The Site is made available by the Company subject to this Agreement. We reserve the right to update or make changes to this Agreement from time to time in our sole discretion, which changes we may provide to you by any reasonable means, including without limitation, by posting the revised version of this Agreement on the Site. You can determine when this Agreement was last revised by referring to the “LAST UPDATED” legend at the top of this Agreement. Your access to or use of the Site after such posting or other notification will signify your acceptance of and agreement to be bound by such updates. Notwithstanding the foregoing, any updates to this Agreement shall not apply to any dispute between you and us that arose prior to the date of such posting or other notification. When using any Services (as defined below), you agree that you are subject to any additional posted guidelines, rules, terms and conditions applicable to such Services, which are hereby incorporated by reference into this Agreement.
We reserve the right, at any time and from time to time, temporarily or permanently, in whole or in part, to: modify or discontinue the Site, with or without notice; modify and/or waive any fees charged in connection with the Site; offer opportunities to some or all users of the Site; and/or place limits on some or all users’ access to and/or use of any part of the Site (including, without limitation, limits on the number of downloads per user or limits on content distribution). You agree that neither we nor any of our affiliates (collectively, “Affiliated Entities“) shall be liable to you or to any third party for any modification, suspension or discontinuance of the Site, in whole or in part, or of any Service, content, feature or product offered through the Site.
The Site is hosted by the Company from the United States, and is not intended to subject us to the laws or jurisdiction of any jurisdiction other than that of the United States. We do not represent or warrant that the Site or any part of it is appropriate or available for use in any particular jurisdiction other than the United States. Those who choose to access the Site do so on their own initiative and at their own risk, and are responsible for complying with all applicable laws, rules and regulations. We may limit the Site’s availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.
We provide users of the Site with access to certain content and services related to growth strategies, entrepreneurship and business innovation, which may include, without limitation: (a) services such as profiles, forums, discussion boards, registration functionality, interactive tests, voting and polling functionality, RSS feeds, blogs, and links to third party websites; and (b) content such as articles, audio and video clips, photographs, graphics, images, text, data, user comments, postings and messages and other similar content (such content and services, collectively, the “Services“).
YOUR USE OF THE SITE AND ANY INFORMATION PROVIDED ON OR IN CONNECTION WITH THE SITE IS AT YOUR OWN RISK. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION AVAILABLE THROUGH THE SITE. THE INFORMATION MADE AVAILABLE THROUGH THE SITE OR BY ANY COMPANY REPRESENTATIVE IS INTENDED SOLELY AS GENERAL GUIDANCE AND DOES NOT CONSTITUTE LEGAL, TAX, FINANCIAL, ACCOUNTING OR OTHER PROFESSIONAL ADVICE. INDIVIDUAL SITUATIONS AND APPLICABLE LAWS VARY. PLEASE SEEK THE ADVICE OF YOUR QUALIFIED LEGAL, FINANCIAL, TAX, ACCOUNTING OR OTHER PROFESSIONAL WITH ANY QUESTIONS YOU MAY HAVE REGARDING INFORMATION AVAILABLE THROUGH THE SITE.
While using the Site, you will comply with all applicable laws, rules and regulations. In addition, we expect users of the Site to respect the rights and dignity of others. Your use of the Site is conditioned on your compliance with the rules of conduct set forth in this section; any failure to comply may also result in termination of your access to the Site. You agree that you will not do or attempt to do any of the following:
Additionally, you acknowledge and agree that you (and not the Company) are responsible for obtaining, maintaining and paying for all telecommunications, broadband, and computer hardware, equipment and services needed to access and use the Site.
Violations of network or system security may result in civil and/or criminal liability. We will investigate and work with law enforcement authorities to prosecute users who are involved in such violations.
We attempt to ensure that information on this Site is complete, accurate and current. Despite our efforts, the information on this Site may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currentness of any information on this Site.
