TERMS OF SERVICE AGREEMENT
PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT CAREFULLY. BY ACCESSING OR USING OUR SITES AND
OUR SERVICES, YOU HEREBY AGREE TO BE BOUND BY THE TERMS AND ALL TERMS INCORPORATED HEREIN BY
REFERENCE. IT IS THE RESPONSIBILITY OF YOU, THE USER, CUSTOMER, OR PROSPECTIVE CUSTOMER TO READ THE
TERMS AND CONDITIONS BEFORE PROCEEDING TO USE THIS SITE. IF YOU DO NOT EXPRESSLY AGREE TO ALL OF
THE TERMS AND CONDITIONS, THEN PLEASE DO NOT ACCESS OR USE OUR SITES OR OUR SERVICES. THIS TERMS OF
SERVICE AGREEMENT IS EFFECTIVE AS OF 06/01/2016.
ACCEPTANCE OF TERMS
The following Terms of Service Agreement (the “TOS”) is a legally binding agreement that shall
govern the relationship with our users and others which may interact or interface with Messick
Group LLC, also known as Grace, Grow & Edify, located at 312 Santa Maria St, Georgetown, Texas
78628 and our subsidiaries and affiliates, in association with the use of theGrace, Grow & Edify
website, which includes www.gracegrowedify.com, (the “Site”) and its Services, which shall be
DESCRIPTION OF WEBSITE SERVICES OFFERED
The Site is a blog which has the following description:
At Grace, Grow & Edify we offer products & services to simplify your home education experience.
Any and all visitors to our site shall be deemed as “users” of the herein contained Services
provided for the purpose of this TOS.
The user acknowledges and agrees that the Services provided and made available through our website
and applications, which may include some mobile applications and that those applications may be
made available on various social media networking sites and numerous other platforms and
downloadable programs, are the sole property of Messick Group LLC. At its discretion, Messick Group
LLC may offer additional website Services and/or products, or update, modify or revise any current
content and Services, and this Agreement shall apply to any and all additional Services and/or
products and any and all updated, modified or revised Services unless otherwise stipulated. Messick
Group LLC does hereby reserve the right to cancel and cease offering any of the aforementioned
Services and/or products. You, as the end user acknowledge, accept and agree that Messick Group LLC
shall not be held liable for any such updates, modifications, revisions, suspensions or
discontinuance of any of our Services and/or products. Your continued use of the Services provided,
after such posting of any updates, changes, and/or modifications shall constitute your acceptance
of such updates, changes and/or modifications, and as such, frequent review of this Agreement and
any and all applicable terms and policies should be made by you to ensure you are
aware of all terms and policies currently in effect. Should you not agree to the updated, revised
or modified terms, you must stop using the provided Services forthwith.
Furthermore, the user understands, acknowledges and agrees that the Services offered shall be
provided “AS IS” and as such Messick Group LLC shall not assume any responsibility or obligation
for the timeliness, missed delivery, deletion and/or any failure to store user content,
communication or personalization settings.
Every member’s registration data and various other personal information are strictly protected by t
www.gracegrowedify.com/privacypolicy). As a member, you herein consent to the collection and use of
the information provided, including the transfer of information within the United States and/or
other countries for storage, processing or use by Messick Group LLC and/or our subsidiaries and
CAUTIONS FOR GLOBAL USE AND EXPORT AND IMPORT COMPLIANCE
Due to the global nature of the internet, through the use of our network you hereby agree to comply
with all local rules relating to online conduct and that which is considered acceptable Content.
Uploading, posting and/or transferring of software, technology and other technical data may be
subject to the export and import laws of the United States and possibly other countries. Through
the use of our network, you thus agree to comply with all applicable export and import laws,
statutes and regulations, including, but not limited to, the Export Administration Regulations
(http://www.access.gpo.gov/bis/ear/ear_data.html), as well as the sanctions control program of the
United States (http://www.treasury.gov/resource- center/sanctions/Programs/Pages/Programs.aspx).
Furthermore, you state and pledge that you:
a) are not on the list of prohibited individuals which may be identified on any government export
exclusion report (http://www.bis.doc.gov/complianceandenforcement/liststocheck.htm) nor a member of
any other government which may be part of an export-prohibited country identified in applicable
export and import laws and regulations;
b) agree not to transfer any software, technology or any other technical data through the use of
our network Services to any export-prohibited country;
c) agree not to use our website network Services for any military, nuclear, missile, chemical or
biological weaponry end uses that would be a violation of the U.S. export laws; and
d) agree not to post, transfer nor upload any software, technology or any other technical data
which would be in violation of the U.S. or other applicable export and/or import laws.
