Last Updated Date: 09/30/2019
TERMS OF SERVICE AGREEMENT
The following Terms of Service Agreement (referred to as “TOS” or the “Terms”) between you (referred to as “you” “your”, or “yourself”) and Growth Tools (also referred to as “GT”, “we”, “us”, or “our”) describe the specifications on which you may access and use GT’s website https://growthtools.com, and its tools: DripScripts; Attract; Go Viral; Welcomely, ListGoal; Agent; One Click; Don’t Hit Publish; and Remind “(the "Sites"), as well as any information, tools, and its Services, which shall be defined below, available to you, and conditioned upon your acceptance of all the terms, conditions, policies, and notices stated herein.
PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT CAREFULLY AS IT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU. BY ACCESSING OR USING OUR SITE AND OUR SERVICES, YOU HEREBY AGREE TO BE BOUND BY THESE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IT IS THE RESPONSIBILITY OF YOU, THE USER, CUSTOMER, OR PROSPECTIVE CUSTOMER TO READ THE TERMS BEFORE PROCEEDING TO USE THIS SITES. IF YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS, THEN PLEASE DO NOT ACCESS OR USE OUR SITE OR OUR SERVICES.
ACCEPTANCE OF TERMS
The following TOS is a legally binding agreement that shall govern the relationship with our users and other individuals who may interact or interface with GT, located at 1910 Madison Ave, Memphis, Tennessee 38104, and our Affiliates as defined in this Agreement, in association with the use of the Sites and its Services as defined below.
DESCRIPTION OF WEBSITE SERVICES OFFERED
The Sites offers free online tools which have the following description and shall hereinafter be known as the “Services”:
Each month we create free tools that get you more traffic, subscribers and sales.
Any and all visitors to our Sites, despite whether they are registered or not, shall be deemed as "users" of the herein described Services provided for the purpose of this TOS. Once an individual register's for our Services through the process of creating an account, the user shall then be considered a "member."
Users and/or members acknowledge and agree that the Services provided and made available through our Sites and applications, which may include some mobile applications and may be made available on various social media networking sites, numerous other platforms and downloadable programs, are the sole property of GT. At its discretion, GT 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. GT does hereby reserve the right to cancel and cease offering any of the aforementioned Services and/or products. You, as the end user and/or member, acknowledge, accept and agree that GT 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.
Furthermore, the user and/or member understands, acknowledges, and agrees that the Services offered shall be provided "AS IS" and as such GT shall not assume any responsibility or obligation for the timeliness, missed deliveries, deletion and/or any failure to store user content, communication, or personalization settings.
To register and become a "member" of the Sites, you must be at least the age of majority in your state or province of residence. Minors may use this Sites under the supervision of their parents or legal guardians who agree to be bound by this TOS on their behalf. If you are a parent or legal guardian agreeing to this TOS on behalf of a minor, then you are fully responsible for his or her use of the Sites and Services, including all liabilities. In addition, all members must be in good standing and not an individual that has been previously barred from receiving GT's Services under the laws and statutes of the United States or other applicable jurisdiction.
It is GT’ priority to ensure the safety and privacy of all its visitors, users and members, especially that of children. Therefore, it is for this reason that the parents or legal guardians of any child under the age of 13 that permit their child or children access to the Sites or Services must create a "family" account, which will certify that the individual creating the "family" account is of 18 years of age, and as such the parent or legal guardian of any child or children registered under the "family" account. As the creator of the "family" account, s/he is thereby granting permission for his/her child or children to access the various Services provided, including, but not limited to, message boards, emails, and/or instant messaging. It is the parent's and/or legal guardian's responsibility to determine whether the Sites or any of the Services and/or content provided are age-appropriate for his/her child. For the purposes of this Agreement, individuals who use the “family” account will still be referred to as “you”, “your”, or “yourself”.
When you register, GT may collect information such as your name, e-mail address, birth date, gender, mailing address, occupation, industry and personal interests (“Account Information”). You can edit your Account Information at any time. Furthermore, the registering party hereby acknowledges, understands, and agrees to:
a) furnish factual, correct, current and complete information with regards to yourself as may be requested by the data registration process, and
b) maintain and promptly update your registration and profile information in an effort to maintain accuracy and completeness at all times.
If anyone knowingly provides any information of a false, untrue, inaccurate or incomplete nature, GT will have sufficient grounds and rights to suspend or terminate the member in violation of this aspect of the Agreement, and as such refuse any and all current or future use of GT Services, or any portion thereof.