You may be required to register in order to access certain Services or areas of the Site. With respect to any such registration, we may refuse to grant you, and you may not use, a user name (or e-mail address) that is already being used by someone else; that may be construed as impersonating another person; that belongs to another person; that violates the intellectual property or other rights of any person; that is offensive; or that we reject for any other reason in our sole discretion. Unless expressly permitted by us, you will not register more than one user account or register on behalf of any user other than yourself.
Your user name and password are for your personal use only. You are responsible for maintaining the confidentiality of any password you may use to access the Site, and agree not to transfer your password or user name, or lend or otherwise transfer your use of or access to the Site, to any third party; provided, however, you may use a user name and password issued to your employer if your employer has authorized you to do so. You are fully responsible for all interaction with the Site that occurs in connection with your password or user name. You agree to immediately notify us of any unauthorized use of your password or user name or any other breach of security related to your account or the Site, and to ensure that you “log off”/exit from your account with the Site (if applicable) at the end of each session. We are not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations, even if you notify us.
We may provide you with the ability to post certain information and materials on your “profile page” (your “Profile“). We may also make available services (for example, message boards, forums, blogs, chat functionality, messaging functionality and comment functionality) to which you are able to post information and materials (each, a “Forum“). Information contained in the Profiles and Forums may be provided by our employees and Affiliated Entities as well as by visitors to the Site and other third parties. Please note that Site visitors and other third parties may post messages or make statements in the Profiles and Forums that are inaccurate, misleading or deceptive. The Company, the Affiliated Entities and their respective employees, officers, directors, shareholders, affiliates, agents, representatives, licensors, suppliers and service providers (collectively, the “Released Parties“) neither endorse nor are responsible for any opinion, advice, information or statements made in the Profiles and Forums by third parties. Without limitation, the Released Parties are not responsible for any information or materials made available through the Profiles and Forums or results obtained using any such information or materials. Under no circumstances will the Released Parties be liable for any loss or damage caused by your reliance on such information or materials. The opinions expressed in the Profiles and Forums reflect solely the opinions of the individuals who submitted such opinions and may not reflect the opinions of the Company.
In addition, the Released Parties have no control over, and shall have no liability for, any damages resulting from the use or misuse by any third party of information voluntarily made public through a Profile or a Forum or any other part of the Site. IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONALLY IDENTIFIABLE OR OTHER INFORMATION PUBLICLY AVAILABLE IN A PROFILE OR A FORUM OR OTHERWISE ON THE SITE, YOU DO SO AT YOUR OWN RISK.
For purposes of clarity, you retain ownership of any information, content and/or materials you submit through a Profile or a Forum or otherwise through the Site (each, a “Submission“); however, we need certain rights to your Submissions to be able to make them available on the Site and to provide the Services to you. For this reason, you hereby grant to the Company, the Affiliated Entities and their respective service providers and designees a worldwide, non-exclusive, transferable, sublicenseable (through multiple tiers), royalty-free, perpetual, irrevocable right and license, without compensation to you: to use, reproduce, distribute, adapt (including without limitation edit, modify, translate, and reformat), create derivative works of, transmit, publicly display and publicly perform such Submission, in any media now known or hereafter developed. This license is non-exclusive (so you can license your Submissions to others), worldwide (as the Internet is global in its reach), fully-paid up and royalty-free (so, for example, that we do not have to pay you for posting your Submissions), sublicenseable through multiple tiers (so that we can use our service providers and subcontractors to provide Services).
For each Submission, you represent and warrant that you have all rights necessary for you to grant the licenses granted in this Section 9, and that such Submission, and your provision of it to and through the Site, complies with all applicable laws, rules and regulations and this Agreement. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding each Submission that you may have under any applicable law under any legal theory. We request this waiver to help ensure that we have all the rights we may need to provide the Services available through the Site.
You acknowledge and agree that we reserve the right (but have no obligation) to do any or all of the following, at our discretion: (a) monitor Submissions; (b) alter, remove access, preserve, or refuse to post or allow to be posted any Submission; and/or (c) disclose any Submissions, the circumstances surrounding their transmission, and your account information to any third party in order to operate the Site; to protect the Company, the Affiliated Entities and their respective employees, officers, directors, shareholders, affiliates, agents, representatives, licensors, suppliers and service providers, and the Site’s users and visitors; to comply with legal obligations or governmental requests; to enforce this Agreement; or for any other reason or purpose.
