Updated August 13, 2025 (the “Effective Date”)
IMPORTANT: THESE TERMS CONTAIN A MANDATORY ARBITRATION PROVISION AND CLASS ACTION WAIVER THAT AFFECT YOUR LEGAL RIGHTS. PLEASE REVIEW SECTION 13 CAREFULLY.
These Terms of Service (“Terms”) are a binding agreement between you and Bota Solutions, LLC, a Washington limited liability company doing business as Grow Senior Living (“Grow Senior Living,” “we,” “us,” or “our”).
We reserve the right to update or modify these Terms at any time. All changes are effective immediately when posted to our website unless otherwise stated. For purposes of these Terms, the “Effective Date” means the date shown at the top of this document.
The Offerings (the Platform and Services) include proprietary content, configurations, and trade secrets that are protected by intellectual property and other applicable laws. Use of the Offerings is licensed to you for your internal business purposes only, and subject to these Terms.
The Offerings are not available for access or use by competitors of Grow Senior Living (see Section 6.5, Competitor Exclusion and Trade Secret Protection). You may permit third-party service providers or contractors to access your account solely to assist you in your internal business use, provided they comply with these Terms and do not retain, repurpose, or redistribute our proprietary content.
Key Definitions
For purposes of these Terms:
By accessing or using the Platform or Services, or by continuing to use them after updates to these Terms are posted, you agree to be bound by these Terms. If you do not agree, you must immediately stop using the Platform and Services.
1.1 Applicability to Existing Customers
These Terms apply to all current and future customers of Grow Senior Living. If you became a customer before these Terms were first published, your continued use of the Platform or Services after the Effective Date constitutes your agreement to these Terms.
2.1 Eligibility and Account Ownership.
You must be at least 18 years old to use the Platform. By creating an account or using the Platform, you represent that you have the authority to enter into this Agreement personally or for your business. If you register on behalf of a business, that business is the account owner. You must provide accurate and complete information when registering and keep it up to date.
2.2 Lawful Use and Compliance Responsibilities.
You are fully responsible for your own use of the Platform and the actions of your employees, contractors, and anyone you allow to access your account. We make reasonable efforts to provide features that can be used in a legally compliant manner, but it is your responsibility to understand and comply with the laws and regulations of the jurisdiction(s) where you operate. This includes, without limitation, laws relating to privacy, data protection, marketing consent (e.g., the Telephone Consumer Protection Act, CAN-SPAM Act, and Do Not Call rules), call recording disclosures, and any other applicable local, state, federal, or international requirements.
2.2 (A) Customer Responsibilities: You are solely responsible for (a) obtaining and maintaining all required consents from your customers, contacts, or end users, (b) ensuring that your content and use of the Offerings comply with all applicable laws, and (c) ensuring that your content does not infringe or misappropriate the intellectual property, privacy, or other rights of third parties.
2.2 (B) HIPAA Compliance: The standard Platform configuration is not set up to be compliant with the Health Insurance Portability and Accountability Act (HIPAA). We do not recommend storing Protected Health Information (PHI) or other HIPAA-sensitive details in the Platform unless you have upgraded to our HIPAA-compliant version. You are solely responsible for evaluating HIPAA compliance in every respect and ensuring all use of the Platform meets applicable law. Our marketing materials, feature lists, or demonstrations should not be interpreted as an endorsement of non-HIPAA-compliant use. Contact our sales team for information about HIPAA-compliant upgrade options.
2.2 (C) Artificial Intelligence (AI). You may have access to features that use Artificial Intelligence (“AI”) as defined in Key Definitions. You are solely responsible for determining when and how to use AI features and for providing any legally required disclosures. You may not use AI features in any manner prohibited by law, including unlawful discrimination, unlicensed professional advice, or dissemination of false or misleading information. AI outputs may be inaccurate, incomplete, or require human review. We make no representations or warranties as to the accuracy, originality, or fitness for a particular purpose of AI-generated content, and you remain fully responsible for any reliance on or use of such content.