GROWTH TOOLS’ AFFILIATES
MEMBER ACCOUNT, USERNAME, PASSWORD AND SECURITY
When you set up an account, you are the sole authorized user of your account. You shall be responsible for maintaining the secrecy and confidentiality of your password and for all activities that transpire on or within your account. It is your responsibility for any act or omission of any user(s) that access your account information that, if undertaken by you, would be deemed a violation of this TOS. It shall be your responsibility to notify GT immediately if you notice any unauthorized access, use of your account or password, or any other breach of security. GT shall not be held liable for any losses and/or damages arising from any failure to comply with this clause.
As a user or member of the Sites, you herein acknowledge, understand and agree that all information, text, software, data, photographs, music, video, messages, tags or any other content, whether it is publicly or privately posted and/or transmitted, is your expressed sole responsibility. In short, this means that you are solely responsible for any and all content posted, uploaded, emailed, transmitted or otherwise made available by way of GT’s Services, and as such, we do not guarantee the accuracy, integrity or quality of such content. It is expressly understood that by use of our Sites or Services, you may be exposed to content including, but not limited to, any errors or omissions in any content posted, and/or any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available by GT.
Furthermore, you herein agree not to make use of GT’ Services for the purpose of:
a) uploading, posting, emailing, transmitting, or otherwise making available any content that shall be deemed in our discretion to be unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, offensive, obscene, pornographic, libelous, or invasive of another's privacy, or which is hateful, threatening, or otherwise objectionable to any group defined by race, religion, gender, national origin, or sexual orientation, including without limitation to expressions of bigotry, prejudice, racisms, hatred, or profanity;
b) causing harm to minors in any manner whatsoever;
c) impersonating any individual or entity, including, but not limited to, any GT officials, forum leaders, guides or hosts or falsely stating or otherwise misrepresenting any affiliation with an individual or entity;
d) forging captions, headings ,or titles or otherwise offering any content that you personally have no right to pursuant to any law nor having any contractual or fiduciary relationship with;
e) uploading, posting, emailing, transmitting or otherwise offering any such content that may infringe upon any patent, copyright, trademark, or any other proprietary or intellectual rights of any other individual or entity;
f) uploading, posting, emailing, transmitting or otherwise offering any content that you do not personally have any right to offer pursuant to any law or in accordance with any contractual or fiduciary relationship;
g) uploading, posting, emailing, transmitting, or otherwise offering any unsolicited or unauthorized advertising, promotional flyers, "junk mail," "spam," or any other form of solicitation, except in any such areas that may have been designated for such purpose;
h) uploading, posting, emailing, transmitting, or otherwise offering any source that may contain a software virus or other computer code, any files and/or programs which have been designed to interfere, destroy and/or limit the operation of any computer software, hardware, or telecommunication equipment;
i) disrupting the normal flow of communication, or otherwise acting in any manner that would negatively affect other users' ability to participate in any real time interactions;
j) interfering with or disrupting any of GT Services, servers, and/or networks that may be connected or related to our Site, including, but not limited to, the use of any device software and/or routine to bypass the robot exclusion headers;
k) intentionally or unintentionally violating any local, state, federal, national or international laws, including, but not limited to, rules, guidelines, and/or regulations decreed by the U.S. Securities and Exchange Commission, in addition to any rules of any nation or other securities exchange, that would include without limitation, the New York Stock Exchange, the American Stock Exchange, or NASDAQ, and any regulations having the force of law;
l) providing informational support or resources, concealing and/or disguising the character, location, and or source to any organization delegated by the United States government as a "foreign terrorist organization" in accordance to Section 219 of the Immigration Nationality Act;
m) "stalking" or with the intent to otherwise harass another individual;
n) selling or promoting any products or services, including any controlled pharmaceutical substances, tobacco, or firearms;
o) promoting, soliciting, or participating in any multi-level marketing or pyramid schemes;
p) posting or transmitting any unsolicited advertising, promotional materials, or any other forms of solicitation, including without limitation the solicitation of credit card numbers, solicitation for sponsors, or promotion of raffles or contests without prior consent from us; and/or
q) collecting or storing of any personal data relating to any other member or user in connection with the prohibited conduct and/or activities which have been set forth in the aforementioned paragraphs.
You also agree that you will not attempt to or permit any third party to reverse engineer, decompile, disassemble, translate, derive the source code for, interfere with, rent, sell or lease the Services, any part thereof or access thereto.
GT herein reserves the right, but does not have an obligation, to pre-screen, refuse and/or delete any content currently available through our Services. In addition, we reserve the right to remove and/or delete any such content that would violate the TOS or which would otherwise be considered offensive to other visitors, users and/or members.