CONTENT PLACED OR MADE AVAILABLE FOR COMPANY SERVICES
Messick Group LLC shall not lay claim to ownership of any content submitted by any visitoror user,
nor make such content available for inclusion on our website Services. Therefore, you hereby grant
and allow for Messick Group LLC the below listed worldwide, royalty-free and non- exclusive
licenses, as applicable:
a) The content submitted or made available for inclusion on the publicly accessible areas of
Messick Group LLC’s sites, the license provided to permit to use, distribute, reproduce, modify,
adapt, publicly perform and/or publicly display said Content on our network Services is for the
sole purpose of providing and promoting the specific area to which this content was placed and/or
made available for viewing. This license shall be available so long as you are a member of Messick
Group LLC’s sites, and shall terminate at such time when you elect to discontinue your membership.
b) Photos, audio, video and/or graphics submitted or made available for inclusion on the publicly
accessible areas of Messick Group LLC’s sites, the license provided to permit to use, distribute,
reproduce, modify, adapt, publicly perform and/or publicly display said Content on our network
Services are for the sole purpose of providing and promoting the specific area in which this
content was placed and/or made available for viewing. This license shall be available so long as
you are a member of Messick Group LLC’s sites and shall terminate at such time when you elect to
discontinue your membership.
c) For any other content submitted or made available for inclusion on the publicly accessible
areas of Messick Group LLC’s sites, the continuous, binding and completely sub- licensable license
which is meant to permit to use, distribute, reproduce, modify, adapt,
publish, translate, publicly perform and/or publicly display said content, whether in whole or in
part, and the incorporation of any such Content into other works in any arrangement or medium
current used or later developed.
Those areas which may be deemed “publicly accessible” areas ofMessick Group LLC’s sites are those
such areas of our network properties which are meant to be available to the general public, and
which would include message boards and groups that are openly available to users.
CONTRIBUTIONS TO COMPANY WEBSITE
Messick Group LLC provides an area for our users to contribute feedback to our website. When you
submit ideas, documents, suggestions and/or proposals (“Contributions”) to our site, you
acknowledge and agree that:
a) your contributions do not contain any type of confidential or proprietary information;
b) Grace, Grow & Edify shall not be liable or under any obligation to ensure or maintain
confidentiality, expressed or implied, related to any Contributions;
c) Grace, Grow & Edify shall be entitled to make use of and/or disclose any such Contributions in
any such manner as they may see fit;
d) the contributor’s Contributions shall automatically become the sole property ofGrace,
Grow & Edify; and
e) Grace, Grow & Edify is under no obligation to either compensate or provide any form of
reimbursement in any manner or nature.
All users herein agree to insure and hold Messick Group LLC, our subsidiaries, affiliates, agents,
employees, officers, partners and/or licensors blameless or not liable for any claim or demand,
which may include, but is not limited to, reasonable attorney fees made by any third party which
may arise from any content a user of our site may submit, post, modify, transmit or otherwise make
available through our Services, the use of Grace, Grow & Edify Services or your connection with
these Services, your violations of the Terms of Service and/or your violation of any such rights of
COMMERCIAL REUSE OF SERVICES
The user herein agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit for any
commercial reason any part, use of, or access to Grace, Grow & Edify’s sites.
Messick Group LLC shall reserve the right at any time it may deem fit, to modify, alter and or
discontinue, whether temporarily or permanently, our service, or any part thereof, with or without
prior notice. In addition, we shall not be held liable to you or to any third party for any such
alteration, modification, suspension and/or discontinuance of our Services, or any part thereof.
Any correspondence or business dealings with, or the participation in any promotions of,
advertisers located on or through our Services, which may include the payment and/or delivery of
such related goods and/or Services, and any such other term, condition, warranty and/or
representation associated with such dealings, are and shall be solely between you and any such
advertiser. Moreover, you herein agree that Messick Group LLC shall not be held responsible or
liable for any loss or damage of any nature or manner incurred as a direct result of any such
dealings or as a result of the presence of such advertisers on our website.
Either Messick Group LLC or any third parties may provide links to other websites and/or resources.
Thus, you acknowledge and agree that we are not responsible for the availability of any such
external sites or resources, and as such, we do not endorse nor are we responsible or liable for
any content, products, advertising or any other materials, on or available from such third party
sites or resources. Furthermore, you acknowledge and agree that Messick Group LLC shall not be
responsible or liable, directly or indirectly, for any such damage or loss which may be a result
of, caused or allegedly to be caused by or in connection with the use of or the reliance on any
such content, goods or Services made available on or through any such site or resource.
You do hereby acknowledge and agree that Messick Group LLC’s Services and any essential software
that may be used in connection with our Services (“Software”) shall contain proprietary and
confidential material that is protected by applicable intellectual property rights and other laws.