2.2 (D) Configuration and Compliance Disclaimer: Our team may assist you in configuring features within the Platform, including but not limited to Artificial Intelligence–powered tools, call recording, and marketing automation. By providing configuration assistance, we do not represent or warrant that any feature, setup, or workflow is compliant with the laws or regulations of your jurisdiction. Due to the wide variation in legal requirements across jurisdictions, you are solely responsible for evaluating and ensuring that the features we configure are lawful for your intended use. Our configuration services are based on general marketing and operational best practices to the best of our knowledge, but they are not a substitute for legal review. If you determine that any feature is non-compliant in your jurisdiction, our support team can assist in disabling or modifying that feature to the extent the Platform allows. Such changes will be made based on your instructions and subject to your review and approval. We do not guarantee that all requested changes can be implemented, nor do we accept liability for your use of any features before or after modification.
2.3 Customer Privacy and Data Responsibilities
You must have your own privacy policy and obtain all necessary permissions from your customers before collecting, using, or sharing their data through the Platform. You are solely responsible for your data and content, including its accuracy and legality.
2.4 Data Security and Account Credentials
We implement commercially reasonable measures designed to protect the security of your data within the Platform; however, no method of transmission or storage is completely secure, and we do not guarantee absolute security. You are responsible for safeguarding your account access credentials and for all activity under your account, whether authorized or not. You must notify us immediately of any suspected unauthorized access or security breach.
2.5 Cooperation with Law Enforcement and Regulators
You agree to reasonably cooperate with us in connection with any governmental, regulatory, or law enforcement inquiry, investigation, or proceeding related to your use of the Offerings, including by providing relevant information or documentation as permitted by law.
2.6 Our Privacy Policy
Your use of the Platform is also subject to our Privacy Policy, which describes how we collect, use, and safeguard your information. By using the Platform or Services, you consent to the practices described in the Privacy Policy. We may update the Privacy Policy from time to time, and continued use of the Platform after changes are posted constitutes your acceptance of those changes.
2.7 Communications.
Certain Platform features allow you to send SMS, email, voice calls, or other communications. You control all message content, timing, recipient selection, and consent. We provide the technology only and do not initiate communications on your behalf. All communications must comply with the applicable laws and customer responsibilities described.
2.8 Third-Party Services and Content.
The Platform may integrate with or provide access to third-party services or content. Your use of such services or content is at your own risk and subject to their terms. We are not responsible for their acts, omissions, availability, or downtime.
2.9 Domain Names.
If we register or hold a domain name for you, we will be the listed registrant unless otherwise agreed. You may request transfer of the domain in writing, subject to payment of any applicable fees. You are responsible for all content and activity on any domain we manage for you, and you agree to indemnify us from any related claims.
2.10 Platform Updates and Third-Party Technology.
We aggregate and deliver technology from various carefully selected third-party providers. We do not develop or control the underlying code for many core components of the Platform. These providers may update, modify, or discontinue features or services at any time, and such changes may affect the way the Platform operates. While we select providers we believe to be stable and reliable, we cannot guarantee that any specific feature, service, or integration will remain available, operate without interruption, or function in the same way for the duration of your subscription. Your purchase or continued use of the Platform is not contingent on the future delivery or continued availability of any particular functionality, feature, or third-party service.
2.11 Resale and Support Channels.
You may not resell, sublicense, or otherwise provide access to the Platform to third parties. All support requests must be directed to our support team. You may not contact or direct others to contact the underlying technology providers for support, configuration, or billing.
You agree not to use the Platform in any way that:
We may suspend or terminate your account if you violate this Code of Conduct.
4.1 Fees and Billing
You agree to provide accurate and complete billing information (including name, billing address, email, and a valid payment method) and to keep this information current.
All invoices are due upon receipt and must be paid before service begins. Payment must be made using the methods we make available. Accounts not paid in full by the due date are subject to immediate suspension until payment is received.
Your use of the Platform and Services is subject to timely payment of all applicable fees, which may include subscription fees, usage-based fees (such as phone minutes, text messages, or email sends), setup fees, add-on services, professional services, or other charges as disclosed at the time of purchase or incurred through your use. Subscription and usage-based fees are normally billed in advance, but certain usage-based charges may be billed in arrears if your account balance is negative or if a payment has failed. Details of how usage-based charges are managed are described in Section 4.3 (Wallet and Usage-Based Fees).
We reserve the right to change our fee rates and pricing at any time, with or without prior notice. In some cases, changes may be the result of increased costs passed through by third-party providers (for example, telecom or email service providers). We make reasonable efforts to keep all changes within an expected and commercially reasonable range, and wherever possible, we will provide at least thirty (30) days’ advance notice via email to your email address on file.