GT herein reserves the right to access, preserve and/or disclose member account information and/or content if it is requested to do so by law or in good faith belief that any such action is deemed reasonably necessary for:
a) compliance with any legal process;
b) enforcement of the TOS;
c) responding to any claim that therein contains content in violation of the rights of any third party;
d) responding to requests for customer service; and/or
e) protecting the rights, property, or the personal safety of GT, its visitors, users and members, including the general public.
GT herein reserves the right to include the use of security components that may permit digital information or material to be protected, and that such use of information and/or material is subject to usage guidelines and regulations established by GT or any other content providers supplying content services to GT. You are hereby prohibited from making any attempt to override or circumvent any of the embedded usage rules in our Services. Furthermore, unauthorized reproduction, publication, distribution, or exhibition of any information or materials supplied by our Services, despite whether done so in whole or in part, is expressly prohibited.
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 or upload any software, technology or any other technical data which would be in violation of United States laws or other applicable export and/or import laws.
CONTENT PLACED OR MADE AVAILABLE FOR COMPANY SERVICES
GT shall not lay claim to ownership of any content submitted by any visitor, member, or user made available for inclusion on our Site. Therefore, you hereby grant and allow for GT and our Affiliates the below listed worldwide, royalty-free, sub-licensable, and non-exclusive licenses, as applicable.
a) The content submitted or made available for inclusion, including photos, audio, video, and/or graphics, on the publicly accessible areas of GT’ Site, the license provided to permit to use, distribute, reproduce, modify, adapt, publicly perform and/or publicly display said content on our network Site 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 GT, and shall terminate at such time when you elect to discontinue your membership.
b) For any other content submitted or made available for inclusion on the publicly accessible areas of GT’ Site, you agree to 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 of GT’ Site 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 both users and members.
CONTRIBUTIONS TO COMPANY WEBSITE
GT provides an area for our users and members to contribute feedback to our Site. When you submit ideas, documents, suggestions and/or proposals ("Contributions") to our Sites, you acknowledge and agree that:
a) your contributions do not contain any type of confidential or proprietary information;
b) GT shall not be liable or under any obligation to ensure or maintain confidentiality, expressed or implied, related to any Contributions;
c) GT 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 of GT; and
e) GT is under no obligation to either compensate or provide any form of reimbursement in any manner or nature.
All users and/or members herein agree to indemnify, and hold GT and our Affiliates harmless and defend GT and our Affiliates from any claim or demand, which may include, but is not limited to, damages, losses, liabilities, and all costs and expenses of defense reasonable attorney fees resulting directly or indirectly from a claim made by any third party which may arise from any content a member or user of our Sites may have submitted, posted, modified, transmitted or otherwise made available through our Services, the use of GT Services or your connection with these Services, violations of the TOS, and/or any violation of any such rights of another person.
COMMERCIAL REUSE OF SERVICES
The member or user herein agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit for any commercial reason any part, use of, or access to GT's Site.
USE AND STORAGE GENERAL PRACTICES
You herein acknowledge that GT may set up any such practices and/or limits regarding the use of our Services, without limitation of the maximum number of days that any email, message posting, or any other uploaded content shall be retained by GT, the maximum number of email messages that may be sent and/or received by any member, the maximum volume or size of any email message that may be sent from or may be received by an account on our Site, the maximum disk space allowable that shall be allocated on GT’s servers on the member's behalf, and/or the maximum number of times and/or duration that any member may access our Services in a given period of time. In addition, you also agree that GT has absolutely no responsibility or liability for the removal or failure to maintain storage of any messages and/or other communications or content maintained or transmitted by our Services. You also herein acknowledge that we reserve the right to delete or remove any account that is no longer active for an extended period of time. Furthermore, GT shall reserve the right to modify, discontinue, alter, and/or update these general practices and limits at our discretion without any notice at any time.
GT shall reserve the right at any time it may deem fit, to modify, alter and/or discontinue, whether temporarily or permanently, our Services, 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.
This Sites may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of the Sites at any time, but we have no obligation to update any information on our Sites. You agree that it is your responsibility to monitor changes to our Sites.
As a member of GT, you may cancel or terminate your account, associated email address and/or access to our Services by submitting a cancellation or termination request to email@example.com.