You grant to Company all right, title and interest to any suggestion, recommendation or other feedback with respect to the Site that you provide to us. In the event this grant is not sufficient, you grant to Company a royalty-free, worldwide, transferable, sub-licensable, irrevocable, perpetual license to use and incorporate into its products and/or services (including, without limitation, the Site) any of your suggestions, recommendations or other feedback. The Site may include a portal through which you may submit ideas to us for new products and services (each, an “Idea”). By submitting an Idea, you agree to the following until such time as Company otherwise agrees in writing:
At this time, no payment is due for the services of this site. We may, at any time, charge a price of any product or service or institute new charges or fees. Price changes and institution of new charges will apply to the subscription billing period subsequent to the notice of such changes and/or new charges and to all new subscribers after the effective date of the change. If you do not agree to a price change or new charge, then your only recourse is to terminate this Agreement in accordance with Section 18.
The information and materials made available through the Site, including the Services, are and shall remain the property of the Company and its licensors and suppliers, and are protected by copyright, trademark, patent, and/or other proprietary rights and laws. Subject to your compliance with this Agreement, and solely for so long as you are permitted by us to access and use the Site, we grant you permission to display, copy, distribute and download Site materials for your own internal business use only, provided that you do not modify such materials (except with respect to tools that expressly permit modification or customization) and provided that you keep intact all copyright and other proprietary notices. Except as expressly authorized in advance by us in writing, you agree not to otherwise reproduce, modify, rent, lease, loan, sell, distribute, or create derivative works based (whether in whole or in part) on, all or any part of the Site or any materials made available through the Site.
Our trade names, trademarks and service marks include without limitation, The Growth Strategy Company LLC, GrowthWorkouts, GrowthThinking, GrowthSpace, GrowthCloud, and any associated logos. All trademarks and service marks on the Site not owned by us are the property of their respective owners. Our trade names, trademarks and service marks, whether registered or not, may not be used in connection with any product or service that is not ours in any manner that is likely to cause confusion. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of our trade names, trademarks or service marks without our express prior written consent.
The Site may provide links to other web sites and online resources. Because we have no control over such sites and resources, you acknowledge and agree that the Released Parties are not responsible for the availability of such external sites or resources and neither endorse nor are responsible or liable for any content, advertising, products or other materials on or available through such sites or resources. Other web sites may provide links to the Site with or without our authorization. You acknowledge and agree that the Released Parties do not endorse such sites and are not and shall not be responsible or liable for any links from those sites to the Site, any content, advertising, products or other materials available on or through such other sites, or any loss or damages incurred in connection therewith. We shall have the right, at any time and in our sole discretion, to block links to the Site through technological or other means without prior notice.
THE SITE AND ANY PRODUCTS OR SERVICES MADE AVAILABLE THROUGH OR IN CONNECTION WITH THE SITE ARE PROVIDED TO YOU “AS IS,” WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. YOU AGREE THAT YOU MUST EVALUATE, AND THAT YOU BEAR ALL RISKS ASSOCIATED WITH, THE USE OF THE SITE, INCLUDING WITHOUT LIMITATION, ANY RELIANCE ON THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY MATERIALS AVAILABLE THROUGH THE SITE. THE RELEASED PARTIES DISCLAIM ALL WARRANTIES WITH RESPECT TO THE SITE AND ANY PRODUCT OR SERVICE (INCLUDING WITHOUT LIMITATION, THIRD PARTY PRODUCTS AND SERVICES) OBTAINED THROUGH THE SITE, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, AND TITLE.