By continuing to use the Platform or Services after a fee change takes effect, you agree to the updated pricing.
4.2 Auto-Renewal and Recurring Charges
By purchasing a subscription, you authorize us to automatically renew your subscription at the end of each billing period and to charge the payment method on file for the renewal fees, unless you cancel in accordance with Section 13.3 (Customer Cancellation). You are responsible for ensuring that your payment method remains valid for recurring charges.
4.3 Wallet and Usage-Based Fees
Some subscription plans include a monthly allotment of usage (such as phone minutes, text messages, or email sends). Any usage beyond the included allotment will be billed as overage and deducted from your account “wallet.”
We structure our plans so that most customers only need to refill their wallet occasionally—typically just a few times per year, often in $10–$20 increments. Actual usage depends on how heavily you engage with leads and residents, and charges are based on small, pass-through costs from telecom and email providers (for example, fractions of a cent per interaction). Current rates are published in our rate table, which you may request from support.
You authorize us to automatically charge the payment method on file to replenish your wallet when needed, including to cover overage charges or prevent a negative balance. You are responsible for keeping a valid payment method on file at all times. If your wallet balance becomes negative, we may immediately charge your payment method to bring the balance current. Continued negative balances may result in suspension of related services until payment is received.
4.4 Refunds
4.5 Taxes
Any sales, use, or similar taxes that apply to your purchase will be added to your invoice. You are responsible for paying all such taxes, except for taxes based on our income.
4.6 Late Payment and Non-Payment
We reserve the right to suspend accounts immediately upon non-payment. If an account remains unpaid for sixty (60) days and we have attempted to contact you without response, we may cancel and permanently delete the account. Deleted accounts require full re-setup, including applicable setup fees, to be reinstated. Customers with repeated late or non-payment issues may, at our option, be required to prepay annually or may be denied future access to the Platform.
We may provide consulting, advisory, implementation, support, training, or other professional services (“Professional Services”) in addition to your subscription to the Platform. Professional Services may include live consulting or advisory sessions, implementation or support work, and access to learning materials or resources that we create and provide.
The Offerings, including the Platform and any Custom Assets created or delivered through the Services, are licensed, not sold. All rights, title, and interest in and to the Offerings remain with us or our third-party technology providers. You receive only a limited right to use the Offerings as described in these Terms.
6.1 Platform and Software
The Platform, including its underlying software and code, is made available to you under a limited, non-exclusive, non-transferable license for your internal business use during your active subscription. This license is granted by us under rights we hold directly or through agreements with our third-party technology providers. Nothing in these Terms transfers ownership of the Platform or its underlying code.
6.2 Custom Assets
All templates, automations, workflows, designs, training materials, consulting deliverables, and related content that we create or make available to you (collectively, the “Custom Assets”) are and shall remain our intellectual property. You are granted a limited, non-exclusive, non-transferable license to use the Custom Assets only during your active, paid subscription or engagement for the relevant Offerings, and solely for your internal business purposes. Upon termination or expiration of your subscription, all rights to use the Custom Assets end as described in Section 13.4 (Effect of Termination, Data Retention, and Reinstatement). You may not duplicate, copy, transfer, share, resell, reverse engineer, or otherwise use the Custom Assets for any purpose outside of your active subscription or engagement.
6.3 Services
Consulting, support, advisory, and other professional services that we provide are not licensed. These Services are delivered for your internal business use only and are subject to these Terms. Deliverables we provide through such Services (e.g., reports, strategies, or documents) are considered Custom Assets and licensed under Section 6.2 (Custom Assets). The scope, payment, and refund rules applicable to Professional Services are described in Section 5 (Professional Services, Support, and Learning Resources) and Section 4.4 (Refunds).
6.4 Trade Secrets and Intended Use
Certain aspects of the Custom Assets and Services, including but not limited to tips, advice, marketing assets, configured technology settings, content templates, and related know-how, are our trade secrets and confidential information. We take reasonable measures to protect these trade secrets while making them available to you for your internal use.
