Growing Curiosity, LLC, a Utah limited liability

Welcome to www.GrowingCuriosity.com (the “Site”). The Site is the property of, and is operated by, Growing Curiosity, LLC, a Utah limited liability company (hereinafter “Growing Curiosity” or “we”, “our”, “us”, etc.). We request all visitors to, or users of, the Site (“You”) to carefully review this Site’s terms of use (“Terms of Use”) and the Privacy Policy before continuing to access or use the Site. Please click on the link to review our Privacy Policy, which is incorporated herein by reference. By accessing or using the Site, You accept to be legally bound by all these Terms of Use and the Privacy Policy. If You do not accept these Terms of Use, You are not permitted to use the Site and You must discontinue access or use of the Site.

Membership Terms and Conditions

Generally. Memberships to join Growing Curiosity offer members-only benefits and privileges like a six-week educational courses, small group support, bi-weekly online group sessions, events, networking, and access to a growing community of women Members may enroll in Growing Curiosity by completing the required information on the Site and paying a fee.

Payment. Every Member agrees to pay applicable fees as established by us and as may be adjusted from time to time in our sole discretion.

Term. Memberships are annual and valid from the date of the first payment paid unless otherwise cancelled.

Cancellation of Membership. Memberships may be cancelled for any reason by going to Your profile on the Site and choosing “Cancel Membership” or by contacting membership@growingcuriosity.com. When cancelling a Membership that is paid monthly, all future charges associated with the future months will be cancelled. Cancellation will be effective at the end of Your current billing period. Members will continue to have access to their Membership through the end of the current billing period. When cancelling a Membership that has been paid in full for the year, You will receive a refund for all future months remaining but shall not receive a refund for the current month. Cancellation will be effective at the end of the current month. Members will continue to have access to their Membership through the end of the current month. Growing Curiosity reserves the right to revoke a Membership if at any time Growing Curiosity in its sole discretion determines that there is non-payment of the membership fee or the Member has violated the spirit and/or terms of membership or these Terms of Use.

Proprietary Content, Third Party Content and Trademarks

Proprietary Content. All right, title and interest in and to the Site and all of its content, including, but not limited to, its software or HTML code and other computer code contained therein, trademarks, copyrights, text, articles, graphics, user interfaces, visual interfaces, scripts, artwork, photographs, images, designs, video, audio and written materials and other materials that appear as part of the Site (collectively, “Content”) are owned by Growing Curiosity, its subsidiaries or affiliates, and/or their licensors. All Content is protected by national and international intellectual property laws, including, but not limited to, rights relating to or in the nature of patent rights, copyrights, trade secrets, trade names, trademarks, service marks, moral rights, know-how and any other similar intellectual property rights recognized under applicable laws, international conventions or international treaties in any country or jurisdiction in the world.

Growing Curiosity will have the right to claim ownership at any time of its proprietary Content published on the Site and to oppose any use of its proprietary Content that is not expressly permitted by Growing Curiosity.

Third Party Content. The Site may contain content created by third parties, information obtained from public sources and/or links to external web sites or web pages operated by third parties (the “Third Party Content”). You acknowledge and agree that Growing Curiosity does not have any control and cannot monitor such Third Party Content and will not be responsible or liable for the accuracy, security, legality or reliability of any Third Party Content. Access to any Third Party Content is at Your own risk, and Growing Curiosity will have no liability to You for any loss or damage that You may suffer (including, but not limited to, any loss or damage to Your computer equipment) arising out of or related to Your access or use of, or reliance on, any Third Party Content or caused by or in connection with any purchase of products or services available on or through any such Third Party Content.

Growing Curiosity Trademarks and Logos. All trademarks, trade names, service marks, logos, brand names and product names included on the Site are the exclusive properties of Growing Curiosity, its subsidiaries or affiliates, or used with the permission of their respective owners (“Trademarks”). These Terms of Use do not allow You to use the Trademarks in any manner whatsoever, without the express prior written consent of Growing Curiosity.

Your Use of the Site

Non-Permitted Uses. You are permitted to use the Site and the Content for Your private, personal and non-commercial use only, and always in compliance with these Terms of Use. You may not and may not permit, assist or allow any third party to:

i. copy, reproduce, publish, transmit, distribute, perform, upload, post, publicly display, encode, translate, modify, alter or create derivative works from, sell, license or otherwise distribute this Site or any Content, including, but not limited to, mirroring, framing or linking to any other computer, server or website;

ii. access or use this Site or any Content for any commercial purposes, including any advertising or advertising revenue generation activity on Your own website;

iii. use any deep-link, page-scrape, robot, spider or any other automatic or manual processes, to access, acquire, copy or monitor the Site or any Content or any portion thereof, or in any way reproduce the structure or presentation of the Site or any Content, or circumvent any copy-protection devices, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site;

iv. access or attempt to access any portion or feature of the Site that You are not allowed to access without authorization, or any other systems or networks connected to the Site or any Growing Curiosity server, by hacking, password mining or any other illegitimate means. You may not use anyone else’s password or Account (as defined below) at any time without the express permission and consent of the holder of that password or Account;

v. (1) probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach any security or authentication measures on the Site; (2) reverse look-up, trace or seek to trace any information on any other user of, or visitor to, the Site; (3) exploit the Site or any service or information made available or offered by or through the Site; or (4) use the Site or the Content for any unlawful purposes or for any purposes not allowed by these Terms of Use or for soliciting the performance of any illegal activity or for any other activity which infringes the rights of Growing Curiosity or others; or

vi. take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site, or any systems or networks connected to the Site. You agree not to use any device, software or routine to interfere, or attempt to interfere, with the proper working of the Site or with any other person’s use of the Site.

Any other use of the Content or material on this Site, including reproduction for the purposes other than Your private, personal and non-commercial use, modification, distribution or republication, without the express prior written consent of Growing Curiosity, is strictly prohibited. Your limited right to use the Content and the Site terminates automatically, without notice to You, if You breach any of these Terms of Use.

Registration and Accounts. You acknowledge and agree that to access certain locations or features of the Site, You may need to register and open an account (“Account”, a/k/a “Membership”). Thereafter, You may need to provide certain Personal Information (as defined in the Privacy Policy), as well as a username and a password, in order to access such locations or features of the Site. You are responsible for maintaining the confidentiality of Your username and password, and You will be responsible for all activities that occur under Your Account or username. You agree to (i) notify Growing Curiosity immediately if You discover that Your Account or username is being used by a third party without Your consent or of any other breach of security; and (ii) ensure that You exit from Your account at the end of each session.

Growing Curiosity cannot and will not be liable for any loss or damage arising from Your failure to comply with these obligations. You acknowledge and agree that Internet transmissions are never completely private or secure and that any message or information You send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

Growing Curiosity may at any time and at its sole discretion, cancel Your account or take appropriate measures to suspend Your access or use of the Site for security or maintenance purposes or if Growing Curiosity has reason to believe that You are breaching these Terms of Use. Growing Curiosity may also cancel Your account if Growing Curiosity has reason to believe that a third party is using Your account without Your consent.

Use of Information

i. Your information may be used in different ways, including, but not limited to, the following:

ii. We may use Your contact information to send You email or other communications regarding updates to the Site, such as new Growing Curiosity events or courses which may be of interest to You.

iii. We may use the information we gather on the Site, whether personal, demographic, collective or technical, for the purpose of operating and improving the Site, fostering a positive user experience, and delivering the services that we offer.

iv. We may also use the information we gather to inform You of other products or services available from Growing Curiosity or our affiliated companies or to contact You about Your feedback on current products and services or potential new products and services that may be offered.

v. Any feedback You submit becomes the property of Growing Curiosity, and such feedback (such as success stories) may be used for marketing purposes or to contact You for further information.

While Growing Curiosity encourages any third parties involved to adhere to our policies regarding the privacy of our Members (as defined herein) and to otherwise handle Personal Information in a responsible manner, we cannot and do not assume any responsibility for any actions or omissions of third parties, including the manner in which they use information received either from Growing Curiosity or independently. Nevertheless, in the event You encounter any third party associated with, or who claims association with Growing Curiosity, whom You feel is improperly collecting or using information about You, please contact privacy@growingcuriosity.com .

Privacy and Security

Privacy. Personal Information that You are required to provide to Growing Curiosity through the Site shall be subject to the Privacy Policy, available and downloadable on the Site. Except as otherwise set forth in the Privacy Policy, You are responsible for maintaining the confidentiality of Your Personal Information. Your privacy and the privacy of all of our other visitors who have accepted to be bound by the Terms of Use (“Members”) is very important. The Privacy Policy is incorporated by reference herein and by accepting to be bound by the Terms of Use You are also accepting to be bound by the Privacy Policy.

Security. Growing Curiosity has implemented reasonable technical and organizational measures designed to secure Your Personal Information from accidental loss and from unauthorized access, use, alteration or disclosure. Information is stored in a back-end database. Only Growing Curiosity employees and website administrators have access to this information. However, we cannot guarantee that unauthorized third parties will not be able to access this information and use Your Personal Information for improper purposes, and Growing Curiosity will not be liable for any loss or damage resulting from any such unauthorized use.

Publication Terms and Conditions

If any portion of the Site becomes available where Members may participate, either by posting or reading content (“Publication Forums”), then such Publication Forums are for the use of Members only. The information and opinions presented within any publication forums are subject to change without notice. Neither Growing Curiosity nor any affiliated or associated companies, nor any of their directors, representatives or employees accepts liability, or may be held accountable for any loss arising from the use of this information. Such Publication Forums may be hosted through a third-party provider or application, and Growing Curiosity disclaims any responsibility for any content posted through any third-party provider or application. While Growing Curiosity seeks to maintain the functionality of all pages of the Site at all times, we cannot guarantee that the publication forums will be accessible and/or in proper working order at all times. Members are encouraged to contact communications@growingcuriosity.com if any difficulties are encountered while using the Site.

Members are responsible for all content that they upload, post, email, or otherwise transmit. Members agree not to post or transmit any material which would violate or infringe upon the rights of any person or entity, or which would give rise to criminal or civil liability, nor will they post or transmit any material protected by copyright or trademark without the written consent of the owner. While Growing Curiosity continually monitors the Site, we cannot guarantee the accuracy, integrity or quality of this material. Growing Curiosity takes reasonable steps to preserve the quality of the publication forums. We reserve the right to delete any content for any reason at any time, without prior notice.

Jurisdiction and Local Restriction

Your data will be stored and processed in whole or in part in the State of Utah, United States. If You access the Site outside the United States, Your usage of the Site constitutes Your consent to the transfer of Your data out of Your country and to the State of Utah, United States.

The Site is not directed to any person in any jurisdiction where (by reason of that person's nationality, residence or otherwise) the publication or availability of the Site is prohibited by law or otherwise, including but not limited to persons residing in the European Union. Persons or other entities to whom such prohibitions apply must not access the Site.

Changes to the Terms of Use and the Site

Growing Curiosity reserves the right to change, modify, revise, add or remove portions of these Terms of Use by updating this posting, at any time and without prior notice to You. You are responsible for checking this page periodically for changes and updates to the Terms of Use. If You do not agree to any such change, You must discontinue the access or use of the Site. Your continued use of the Site after the posted changes to the Terms of Use will be deemed an acceptance of such changes.

Compliance with the Terms of Use and Indemnity

You represent and warrant that (i) You have the power and authority to enter into these Terms of Use; and (ii) Your use of the Site will comply with these Terms of Use. You agree to indemnify and hold harmless, and at Growing Curiosity’s option, defend Growing Curiosity, and any of its subsidiaries and affiliates, and its and their officers, directors, partners, members, managers, shareholders, employees, agents, attorneys, representatives, contractors, suppliers, licensors, successors and assigns from all damages, costs, liabilities, suits, judgments, penalties, expenses, obligations, losses, claims, demands, actions, costs and expenses (including, but not limited to, attorneys’ fees and expenses), relating to, or arising out of, any breach of these Terms of Use or any use of the Site by You. We may assume exclusive control of any defense or any matter subject to indemnification by You, and You agree to cooperate with us in such event.

Feedback, Submissions and Other Communications

Any feedback, articles, content, publications, comments, suggestions, ideas and/or other similar information, including but not limited to profiles, messages, boards or forums (collectively, “Communications”), that You submit to the Site shall not be treated by Growing Curiosity as confidential or proprietary. Growing Curiosity reserves the right to use such Communications on an unrestricted basis. You hereby grant Growing Curiosity and its affiliates an irrevocable, non-exclusive, sublicensable (through multiple tiers), worldwide, perpetual, fully paid-up and royalty-free right to use and generally exploit any such Communications and any ideas, concepts, know how or techniques contained in such Communications that You send through the Site, insofar as it does not violate any other part of these Terms of Use or the Privacy Policy. You also warrant that the holder of any rights, including moral rights in such Communications, has completely and effectively waived all such rights and validly and irrevocably granted to You the right to grant the license stated above. You also permit any Member to generally use such content for personal use. Subject to the foregoing, the owner of such Communications placed on the Site retains any and all rights that may exist in such Communications.

Disclaimer of Warranties

The use of the Site is at Your own sole risk, and You are entirely responsible for Your use of the Site and any linked sites. Growing Curiosity takes reasonable measures to protect the Site and the Content from viruses and defects but cannot guarantee that Your computer equipment, hardware or software or any data stored or created by Your computer equipment, hardware or software (collectively, “Equipment”) will not be damaged, corrupted, lost or otherwise affected if You access or use the Site or any Content. Without limiting the foregoing, Growing Curiosity shall not be held responsible for any unauthorized changes to the Content.

No advice or information, whether oral or written, obtained by You from Growing Curiosity or through or from the Site shall create any warranty not expressly stated in the Terms of Use.

Growing Curiosity does not control or pre-screen the information, text, data, links, articles, software, photographs, graphics, video, music, sound, messages, or other material posted by Members on the Site or sent to another user via the Site (“User Content”) and, as such, does not guarantee the accuracy, integrity, appropriateness, or quality of such User Content. The User Content posted by Members or other third parties does not necessarily represent the views or opinions of Growing Curiosity and under no circumstances will Growing Curiosity be liable in any way for any User Content, including, but not limited to, any loss or damage of any kind incurred as a result of the use of any User Content posted, emailed, or otherwise transmitted via the Site. Growing Curiosity makes no representations or guarantees regarding the truthfulness, accuracy, completeness, timeliness or reliability of any information posted on the Site, or of any other form of communication engaged in by users of the Site. Posted information may contain inaccuracies or typographical errors. You agree that any reliance on information posted by users of the Site, or on any other form of communication with users, will be at Your own risk. Please refer to our Privacy Policy concerning prohibited User Content.

The Site and the Content are delivered on an “AS-IS” and “AS AVAILABLE” basis. GROWING CURIOSITY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE AND THE CONTENT, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF ACCURACY, COMPLETENESS, TIMELINESS, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

Growing Curiosity further disclaims any and all liability for the acts, omissions, or conduct of any third parties in connection with or related to Your use of the Site, including, without limitation, any liability for any Third Party Content or other third party information available on or through the Site, or any unauthorized use or access by third parties of Your Account.

Growing Curiosity does not warrant that the Site or any Content, service or feature of the Site will be uninterrupted, timely or secure, that there will be no virus, destructive features or that any defects will be corrected, or that Your use of the Site will provide specific results. Growing Curiosity reserves the right to change, suspend or interrupt the functionality of the Site and the Content at any moment without notice.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GROWING CURIOSITY SHALL IN NO EVENT BE LIABLE TO YOU FOR ANY DAMAGE ARISING OUT OF YOUR USE OF THE SITE AND/OR CONTENT OR ANY INFORMATION CONTAINED THEREIN, WHETHER FORESEEABLE OR UNFORESEEABLE, INCLUDING, WITHOUT LIMITATION, ANY LIABILITY FOR (I) ANY LOSS OF OR CORRUPTION OR UNAUTHORIZED ACCESS TO DATA; (II) LOSS OF OR DAMAGE TO YOUR EQUIPMENT; (III) ANY RELIANCE ON THE INFORMATION CONTAINED ON THE SITE; OR (IV) ANY OTHER LOSS OR DAMAGE SUFFERED BY YOU AS A RESULT OF YOUR USE OF THE SITE.

NOTWITHSTANDING ANY OTHER TERM OF THESE TERMS OF USE TO THE CONTRARY, ANY LIABILITY OF GROWING CURIOSITY, LLC FOR ANY CLAIM OF YOURS IS STRICTLY LIMITED TO THE AMOUNT PAID BY YOU FOR THE CURRENT TERM OF YOUR MEMBERSHIP, IF ANY.

NOTHING IN THESE TERMS OF USE EXCLUDES OR LIMITS GROWING CURIOSITY 'S LIABILITY TO YOU FOR FRAUD OR GROSS NEGLIGENCE OR FOR ANY OTHER LIABILITY WHICH MAY NOT BE EXCLUDED OR LIMITED UNDER ANY MANDATORY PROVISION OF APPLICABLE LAW.

General Terms

These Terms of Use are governed by the laws of the State of Utah without regard to its conflict of law provisions. The state and federal courts in Utah shall have personal and exclusive jurisdiction over any disputes arising out of the use of the Site and/or in connection with these Terms of Use, save for any right under mandatory provisions of applicable laws that establish legal proceedings in the place of residence or domicile of the users. These Terms of Use set forth the complete agreement between You and Growing Curiosity with respect to Your use of the Site and supersede and replace any prior understanding, whether oral or in writing. The failure of Growing Curiosity to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Use shall remain in full force and effect.

Alternative Dispute Resolution

The parties agree that in the event of a claim or dispute arises under or related to this agreement the parties shall first seek resolution exclusively through mediation through a mediator mutually agreed to by the parties.

If resolution of the dispute is not reached through mediation, then any dispute relating in any way to your visit to the Site or to products or services you purchase through the Site shall be submitted to confidential arbitration in Salt Lake City, Utah, of the United States of America, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the state of Utah, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under these terms and conditions of use shall be conducted by one arbitrator under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these terms and conditions of use shall be joined to an arbitration involving any other party subject to these terms and conditions of use, whether through class arbitration proceedings or otherwise.

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