Furthermore, you herein acknowledge and agree that any Content which may be contained in any
advertisements or information presented by and through our Services or by advertisers is protected
by copyrights, trademarks, patents or other proprietary rights and laws. Therefore, except for that
which is expressly permitted by applicable law or as authorized by Messick Group LLC or such
applicable licensor, you agree not to alter, modify, lease, rent, loan, sell, distribute, transmit,
broadcast, publicly perform and/or created any plagiaristic works which are based on Messick Group
LLC Services (e.g. Content or Software), in whole or part.
Messick Group LLC herein has granted you personal, non-transferable and non-exclusive rights and/or
license to make use of the object code or our Software on a single computer, as long as you do not,
and shall not, allow any third party to duplicate, alter, modify, create or plagiarize work from,
reverse engineer, reverse assemble or otherwise make an attempt to locate or discern any source
code, sell, assign, sublicense, grant a security interest in and/or otherwise transfer any such
right in the Software. Furthermore, you do herein agree not to alter or change the Software in any
manner, nature or form, and as such, not to use any modified versions of the Software, including
and without limitation, for the purpose of obtaining unauthorized access to our Services. Lastly,
you also agree not to access or attempt to access our Services through any means other than through
the interface which is provided by Messick Group LLC for use in accessing our Services.
YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
a) THE USE OF MESSICK GROUP LLC SERVICES AND SOFTWARE ARE AT THE SOLE RISK BY YOU. OUR SERVICES
AND SOFTWARE SHALL BE PROVIDED ON AN “AS
IS” AND/OR “AS AVAILABLE” BASIS. MESSICK GROUP LLC AND OUR SUBSIDIARIES,
AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL
WARRANTIES OF ANY KIND WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED
WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b) MESSICK GROUP LLC AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS
MAKE NO SUCH WARRANTIES THAT (i) MESSICK GROUP LLC SERVICES OR SOFTWARE WILL MEET YOUR
REQUIREMENTS; (ii) MESSICK GROUP LLC SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR
ERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE MESSICK GROUP LLC
SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF ANY PRODUCTS, SERVICES, ANY
INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR
SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL
c) ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF MESSICK GROUP LLC
SERVICES OR SOFTWARE SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL
BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO
ANY DAMAGE TO YOUR COMPUTER AND/OR
INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE
DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL.
d) NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM
MESSICK GROUP LLC OR BY WAY OF OR FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT
EXPRESSLY STATED IN THE TOS.
e) A SMALL PERCENTAGE OF SOME USERS MAY EXPERIENCE SOME DEGREE OF EPILEPTIC SEIZURE WHEN EXPOSED
TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS THAT MAY BE CONTAINED ON A COMPUTER SCREEN OR WHILE USING
OUR SERVICES. CERTAIN CONDITIONS MAY INDUCE A PREVIOUSLY UNKNOWN CONDITION OR UNDETECTED EPILEPTIC
SYMPTOM IN USERS WHO HAVE SHOWN NO HISTORY OF ANY PRIOR SEIZURE OR EPILEPSY. SHOULD YOU, ANYONE YOU
KNOW OR ANYONE IN YOUR FAMILY HAVE AN EPILEPTIC CONDITION, PLEASE CONSULT A PHYSICIAN IF YOU
EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING OUR SERVICES: DIZZINESS, ALTERED VISION, EYE
OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
LIMITATION OF LIABILITY
YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT MESSICK GROUP LLC AND OUR SUBSIDIARIES,
AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY
PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT
LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA AND/OR
OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES
MAY OCCUR, AND RESULT FROM:
a) THE USE OR INABILITY TO USE OUR SERVICE;
b) THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES;
c) UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONS AND/OR DATA;
d) STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE;
e) AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.
In the event you have a dispute, you agree to releaseMessick Group LLC (and its officers,
directors, employees, agents, parent subsidiaries, affiliates, co-branders, partners and any other
third parties) from claims, demands and damages (actual and consequential) of every kind and
nature, known and unknown, suspected or unsuspected, disclosed and undisclosed, arising out of or
in any way connected to such dispute.
SPECIAL ADMONITION RELATED TO FINANCIAL MATTERS
Should you intend to create or to join any service, receive or request any such news, messages,
alerts or other information from our Services concerning companies, stock quotes, investments or
securities, please review the above Sections Warranty Disclaimers and Limitations of Liability
again. In addition, for this particular type of information, the phrase “Let the investor beware”
is appropriate. Messick Group LLC’s content is provided primarily for informational purposes, and
no content that shall be provided or included in our Services is intended for trading or investing
purposes. Messick Group LLC and our licensors shall not be responsible or liable for the accuracy,
usefulness or availability of any information transmitted and/or made available by way of our
Services, and shall not be responsible or liable for any trading and/or investment decisions based
on any such information.