You may access such materials only through secure login or other authorized means we provide. Even if materials are accessible through public links, you are not permitted to distribute them outside of your direct use as our customer. You may not provide these materials to non-customers, resell them, use them for instruction, or otherwise make them available for purposes outside of your direct marketing and business activities without our express written consent. The intended use of the Custom Assets and Services is solely to support your marketing and business operations in connection with senior living services. Any other use requires our express written consent, provided in accordance with Section 21 (Authorized Approvals).
6.5 Competitor Exclusion and Trade Secret Protection
The Custom Assets and Services are intended solely for your internal business use as a senior living provider. Access credentials, links, and login details provided to you are personal and non-transferable. You may not share them with any third party except as permitted in these Terms.
A “Competitor” means any individual or entity that provides marketing, consulting, or technology services to senior living providers, or develops, sells, or licenses materials, software, or services substantially similar to the Custom Assets or Services we provide. If you are, or become, a Competitor, you must promptly disclose this to us in writing before accessing or using the Offerings.
Without the express written consent provided in accordance with Section 21 (Authorized Approvals), the Offerings may not be accessed or used by Competitors. If you are both a senior living provider and a Competitor, you may use the Offerings solely in your capacity as a provider, and not for your competing business.
You may engage third parties (such as designers or contractors) to assist with your internal use of the Offerings, provided you ensure they comply with these Terms. Such third parties may not retain, repurpose, reverse engineer, resell, or otherwise use the Custom Assets or Services outside of your engagement.
Any unauthorized sharing, distribution, or use of the Custom Assets or Offerings by a Competitor is a material breach of this Agreement and may result in immediate suspension or termination of your account without refund. In addition, Grow Senior Living shall be entitled to seek injunctive relief, recovery of actual damages, and reimbursement of its reasonable attorneys’ fees and costs, together with any other remedies available at law or in equity.
6.6 Customer Data
You retain ownership of all data, content, and customer information that you input or upload to the Platform (“Customer Data”). Nothing in these Terms transfers ownership of your Customer Data to us.
By using the Platform and Services, you acknowledge and consent that we, our affiliates, and our third-party technology providers may access, process, transmit, and store Customer Data as reasonably necessary to: (a) deliver and support the Platform and Services; (b) respond to support or consulting requests; (c) maintain and improve the functionality, security, and performance of the Platform; and (d) comply with applicable law. This may include access by third-party providers such as hosting, telecom, and email service providers over which we do not exercise control.
We may also analyze and use information derived from Customer Data and account activity to improve our services, understand trends, or create aggregate reports, case studies, or educational materials. Such use will not personally identify you or your customers without your prior written consent.
Our collection, use, and disclosure of Customer Data is further governed by our Privacy Policy. Retention and deletion of Customer Data upon suspension or termination of your account is described in Section 13.4 (Effect of Termination, Data Retention, and Reinstatement).
6.7 Survival of Intellectual Property Obligations
Your obligations under this Section 6, including but not limited to restrictions on use, disclosure, distribution, and competitor access, shall survive termination or expiration of these Terms and your use of the Offerings.
7.1 Disclaimer of Warranties
The Platform and all related Services are provided on an “as-is” and “as-available” basis, without warranties of any kind. To the fullest extent permitted by law, we expressly disclaim all warranties, whether express, implied, statutory, or otherwise, including without limitation any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
We make no representations or guarantees that the Platform or any features will be uninterrupted, error-free, secure, or suitable for your particular purpose. We do not warrant that any configuration, setup, or feature will result in legal compliance or business success. You are solely responsible for determining the suitability of the Platform for your use.
7.2 Service Changes and Bugs
You acknowledge that the Platform is an actively developed and evolving system. Occasional bugs, errors, downtime, or changes in features are normal. While we make reasonable efforts to resolve reported issues promptly, we do not guarantee that any particular feature, function, or bug fix will be available within a specific time frame. Dissatisfaction with bugs, downtime, or changes to features shall not be considered a breach of these Terms.
7.3 No Service Level Commitments
Unless expressly stated in a separate written service level agreement (SLA) signed by us, we make no commitments or guarantees regarding uptime, availability, or performance of the Platform or Services. Marketing descriptions of features or performance are illustrative only and do not constitute binding service level commitments.
