUR RESPONSIBILITIES AND REGISTRATION OBLIGATIONS: In order to use the Services, you may be required to register on the Site and agree to provide complete and accurate information when requested. Registered users on the Site are required to formally accept these Terms of Service. You are responsible to maintain the confidentiality of your password and you are responsible for all uses of the Services via your registration materials and/or login information, whether or not authorized by you. You agree to notify us immediately of any improper or unauthorized use of your registration materials and/or login information. Failure to immediately notify us of any improper or unauthorized use of your registration materials and/or login information is considered a breach of these Terms of Service and, at our discretion, may preclude you from any future use of the Services.
RESPONSIBILITY FOR CONTENT: You agree that all information or data of any kind, whether text, software, code, music or sound, photographs or graphics, video or other materials ("Content"), publicly or privately provided and accessible through the Site, shall be the sole responsibility of the person providing the Content or the person whose user account is used to deliver Content to the Site. We shall not be responsible to you in any way for the Content that appears on this website nor for any error or omission pertaining to such Content.
CONTENT SUBMISSION AND PROPER USE:
By providing any Content to the Site, you:
(a) agree to grant us a worldwide, royalty-free, perpetual, non-exclusive right and license to use, display, reproduce, modify, adapt, publish, distribute, perform, promote, archive, and translate such Content, and to create derivative works and compilations, in whole or in part from such Content. Such license will apply with respect to any form, media or technology for the display of Content now known or later developed;
(b) warrant and represent that you have all legal rights that may be necessary to grant us the license set forth in subsection (a);
(c) acknowledge and agree that we shall have the right (but not the obligation), in our sole discretion, to refuse to publish or to remove or block access to any Content you provide to the Site at any time and for any reason, with or without notice;
(d) warrant and represent that you have all rights necessary to publish, post or otherwise use the information you request to be posted to the Site;
(e) agree that we shall be free to use any ideas, concepts, know-how or techniques contained in your Content for any purpose whatsoever including, without limitation, publication on the Site, or other commongrove.com publications/broadcasts, and developing, manufacturing, and marketing products using such information, and we shall have no obligation to compensate you for such use in any manner;
(f) agree that we exclusively reserve the right to and may, at any time and without notice and any liability to you, modify or discontinue this Site and the Services or delete the Content you provide, whether temporarily or permanently. We shall have no responsibility or liability for the timeliness, deletion, failure to store, inaccuracy, or improper delivery of any data or information provided through or associated in any way with us or associated entities;
You agree, in using the Services and/or providing Content, that you shall not:
(i) provide any Content or engage in any conduct that may be unlawful, illegal, threatening, harmful, abusive, harassing, stalking, tortious, defamatory, libelous, vulgar, obscene, offensive, objectionable, pornographic, designed to or does interfere or interrupt this website or any service provided, infected with a virus or other destructive or deleterious programming routine, give rise to civil or criminal liability, or which may violate an applicable local, national or international law;
(ii) impersonate or misrepresent your association with any person or entity, or forge or otherwise seek to conceal or misrepresent the origin of any Content provided by you;
(iii) collect or harvest any data about other users;
(iv) provide or use this website and any Content or service in any commercial manner or in any manner that would involve junk mail, spam, chain letters, pyramid schemes, or any other form of unauthorized advertising;
(v) violate any applicable local, national, or international law, statue, rule, ordinance or regulation;
(vi) post or transmit any Content that you do not have the right to post or transmit under any law, contractual duty or fiduciary relationship;
(vii) post or transmit any Content that infringes a third party’s intellectual property rights, rights of publicity or privacy;
(viii) post or transmit any Content that is unlawful, untrue, fraudulent, harassing, libelous, defamatory, abusive, obscene, tortuous, threatening, harmful (including but not limited to viruses, corrupted files, or any other similar software or programs), designed to elicit responses that relate to illegal activity, or otherwise objectionable;
(ix) access, tamper with or use non-public areas of the Site. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution;
(x) gather and use information, such as other users’ usernames, real names, email addresses, available from the Site to transmit any unsolicited advertising, “junk mail”, “spam”, or “chain letters;”
(xi) post false or misleading information about a product or service.
commongrove.com also reserves the right to refuse access to the Services to anyone at any time without notice for any reason, to modify or suspend the Site (or any part thereof) or to remove any Content with or without notice. commongrove.com will not be responsible or liable for the exercise or non-exercise of its rights under this Agreement.
INTERNATIONAL USE: Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Without limiting this general obligation, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
ACCESS AND INTERFERENCE: Much of the information on the commongrove.com website is updated on a real time basis. You agree that you will not use any robot, spider, scraper or other automated means to access the Services for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on the site; (ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any Content from the Site without our prior expressed written permission and the appropriate third party, as applicable; (iii) interfere or attempt to interfere with the proper working of the Services; or (iv) bypass any measures we may use to prevent or restrict access to the Services.