THE RELEASED PARTIES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, USE, DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF THE SITE, OR UNAUTHORIZED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES, EVEN IF ADVISED IN ADVANCE OF SUCH DAMAGES OR LOSSES. IN PARTICULAR, AND WITHOUT LIMITATION, THE RELEASED PARTIES WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SITE OR FROM ANY CONTENT POSTED ON THE SITE BY US OR ANY THIRD PARTY. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE. OUR MAXIMUM LIABILITY FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO US TO ACCESS AND USE THE SITE OR $50, WHICHEVER IS GREATER. Applicable law may not allow for exclusions or limitations of certain damages, so, only to the extent that such law applies to you, some or all of the above exclusions or limitations may not apply to you. While we try to maintain the integrity and security of the Site and the servers from which the Site is operated, we do not guarantee that the Site will be or remain secure, complete or correct or that access to the Site will be uninterrupted. The Site may include inaccuracies, errors and materials that violate or conflict with this Agreement. Additionally, third parties may make unauthorized alterations to the Site. If you become aware of any unauthorized third party alteration to the Site, contact us at email@example.com with a description of the material(s) at issue and the URL or location on the Site where such material(s) appear.
You agree to defend, indemnify and hold harmless the Released Parties from and against all claims, losses, costs and expenses (including attorneys’ fees) arising out of (a) your use of, or activities in connection with, the Site; or (b) any violation of this Agreement by you.
This Agreement is effective until terminated. You may terminate this Agreement by contacting us in writing to request that your account be terminated. We, in our sole discretion, may terminate your access to or use of the Site, or any part thereof, at any time and for any reason, including if we believe that you have violated or acted inconsistently with the letter or spirit of this Agreement. Upon any such termination, your right to use the Site will immediately cease. You agree that any termination of your access to or use of the Site may be effected without prior notice, and that we may immediately deactivate or delete your password and user name and/or bar any further access to the information and/or files associated with your password and user name. You agree that the Released Parties shall not be liable to you or any third party for any termination of your access to the Site or to any such information or files, and shall not be required to make such information or files available to you after any such termination. We shall maintain the information and files associated with your account only for forty-five (45) days following the effective date of any termination. Thereafter, we shall have no obligation to maintain or provide to you any of the information or files associated with your account. Sections 2-4, 9-11, 13, 15-19 and 23-24 shall survive any expiration or termination of this Agreement.
If you have a question or complaint regarding the Site, please contact us at firstname.lastname@example.org. You may also contact us by writing to The Growth Strategy Company LLC, Attention: Legal Department, 1735 Clarendon Blvd., Arlington, VA 22209.
Pursuant to 47 U.S.C. Section 230(d) as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available on the two web sites GetNetWise (http://kids.getnetwise.org) and OnGuard Online (http://onguardonline.gov/). We do not endorse any of the products or services listed at such site.
The Digital Millennium Copyright Act of 1998 (the “DMCA“) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Site infringe your copyright, you (or your agent) may send us a notice requesting that we remove the material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov for details. Notices and counter-notices should be sent to: Ms. Keary Crawford, The Growth Strategy Company LLC, 1735 Clarendon Blvd., Arlington, VA 22209; email@example.com; telephone 703-217-9236; fax 703-995-0296.
We suggest that you consult your legal advisor before filing a notice or counter-notice.
You represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties. You may not export any Services or software available on or through the Site except as authorized by United States and/or other applicable law. In particular, but without limitation, the Services and any such software may not be exported (a) into any U.S. embargoed countries, or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals, the U.S. Department of Commerce Denied Person’s List or Entity List, or the U.S. Department of State’s List of Statutorily Debarred Parties.
This Agreement does not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and us. If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision. You may not assign, transfer or sublicense any or all of your rights or obligations under this Agreement without our express prior written consent. We may assign, transfer or sublicense any or all of our rights or obligations under this Agreement without restriction. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. This, together with all policies referred to herein, is the entire Agreement between you and us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and us relating to such subject matter. Notices to you may be made via posting to the Site, by e-mail, or by regular mail, in our discretion. The Site may also provide notices of changes to this Agreement or other matters by displaying such notices or by providing links to such notices. Without limitation, you agree that a printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. We will not be responsible for failures to fulfill any obligations due to causes beyond our control. Except as otherwise expressly provided in this Agreement, there shall be no third-party beneficiaries to this Agreement.