7.4 Limitation of Liability
To the fullest extent permitted by law, our total liability to you for any and all claims, damages, or liabilities arising out of or relating to these Terms or your use of the Platform or Services shall not exceed, in the aggregate:
(a) if you are a paying customer, the total fees you paid to us for the Platform or Services during the three (3) months immediately preceding the event giving rise to the claim; or
(b) if you are using the Platform or Services under a free trial, evaluation, or other no-fee arrangement, one hundred U.S. dollars (US $100).
This limitation applies regardless of the number of claims, actions, or theories of liability asserted.
In no event shall we be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages of any kind, including without limitation lost profits, lost revenue, loss of goodwill, loss of data, or business interruption, even if we were advised of the possibility of such damages.
Without limiting the foregoing, we disclaim and will not be liable for any claims, damages, or liabilities arising out of or relating to your use of Artificial Intelligence features or any reliance on AI-generated content.
7.5 Indemnification
You agree to defend, indemnify, and hold us harmless from and against any and all claims, damages, liabilities, costs, settlements, or expenses (including reasonable attorneys’ fees) arising out of or related to:
To the maximum extent permitted by law, any cause of action or claim you may have arising out of or relating to these Terms, the Offerings (including the Platform and Services), or your relationship with us must be commenced within six (6) months after the event giving rise to the action or claim occurs. Otherwise, such action or claim is permanently barred, regardless of when you became aware of it. This limitation period applies to all claims and actions, whether in arbitration or in court, and regardless of the legal theory asserted.
You agree that any actual or threatened breach of these Terms — including, without limitation, misuse of the Platform, Services, Custom Assets, or our intellectual property — may cause us irreparable harm for which monetary damages would be an inadequate remedy. In such circumstances, we shall be entitled to seek injunctive or other equitable relief, in addition to any other remedies available at law or in equity, without the necessity of posting a bond or proving actual damages. This right applies to any breach of these Terms and is not limited to particular sections. For clarity, it expressly includes breaches of Section 6 (Intellectual Property, including Trade Secret Protection) and operates in addition to, and not in limitation of, the remedies and liability caps described in Section 7 (Disclaimers, Limitation of Liability, and Indemnification).
No waiver of any term or condition of these Terms shall be effective unless in writing and signed by our authorized representative. Any waiver shall apply only to the specific instance for which it is given and shall not be deemed a continuing waiver of such term or condition, or a waiver of any other term or condition. Our failure to assert any right or provision under these Terms shall not constitute a waiver of that right or provision.
If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court or arbitrator of competent jurisdiction, that provision shall be limited or eliminated to the minimum extent necessary so that the remaining provisions of these Terms will continue in full force and effect. For clarity, this severability rule applies equally to the arbitration provisions in Section 15 (Governing Law, Mandatory Arbitration, and Class Action Waiver).
We may assign, transfer, or delegate our rights and obligations under these Terms, in whole or in part, without notice or consent, including in connection with a merger, acquisition, reorganization, sale of assets, or by operation of law. We may also delegate performance of certain obligations to our affiliates, contractors, or service providers without restriction, provided we remain responsible for their performance.
You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempted assignment without such consent will be void and will not relieve you (or your successor) of any obligations under these Terms. We may, at our discretion, continue to enforce these Terms against you and/or the purported assignee, or treat the unauthorized assignment as a material breach.
These Terms constitute the entire agreement between you and us with respect to the Offerings and supersede all prior and contemporaneous agreements, representations, or understandings, whether written or oral, relating to the same subject matter.
These Terms may not be amended, supplemented, or modified except in writing and signed by an authorized representative of Grow Senior Living. Any such modification must clearly reference the provision of these Terms being modified.
If you and we enter into a separate written agreement, such as a statement of work, order form, or other signed contract, these Terms will control in the event of any conflict, unless expressly stated otherwise in such agreement and approved in writing by an authorized representative of Grow Senior Living. For clarity, no statement of work, order form, or similar document may modify or supersede provisions relating to Intellectual Property, Limitation of Liability, Indemnification, Dispute Resolution, or any other provisions intended to survive termination, unless expressly approved in writing by an authorized representative of Grow Senior Living.
Electronic signatures, including those executed via DocuSign or similar platforms, shall be deemed valid and binding for purposes of amendments, modifications, or consents under these Terms.
13.1 Term
These Terms apply to your use of the Offerings (the Platform and any related Services). They remain in effect as long as you maintain an active subscription, account, or engagement for any Offerings, and also during any period in which the Offerings have been suspended, canceled, or are otherwise winding down, including to the extent we maintain account data, configuration, or settings on your behalf.