PRIVACY POLICY: Click here to review the commongrove.com Privacy Policy which is incorporated here by reference.
ADVERTISERS AND MERCHANTS: Your business dealings or communications with advertisers and/or merchants found on the Site or through your use of the Services are solely between you and such advertiser and/or merchant. You agree that commongrove.com shall not be responsible or liable for any loss or damage incurred as a result of such dealings.
LINKED CONTENT: WE ASSUME NO RESPONSIBILITY FOR THE CONTENT OF ANY WEB SITE LINK REFERENCED IN THE SITE OR ARISING OUT OF YOUR USE OF THE SERVICES. IN THE EVENT YOU HAVE A DISPUTE WITH THE OWNERS OF SUCH OTHER WEBSITES, YOU RELEASE US, CLEAN PLANET, INC., THE OWNERS OF COMMONGROVE.COM (AND OUR PARENT, SUBSIDIARIES, AFFILIATES, RELATED PARTIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INDEPENDENT CONTRACTORS, ADVERTISERS, PARTNERS, AND CO-BRANDERS) FROM CLAIMS, DEMANDS AND DAMAGES OF EVERY KIND AND NATURE ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
INDEMNIFICATION: You agree to indemnify, defend, and hold us, the owner of commongrove.com (and our parent, subsidiaries, affiliates, related parties, officers, directors, employees, agents, independent contractors, advertisers, partners, and co-branders) harmless, from financial liabilities associated with any and all claims or demands, including reasonable attorney’s fees, that may be made by any third party, that arises from or relates to your use of this Site or the Services, your provision of Content, or your violation of these Terms of Service.
INTELLECTUAL PROPERTY: You acknowledge and agree that the Site, the Services, and the Content provided by us and our licensors is protected by proprietary rights throughout the world, including but not limited to copyrights, trademarks, trade secrets, service marks or patents (called “Intellectual Property Rights"). These Intellectual Property Rights are valid and protected in all forms, media and technologies existing now or developed later. All right, title and interest in and to our website, the Services, and such Content, including but not limited to all Intellectual Property Rights, belong solely and exclusively to the owners of commongrove.com or its licensors. Nothing contained in this Site should be construed as granting, by implication, estoppel or otherwise, any license or use rights in or to the Site, the Services or Content.
Copyright law limits your right to reproduce, use, sell, transmit, publish, broadcast, or otherwise disseminate or distribute Content from this website to anyone, including but not limited to others in the same company or other organization, whether or not for a charge or other consideration, including but not limited to use in connection with the sale, retransmission, distribution, publication, broadcasting, circulation or other dissemination, for any purpose, whether commercial or otherwise, without the express prior written permission of the copyright owner or the owners of commongrove.com. You further agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Content or the Services, in whole or in part, without the express prior written permission of the copyright owner or the owners of commongrove.com.
DISCLAIMER OF WARRANTIES: THE SERVICES, AND ALL MATERIALS AND INFORMATION INCLUDED IN THE SERVICES ARE PROVIDED “AS IS,” WITH NO WARRANTIES WHATSOEVER. WE, THE OWNERS OF COMMONGROVE.COM, AND ITS LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. WE, THE OWNERS OF COMMONGROVE.COM, AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SERVICES.
LIMITATION OF LIABILITY: UNDER NO CIRCUMSTANCES SHALL WE, THE OWNERS OF COMMONGROVE.COM, OR OUR LICENSORS BE LIABLE TO ANY USER ON ACCOUNT OF THE USE OR MISUSE OF, OR RELIANCE ON THE SERVICES. THIS LIMITATION OF LIABILITY PREVENTS RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE. SUCH LIMITATION OF LIABILITY SHALL APPLY TO CLAIMS BASED ON THE INABILITY TO USE THE SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH THE SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH THE SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE SERVICES. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
REFUND POLICY: You may seek a full refund within ninety (90) business days unconditionally of your purchase made on the Site. All products must be returned undamaged prior to your refund being processed. Processing of refunds make take up to 30 days.
MISCELLANEOUS PROVISIONS: These Terms of Service will be governed by and construed in accordance with the laws of the State of Michigan, without giving effect to its conflict of laws provisions or your actual state or country of residence. You consent and submit to the exclusive jurisdiction and venue of the federal and states courts sitting in Oakland County, Michigan.
These Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.
Any waiver of any provision of the Terms of Service will be effective only if such waiver is in writing and signed by one of our authorized representatives. Our waiver of any provision of these Terms of Service or of a breach by you of any provision of these Terms of Service shall not be deemed a waiver of future compliance with these Terms of Service and such provision, as well as all other provisions of these Terms of Service, shall remain in full force and effect.
If, for any reason, a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect.