Terms of Service

The following terms and conditions ("Terms of Service") constitute a binding agreement between any person who accidentally or intentionally accesses the Grom-it website, www.grom-it.com, or downloads the Grom-it smartphone software application or other related Grom-it software ("User").

By using the Grom-it website and/or Grom-it software ("Services" or "Site" collectively), User signifies their assent to these Terms of Service. If User does not agree to all of these Terms of Service, they are advised not to use the Services. Please note that Grom-it may revise and update these Terms of Service at any time. User's continued usage of the Services will mean acceptance of those changes. User can review the most current version of the Terms of Service at any time by visiting this webpage. User is advised to check the Terms of Service from time to time for any updates or changes that may impact User.

a) The surfing and other related information presented by Grom-it and the Services are for educational, entertainment, and informational purposes only. Grom-it is not a surf training organization. We encourage and advise User to seek professional surfing training before beginning any surfing or related activity. Grom-it cannot provide you with surfing advice or help. Nothing that User may read, access, or that is otherwise provided to User by Grom-it or the Services should be construed as such advice or diagnosis of any health-related problem, condition or ailment related to surfing. Such information is not a substitute for physician consultation, evaluation, or treatment. The User must always consult his or her physician or other health-care professional about medical concerns related to surfing. Grom-it is not responsible for any medical, health problems or any other stress, strain or mental anguish that may result from the use of any information the User obtained from Grom-it or the Services.

The User agrees to hold harmless, Grom-it or any of its developers or any of its writers, employees, board members, affiliates or subsidiaries in any action that accrues from or by any information presented by Grom-it or its Services. Grom-it is not responsible for and does not guarantee the accuracy, reliability or currency of any information presented by Grom-it or its Services.

UNDER NO CIRCUMSTANCES SHALL GROM-IT, ITS DEVELOPERS OR ITS PROVIDERS BE LIABLE TO USERS OR ANY THIRD-PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS AND BUSINESS INTERRUPTION, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY FROM THE USE OF THE INFORMATION OR THE RESULTS OF THE USE OF THE INFORMATION PROVIDED BY GROM-IT OR ITS SERVICES, EVEN IF GROM-IT EXPRESSLY ADVISES OF THE POSSIBILITY OF SUCH

b) User acknowledges and agrees that if Grom-it disables access to its Services to User, User may be prevented from accessing the Services, account details, or any files or other content provided

c) In order to access the Services, User may be required to provide information (such as identification or contact details) as part of the registration process for the Services, or as part of User's continued use of the Services. User agrees that any registration information they provide to Grom-it will always be accurate, correct and up to date.

User agrees to use the Services only for the purposes that are permitted by:

1) these Terms of Service,

2) any applicable law, regulation or generally accepted practices and guidelines in relevant jurisdictions.

d) User agrees and understands that they are responsible for maintaining the confidentiality of passwords associated with any account(s) used to access the Services. Accordingly, User agrees that they will be solely responsible to Grom-it for all activities that occur under their account. If User becomes aware of any unauthorized use of your password or of their account, they agree to notify Grom-it immediately at [info@grom-it.com].

e) For information about Grom-it's data protection practices, please read Grom-it's Privacy Policy at https://www.grom-it.com/privacy-policy. This policy explains how Grom-it treats personal information, and protects privacy, when User utilizes the Services. User agrees to the use of their data in accordance with

f) All content presented by Grom-it, including text, graphics, illustrations, designs, logos, icons, photographs, video clips, digital downloads, data compilations, software, and other materials, are copyrighted materials belonging to Grom-it or other third parties and are protected by relevant copyright and trademark laws. The use of any third party trademarks and/or copyrighted material without express authorization from Grom-it and/or other attributed rights

g) User retains copyright and any other rights they already hold in content which User submits, posts or displays on or through the Services. By submitting, posting or displaying the content, User gives Grom-it a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any content which User submits, posts or displays on or through the Services.

h) User understands that Grom-it, in performing the required technical steps to provide the Services to its users, may: (i) transmit or distribute User's content over various public networks and in various media, and (ii) make such changes to User's content as are necessary to conform and adapt that content to the technical requirements of connecting networks, devices, services or media. User agrees that this license shall permit Grom-it to take such actions. User confirms to Grom-it that User has all the rights, power and authority to grant the above license.