13.2 Suspension and Termination by Us
We may suspend or restrict your access to the Platform or any Services immediately, in our sole discretion, if you fail to pay amounts due, violate these Terms, violate applicable law, or use the Services in a manner that we believe may harm us, our technology providers, or other customers. Suspension or termination may also occur during an investigation into suspected violations. If an account remains unpaid for sixty (60) days and we have attempted to contact you without response, we may cancel and permanently delete the account, subject to Section 13.4 (Effect of Termination, Data Retention, and Reinstatement).
13.2 (A) Termination for Convenience: We may terminate these Terms, or any portion of the Services, for convenience by providing you with at least thirty (30) days’ written notice. In such case, you will be entitled to a prorated refund of prepaid fees for the unused portion of your current subscription term.
13.3 Customer Cancellation
You may cancel a monthly subscription by submitting a written cancellation request at least three (3) business days before your renewal date. You may cancel an annual subscription by submitting a written cancellation request at least thirty (30) days before your renewal date. Your cancellation request must be submitted in accordance with Section 16 (Notices and Communications).
Annual subscriptions are nonrefundable except in the case of our material failure to provide the Platform or Services at all (i.e., a complete cessation of service with no comparable replacement provided). Dissatisfaction with features, results, or business outcomes does not constitute non-performance.
If notice is not provided within the referenced timeframes, the renewal will proceed and fees for that term will remain due. Termination does not relieve you of your obligation to pay all fees incurred prior to cancellation.
13.4 Effect of Termination, Data Retention, and Reinstatement
Upon termination or suspension, your right to access and use the Platform and Services ends immediately. Your account will not be accessible to you after account closure.
You are solely responsible for exporting any Customer Data you wish to retain before termination or account closure. We make certain export tools available within the Platform for this purpose, but these are provided “as available” and may be subject to technical or third-party limitations. We do not guarantee that all Customer Data will be exportable in any particular format, or that exported data will be usable with other systems.
Unless otherwise required by law, we may permanently delete your entire account, including Customer Data, configurations, websites, integrations, and any other settings or content, immediately upon termination or suspension. As a courtesy, it is our general policy—not a guarantee—to retain account contents for approximately thirty (30) days following account closure in case you elect to reinstate your account during that period. For purposes of these Terms, “account closure” means the earlier of (a) the last day of your active subscription term (i.e., the day immediately before your subscription would have renewed if not canceled), or (b) the date we notify you of account suspension or termination. We have no obligation to retain any account contents beyond this period.
Support services provided to assist with account wind-down or recovery of information after suspension or closure are not included with your subscription and will be billed under our standard or custom support rates.
Reinstatement of a suspended or deleted account is at our sole discretion and may require full re-setup, including applicable setup fees. We may deny reinstatement to accounts with repeated payment issues, violations of these Terms, or other conduct that, in our judgment, makes further service inappropriate. If an annual subscription is suspended or terminated for your breach of these Terms (including non-payment), you remain responsible for the full annual fee, and prepaid amounts will not be refunded.
13.5 Survival
Certain provisions of these Terms, and any obligations that by their nature should survive termination or expiration, will continue in effect as described in Section 17 (General Survival).
We will not be liable or responsible to you, nor be deemed to have breached these Terms, for any failure or delay in performance caused by acts or circumstances beyond our reasonable control. These include, without limitation, internet or telecommunications failures, vendor or service provider outages, denial-of-service attacks, strikes, labor disputes, civil unrest, acts of God, natural disasters, pandemics, government orders, or other events of a similar or dissimilar nature beyond our reasonable control.
Our obligations will be suspended for the duration of the force majeure event and will resume once performance becomes reasonably possible. If any such event continues for more than sixty (60) consecutive days, we may, at our option, terminate the affected portion of the Services without liability, upon written notice to you.
These Terms and any dispute arising under them shall be governed by and construed in accordance with the laws of the State of Washington, without regard to its conflict of laws principles. The Federal Arbitration Act governs the interpretation and enforcement of the arbitration provisions in this Section.