EXCLUSION AND LIMITATIONS
THERE ARE SOME JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE
LIMITATION OF EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE, SOME OF
THE ABOVE LIMITATIONS OF SECTIONS WARRANTY DISCLAIMERS AND LIMITATION OF LIABILITY MAY NOT APPLY TO
THIRD PARTY BENEFICIARIES
You herein acknowledge, understand and agree, unless otherwise expressly provided in this TOS, that
there shall be no third-party beneficiaries to this agreement.
Messick Group LLC may furnish you with notices, including those with regards to any changes to the
TOS, including but not limited to email, regular mail, MMS or SMS, text messaging, postings on our
website Services, or other reasonable means currently known or any which may be herein after
developed. Any such notices may not be received if you violate any aspects of the TOS by accessing
our Services in an unauthorized manner. Your acceptance of this TOS constitutes your agreement that
you are deemed to have received any and all notices that would have been delivered had you accessed
our Services in an authorized manner.
You herein acknowledge, understand and agree that all of theMessick Group LLC trademarks,
copyright, trade name, service marks, and other Messick Group LLC logos and any brand features,
and/or product and service names are trademarks and as such, are and shall remain the property of
Messick Group LLC. You herein agree not to display and/or use in any manner the Messick Group LLC
logo or marks without obtaining Messick Group LLC’s prior written consent.
COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS NOTICE
Messick Group LLC will always respect the intellectual property of others, and we ask that all of
our users do the same. With regards to appropriate circumstances and at its sole discretion,
Messick Group LLC may disable and/or terminate the accounts of any user who violates our TOS and/or
infringes the rights of others. If you feel that your work has been duplicated in such a way that
would constitute copyright infringement, or if you believe your intellectual property rights have
been otherwise violated, you should provide to us the following information:
a) The electronic or the physical signature of the individual that is authorized on behalf of the
owner of the copyright or other intellectual property interest;
b) A description of the copyrighted work or other intellectual property that you believe has been
c) A description of the location of the site which you allege has been infringing upon your work;
d) Your physical address, telephone number, and email address;
e) A statement, in which you state that the alleged and disputed use of your work is not authorized
by the copyright owner, its agents or the law;
f) And finally, a statement, made under penalty of perjury, that the aforementioned information in
your notice is truthful and accurate, and that you are the copyright or intellectual property
owner, representative or agent authorized to act on the copyright or intellectual property owner’s
The Messick Group LLC Agent for notice of claims of copyright or other intellectual property
infringement can be contacted as follows:
Mailing Address: Messick Group LLC Attn: Copyright Agent 312 Santa Maria St
Georgetown, Texas 78628
BE IT KNOWN, that Messick Group LLC complies with all applicable Federal Communications Commission
rules and regulations regarding the closed captioning of video content. For more information,
please visit our website at www.gracegrowedify.com.
This TOS constitutes the entire agreement between you andMessick Group LLC and shall govern the use
of our Services, superseding any prior version of this TOS between you and us with respect to
Messick Group LLC Services. You may also be subject to additional terms and conditions that may
apply when you use or purchase certain other Messick Group LLC Services, affiliate Services,
third-party content or third-party software.
CHOICE OF LAW AND FORUM
It is at the mutual agreement of both you andMessick Group LLC with regard to the TOS that the
relationship between the parties shall be governed by the laws of the state of Alabama without
regard to its conflict of law provisions and that any and all claims, causes of action and/or
disputes, arising out of or relating to the TOS, or the relationship between you andMessick Group
LLC, shall be filed within the courts having jurisdiction within the County ofWilliamson, Texas or
the U.S. District Court located in said state. You andMessick Group LLC agree to submit to the
jurisdiction of the courts as previously mentioned, and agree to waive any and all objections to
the exercise of jurisdiction over the parties by such courts and to venue in such courts.
WAIVER AND SEVERABILITY OF TERMS
At any time, should Messick Group LLC fail to exercise or enforce any right or provision of the
TOS, such failure shall not constitute a waiver of such right or provision. If any provision of
this TOS 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 TOS remain in full force and effect.
STATUTE OF LIMITATIONS
You acknowledge, understand and agree that regardless of any statute or law to the contrary, any
claim or action arising out of or related to the use of our Services or the TOS must be filed
within 4 year(s) after said claim or cause of action arose or shall be forever barred.
Please report any and all violations of this TOS toMessick Group LLC as follows:
Mailing Address: Messick Group LLC 312 Santa Maria St
Georgetown, Texas 78628