Terms of Use

Welcome to Fruition’s website. Fruition Growth LLC and/or its affiliates (“Fruition”) provide website features and other products and services to you when you visit Fruition’s website, or use software provided by Fruition in connection with your use of Fruition’s website and tools (collectively, “Fruition Services”). Fruition provides the Fruition Services subject to the following Terms of Use.

By using Fruition Services, you agree to these Terms of Use. Please read them carefully.
We offer a wide range of Fruition Services, and sometimes additional terms may apply. When you sign a contract with Fruition for additional services, you also will be subject to the terms and agreements applicable to those services (the “Service Terms”). If these Terms of Use are inconsistent with the Service Terms, the Service Terms will control.

PRIVACY
Please review our Privacy Policy, which also governs your use of Fruition Services, to understand our practices.

ELECTRONIC COMMUNICATIONS
When you use Fruition Services, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

COPYRIGHT
All content included in or made available through any Fruition Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of Fruition or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any Fruition Service is the exclusive property of Fruition and protected by U.S. and international copyright laws.

TRADEMARKS
In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Fruition Service are trademarks or trade dress of Fruition in the U.S. and other countries. Fruition’s trademarks and trade dress may not be used in connection with any product or service that is not Fruition’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Fruition. All other trademarks not owned by Fruition that appear in any Fruition Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Fruition.

YOUR ACCOUNT
You may need your own Fruition account to use certain Fruition Services, and you may be required to be logged in to the account and have a valid payment method associated with it. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. Fruition does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the Fruition Services only with involvement of a parent or guardian. Fruition reserves the right to refuse service, terminate accounts, terminate your rights to use Fruition Services, remove or edit content, or cancel orders in its sole discretion.

COPYRIGHT COMPLAINTS
Fruition respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please submit your complaint to [email protected] We respond quickly to the concerns of rights owners about any alleged infringement.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

FRUITION MAKES NO WARRANTIES, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO FRUITION SERVICES, AND FRUITION EXPRESSLY DISCLAIMS ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, AGAINST INFRINGEMENT OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, AND ALL OTHER WARRANTIES, GUARANTEES OR REPRESENTATIONS. THIS DISCLAIMER AND EXCLUSION SHALL APPLY EVEN IF ANY EXPRESS WARRANTY FAILS OF ITS ESSENTIAL PURPOSE. IN NO EVENT SHALL FRUITION, ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AND/OR AGENTS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR RELIANCE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST REVENUE, LOST PROFITS, LOSS OF GOODWILL, LOSS OF ANTICIPATED SAVINGS, LOSS OF DATA, OR DAMAGE RESULTING FROM CYBER SECURITY BREACHES, HOWEVER CAUSED, WHETHER FORESEEABLE OR NOT AND WHETHER OR NOT YOU OR ANY OTHER PERSON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. FOR THE AVOIDANCE OF DOUBT, THESE LIMITATIONS OF LIABILITY APPLY TO ANY ACTIONS IN CONTRACT OR TORT, INCLUDING NEGLIGENCE AND NEGLIGENT MISREPRESENTATION. IN ADDITION, TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY, IN THE AGGREGATE, OF FRUITION AND ITS OFFICERS, DIRECTORS, EMPLOYEES AND SUBCONTRACTORS, AND ANY OF THEM, TO YOU AND ANYONE CLAIMING BY OR THROUGH YOU, FOR ANY AND ALL CLAIMS, LOSSES, COSTS OR DAMAGES, INCLUDING ATTORNEYS’ FEES AND COSTS AND EXPERT-WITNESS FEES AND COSTS OF ANY NATURE WHATSOEVER FROM ANY CAUSE OR CAUSES SHALL NOT EXCEED THE TOTAL COMPENSATION RECEIVED BY FRUITION FOR FRUITION SERVICES DURING THE THREE (3) MONTHS PRIOR TO THE EVENT GIVING RISE TO LIABILITY. YOU AGREE THAT THESE LIMITATIONS OF LIABILITY ARE AGREED ALLOCATIONS OF RISK AND ARE REFLECTED IN THE FEES PAYABLE HEREUNDER.

DISPUTES/APPLICABLE LAW
Any dispute or claim relating in any way to your use of any Fruition Services shall be governed and construed in accordance with the laws of the State of Colorado without giving effect to its principles of conflicts of laws. Any action involving Fruition Services or any other dispute involving Fruition shall be brought before the Denver District Court in Denver County, Colorado. The Parties agree to waive the right to trial by jury in any action or proceeding that takes place relating to or arising out of the Fruition Services.

SITE POLICIES, MODIFICATION, AND SEVERABILITY
These Terms of Use and Fruition’s Privacy Policy govern your use of Fruition Services. We reserve the right to make changes to our site, policies, Privacy Policy, and these Terms of Use at any time. If any of the Terms of Use shall be deemed invalid, void, or for any reason unenforceable, that Term of Use shall be deemed severable and shall not affect the validity and enforceability of any remaining Term of Use.

OUR ADDRESS
Fruition
616 E. Speer Blvd.
Denver, CO 80203
www.fruition.net

ADDITIONAL FRUITION SOFTWARE TERMS
The following terms (“Software Terms”) apply to any software (including any updates or upgrades to the software) and any related documentation we make available to you in connection with Fruition Services (the “Fruition Software”).
1. Use of the Fruition Software. You may use Fruition Software solely for purposes of enabling you to use the Fruition Services as provided by Fruition, and as permitted by these Terms of Use and any Service Terms. You may not incorporate any portion of the Fruition Software into other programs or compile any portion of it in combination with other programs, or otherwise, modify, create derivative works of, distribute, assign any rights to, or license the Fruition Software in whole or in part. All software used in any Fruition Service is the property of Fruition and is protected by United States and international copyright laws.
2. Use of Third Party Services. When you use the Fruition Software, you may also be using the services of one or more third parties. Your use of these third party services may be subject to the separate policies, terms of use, and fees of these third parties.
3. No Reverse Engineering. You may not reverse engineer, decompile or disassemble, tamper with, or bypass any security associated with the Fruition Software, whether in whole or in part.
4. Updates. We may offer automatic or manual updates to the Fruition Software at any time and without notice to you.
5. Government End Users. If you are a U.S. Government end user, we are licensing the Fruition Software to you as a “Commercial Item” as that term is defined in the U.S. Code of Federal Regulations (see 48 C.F.R. § 2.101), and the rights we grant you to the Fruition Software are the same as the rights we grant to all others under these Terms of Use.
6. Conflicts. In the event of any conflict between these Terms of Use and any other Fruition or third-party terms applicable to any portion of Fruition Software, such as open-source license terms, such other terms will control as to that portion of the Fruition Software and to the extent of the conflict.