Mandatory Arbitration. Except as expressly provided below, any controversy or claim arising out of or relating to these Terms, the Offerings (including the Platform and Services), or the relationship between you and us, including any dispute regarding the scope or enforceability of this arbitration provision, shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association (“AAA”). The arbitration shall be conducted under the AAA’s Commercial Arbitration Rules then in effect and in accordance with the additional procedures set forth in Exhibit A (Arbitration Procedures), which is incorporated into these Terms in its entirety.
Small Claims Exception. Notwithstanding the foregoing, either party may bring an individual action in a small claims court of competent jurisdiction for disputes within the scope of such court.
Injunctive Relief Carve-Out. Nothing in this Section shall prevent either party from seeking injunctive or equitable relief in a court of competent jurisdiction to protect its intellectual property or confidential information, as provided in Section 9 (Injunctive Relief).
Location. Unless otherwise agreed in writing, the arbitration shall be conducted in Pierce County, Washington, before a single neutral arbitrator. Judgment on any award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Class Action Waiver. All claims and disputes subject to arbitration under these Terms must be brought in an individual capacity and not as a plaintiff or class member in any purported class, collective, or representative proceeding. The arbitrator may not consolidate more than one party’s claims and may not preside over any form of representative or class proceeding.
This arbitration agreement is governed by the Federal Arbitration Act and survives the termination of your account or Services.
16. Notices and Communications
All notices under these Terms, including cancellation requests, must be in writing. The official method of notice is by email to us at:
(or such other address as we may designate in writing).
Notices to you will be sent to the primary email address associated with the payment method on file in our billing system (the email provided with your credit card or other payment account). You are responsible for maintaining a valid email address on file with us at all times and for promptly updating us of any changes. Notices are deemed received when sent, regardless of whether they are opened or read, unless the sending party receives a bounce-back error.
We may also communicate with you about the Platform or Services by email, phone, or text message, but only email is considered an official medium for notices under these Terms.
We may, at our discretion, provide a web form on our website for submitting cancellation requests or other notices. If available, use of such a form will be treated as valid notice. However, system downtime or unavailability of the form will not excuse failure to provide notice by email.
We will never send you an email requesting account credentials or payment information. If you receive such a message, do not respond and notify us immediately.
Any provisions of these Terms that by their nature should survive cancellation, suspension, or termination—including without limitation payment obligations, data responsibilities, intellectual property protections (including trade secret and competitor restrictions), confidentiality obligations, disclaimers, limitation of liability, indemnification, injunctive relief, and dispute resolution provisions (including arbitration and governing law)—will survive and remain in effect for so long as necessary to give full effect to their terms.
You agree not to use, export, re-export, or transfer the Platform or Services, directly or indirectly, except as authorized by United States law and the laws of the jurisdiction in which you access the Services.
You represent and warrant that you are not (a) located in or ordinarily resident in a country or territory subject to comprehensive U.S. sanctions or embargoes, or (b) listed on any U.S. or other applicable government list of prohibited or restricted parties.
You are solely responsible for complying with all applicable U.S. and international export control, sanctions, and trade compliance laws in connection with your use of the Platform and Services. Any violation of this Section constitutes a material breach of these Terms and may result in immediate suspension or termination under Section 13 (Term and Termination).
The relationship between you and us is that of independent contractors. Nothing in these Terms shall be construed to create a partnership, joint venture, agency, or employment relationship between you and us. Neither party has authority to bind the other in any way, except as expressly provided in these Terms or with prior written consent.
Section titles and headings in these Terms are for convenience only and shall not affect their interpretation.
Any consent, approval, waiver, or modification under these Terms must be in writing and signed by the President/CEO of Grow Senior Living (or their expressly designated delegate, authorized in writing). No employee, contractor, or agent of Grow Senior Living other than the President/CEO (or delegate) has authority to bind Grow Senior Living to any modification, waiver, or consent under these Terms. Oral statements or informal communications shall not constitute binding approvals. Approvals provided by electronic signature, including DocuSign or similar platforms, shall be deemed valid and binding.
This Exhibit forms part of Section 14 (Governing Law, Mandatory Arbitration, and Class Action Waiver) of the Terms.
No Consolidation or Class Proceedings
Arbitration under these Terms shall be conducted on an individual basis only. The arbitrator may not consolidate more than one party’s claims, preside over any form of class or collective proceeding, or otherwise adjudicate claims on a representative basis.