i) User agrees that they are solely responsible for (and that Grom-it has no responsibility to User or to any third party for) any content that User creates, transmits or displays while using the Services and for the consequences of their actions (including any loss or damage which Grom-it

j) Grom-it gives User a personal, worldwide, non- assignable, royalty-free, and non-exclusive license to use the software provided to User by Grom- it as part of the Services as provided to User by Grom-it (referred to as the "Software" below). This license is for the sole purpose of enabling User to use and enjoy the benefit of the Services as provided by Grom-it, in the manner permitted by these Terms of Service.

k) User may not (and User may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile, or otherwise try to extract the source code of the Software or any part thereof, unless this is expressly permitted or required by law, or unless User has been specifically authorized by Grom-it in writing.

l) Unless Grom-it has given User specific written permission to do so, User may not assign (or grant a sublicense of) their rights to use the Software, grant a security interest in or over their rights to use the Software, or otherwise transfer any part of their rights to use the Software.

m) The Services may include hyperlinks to other web sites or content or resources. Grom-it may have no control over any web sites or resources which are provided by companies or persons other than Grom-it. User acknowledges and agrees that Grom-it is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources. User acknowledges and agrees that Grom-it is not liable for any loss, damage or injury which may be incurred by User as a result of the availability of those external sites or resources, or as a result of any reliance placed by User on the completeness, accuracy or existence of any advertising, products or other materials on or available from such web sites or resources.

n) Grom-it does not guarantee that the function of their Services will be uninterrupted or error- free or that its Services will be free of viruses or other harmful elements. Grom-it will not be liable for any loss or damage caused by distributed denial-of-service attacks, viruses or any other technologically harmful material that may infect the User's computer equipment, programs, data or other proprietary material due to the User's access/use of the Services or the User's downloading of any material posted on www.grom-it.com, or any website linked to it.

o) The use/display of third party trademarks and copyrighted content is solely for informational purposes only and Grom-it does not have any association/connection with them. Furthermore, it is Grom-it's policy to respond to notices of alleged copyright infringement that comply with3 applicable international intellectual property law (including, in the United States, the Digital Millennium Copyright Act) and to terminate the accounts of repeat infringers. If you believe that any materials on the Grom-it website or software infringe a copyright, please contact us at

p) USER EXPRESSLY UNDERSTANDS AND AGREES THAT THEIR USE OF THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." IN PARTICULAR, GROM-IT DOES NOT REPRESENT OR WARRANT TO YOU THAT: (I) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS; (II) YOUR USE OF THE SERVICES WILL BE UNITERRUPTED, TIMELY, SECURE OR FREE FROM ERROR; (III) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; OR (IV) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT USER'S OWN DISCRETION AND RISK AND THAT USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO USER'S COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOADING OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM GROM- IT OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE. GROM-IT FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENMT. USER EXPRESSLY UNDERSTANDS AND AGREES THAT GROM-IT AND ITS LICENSORS SHALL NOT BE LAIBLE TO USER FOR: (I) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS; (II) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY USER, INCLUDING BUT NOT LIMITED TO, LOSS OR DAMAGE AS A RESULT OF: (A) ANY RELIANCE PLACED BY USER ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN USER AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES; (B) MAKE CHANGES WHICH GROM-IT MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES); (C) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH USER'S USE OF THE SERVICES; (D) USER'S FAILURE TO PROVIDE GROM-IT WITH ACCURATE INFORMATION; AND (E) USER'S FAILURE TO KEEP USER'S PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL

q) In the event of any dispute, claim, question, or disagreement arising from or relating to this agreement or the breach thereof, the parties hereto shall use their best efforts to settle the dispute, claim, question, or disagreement. To this effect, they shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties. If they do not reach such solution within a period of 60 days, then, upon notice by either party to the other, all disputes, claims, questions, or differences shall be finally settled by arbitration administered by the American Arbitration Association in accordance with the provisions of its Commercial Arbitration Rules. These Terms of Service, and User's relationship with Grom-it under these Terms of Service, shall be governed by the laws of the Florida without regard to its conflict of laws provisions. Notwithstanding this, User agrees that Grom-it shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent relief) in any jurisdiction.

r) By submitting, posting or displaying the content you give Grom-it a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Content which you submit, post or display on or through, the Services.

s) User grants Grom-it a royalty-free perpetual license to use, reproduce, adapt, post, display, create derivative works, sell, license, or sub- license, any and all material(s) posted on the Grom-it website in any media now known or later invented without limitation, for commercial or non-commercial purposes.

t) User shall not release the materials submitted to Grom-it to any other publication in the same or substantially similar form, without prior written and explicit consent from Grom-it and/or

u) User agrees and certifies under oath that they have the complete permission, implicit or explicit, of their parent(s) and/or adult guardian(s) before accessing the Grom-it website and Services

v) We reserve the right to add special protections for minors (such as to provide them with an age- appropriate experience) and place restrictions on the ability of adults to share and connect with minors, recognizing this may provide minors a more limited experience on Grom-it.

w) We strongly recommend that minors 18 years of age or younger ask their parents for permission before sending any information about themselves to anyone over the Internet and we encourage parents to teach their children about safe internet use practices.

PRIVACY POLICY

Grom-it is deeply committed to your right to privacy and takes your privacy seriously. We have very strict privacy policies and we strive to keep your personal and financial information secure. Please note that this Privacy Policy only applies to the Grom-it website and software and does not apply to any other websites or software that you may access from the Site, each of which may have privacy policies that are materially distinct from this Privacy Policy. Information Collected: Grom-it may collect personally identifiable information from the Users of Grom- it as a condition precedent to use or access the Grom-it website (www.grom-it.com) or the Grom-it software (collectively known as "Services"). Personal information to be collected may include name, e-mail address, company name and telephone number. Grom-it will not provide to third parties any personal information received from any User. Cookies: Grom-it may serve third-party advertisements that use cookies and other web beacons in the course of ads being served on Grom-it to ascertain how many times you've seen an advertisement. No personally identifiable information you give to Grom-it will be provided to any third parties for cookie or web beacon use, so they cannot personally identify you with that information on Grom-it. Security: Wherever Grom-it will collect sensitive information (such as credit card data), that information will be encrypted and transmitted to the managers of Grom-it in a secure way. Grom-it takes precautions to insure that user account information is kept private. We use reasonable measures to protect user information that is stored within our database, and we restrict access to user information to those employees who need access to perform their job functions, such as our customer service personnel and technical staff. Please note that we cannot guarantee the security of user account information. Unauthorized entry or use, hardware or software failure, and other factors may compromise the security of user information at any time. Updating and Removing Information: Grom-it users may modify and remove any of their personal information at any time by logging into their account and accessing their profile and account settings. Links: Grom-it contains links to sites. Our site is not responsible for the privacy policies and/or practices on other sites. When linking to another site a user should read the privacy policy stated on that site. Modification: We reserve the right to change, modify, add or remove portions of this Policy at any time and without prior notice, and any changes will become effective immediately upon being posted unless we advise you otherwise. Therefore, Grom-it encourages users to periodically review this policy so that you will know what information we collect and how we use it.

COPPA Compliant Privacy Policy Addendum

The Children's Online Privacy Protection Act (COPPA) was signed into law on October 21, 1998 and is effective as of April 21, 2000. The purpose of COPPA is to regulate the online collection and use of personal information provided by and concerning children under the age of thirteen. On October 21, 1999, the Federal Trade Commission, pursuant to the requirements of COPPA, published final rules in the Federal Register implementing COPPA. The Rules set forth the specific manner in which entities are expected to comply with, and how the FTC will enforce, COPPA. Services are devoted to the Users' common pastime, surfing. We welcome new members who are Services are overseen by Moderators. If a Moderator sees any obscene material posted, they can immediately delete it. Keep in mind that a Moderator may not be 'Online' at any given time. But, be assured that our Users will report any "off" content they see to the Site Administrator's. They do not like Services have "Word Censor" enabled. This database 'looks' for words that may be deemed to be offensive. The system will not allow the content to be posted. This also applies to usernames. However, it is not foolproof, and sometimes something will slip through. We try to be careful in adding words to the database. Certain words, when used in the proper context, may be fine. We do not allow new user accounts or groups to be created by children under 13. However, if you are aware that your young child is using our service and would like their account terminated, please contact us immediately. Expect a response within 24 to 48 hours.

We strongly suggest that you installed and use "Parental Controls" for your web browser. It's always a good idea to monitor your child's use of the Internet. "Child" means a child that is under the age of 13.

We reserve the right to amend this policy at any time. Please check this page periodically for changes. We will post a notice on this website if and when this policy changes to alert visitors that a new policy is in place. If you have questions, comments or concerns about any of our privacy policies or practices, or to raise any other issue related to privacy, you may contact Grom-It at info@grom-it.com.