As a member, you agree that GT may, without any prior written notice, immediately suspend, terminate, discontinue and/or limit your account, any email associated with your account, and access to any of our Services. The cause for such termination, discontinuance, suspension and/or limitation of access shall include, but is not limited to:
a) any breach or violation of our TOS or any other incorporated agreement, regulation and/or guideline;
b) by way of requests from law enforcement or any other governmental agencies;
c) the discontinuance, alteration and/or material modification to our Services, or any part thereof;
d) unexpected technical or security issues and/or problems;
e) any extended periods of inactivity;
f) any engagement by you in any fraudulent or illegal activities; and/or
g) the nonpayment of any associated fees that may be owed by you in connection with your account Services. Furthermore, you herein agree that any and all terminations, suspensions, discontinuances, and or limitations of access for cause shall be made at our sole discretion and that we shall not be liable to you or any other third party with regards to the termination of your account, associated email address, and/or access to any of our Services.
The termination of your account with GT shall include any and/or all of the following:
a) the removal of any access to all or part of the Services offered within the Sites;
b) the deletion of your password and any and all related information, files, and any such content that may be associated with or inside your account, or any part thereof; and
c) the barring of any further use of all or part of our Services.
Any correspondence or business dealings with, or the participation in any promotions of, advertisers located on or through our Site, 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 GT 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 Site.
Either GT 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 are not 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 GT shall not be responsible or liable, directly or indirectly, for any such damage or loss which may be a result of, caused by, 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 website or resource.
INTELLECTUAL PROPERTY & PROPRIETARY RIGHTS
As between you and GT, GT owns, solely and exclusively all right, title, and interest in and to the Sites and Services, all content (including, for example, audio, images, photographs, illustrations, text, graphics, logos, button icons, other visuals, videos, copy, etc.) software code, data, and materials thereon, the look, feel, design, and organization of the Sites, and the compilation of the content, code, data, and materials on the Sites, including but not limited to any copyrights, trademark rights, patent rights, database rights, trade secrets, moral right (including the right of authorship and attribution and subsequent modification), sui generis rights and other intellectual property and proprietary rights (whether registered or unregistered in any jurisdiction) therein. Your use of the Sites or Services does not grant you ownership of any content, software, code, data, or materials you may access on the Sites.
You do hereby acknowledge and agree that GT'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 GT or such applicable licensor, you agree not to alter, modify, lease, rent, loan, sell, distribute, transmit, broadcast, publicly perform and/or create any plagiaristic works which are based on GT Services (e.g. Content or Software), in whole or part.
GT herein has granted you a personal, non-transferable, non-exclusive right and license to make use of the object code or our Software, 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 GT for use in accessing our Services.
YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
a) THE USE OF GT 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. GT AND OUR AFFILIATES 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) GT AND OUR AFFILIATES MAKE NO SUCH WARRANTIES THAT (i) GT’S SITES, SERVICES, OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) GT ‘S SITES, SERVICES, OR SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE GT’S SITES, SERVICES, OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION, OR OTHER MATERIALS WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR SITES, SERVICES, OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS CONTAINED IN THE SITES OR SOFTWARE SHALL BE CORRECTED.
c) ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF GT’S SITES, SERVICES, OR SOFTWARE SHALL BE ACCESSED BY YOU IN 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 GT OR BY WAY OF OR FROM OUR SITES, 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 GT AND OUR AFFILIATES 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 SERVICES;
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; AND
e) ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICES.
OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE SERVICES.
The limitation of liability set forth above shall: (a) only apply to the extent permitted by law; and (b) not apply to liability resulting from our gross negligence or willful misconduct, or death or bodily injury resulting from our acts or omissions.
DISPUTE RESOLUTION AND BINDING ARBITRATION
ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR USE OF OUR SITES, SERVICES, OR SOFTWARE, WILL BE RESOLVED BY BINDING ARBITRATION WITH THE AMERICAN ARBITRATION ASSOCIATION. IF THE PARTIES ARE UNABLE TO RESOLVE THEIR ISSUES WITHIN 120 DAYS, THE PARTIES WILL HAVE THE RIGHTS TO LITIGATE CLAIMS IN COURT OR BEOFRE A JURY IN THE APPROPRIATE FORUM.
If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.
In the event you have a dispute, you agree to release GT (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. GT’s content is provided primarily for informational purposes, and no content provided or included in our Services is intended for trading or investing purposes. GT and our Affiliates 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 YOU.
THIRD PARTY BENEFICIARIES
You herein acknowledge, understand and agree, unless otherwise expressly provided in the TOS, that there shall be no third-party beneficiaries to this Agreement.
GT 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 consent to receiving communications from GT, including notifications, emails, text messages, and/or calls regarding our Services, marketing, advertisement, and any other relevant information.
You herein acknowledge, understand, and agree that all of the GT trademarks, copyright, trade name, service marks, and other GT logos, brand features, products, and/or and Service names are trademarks and as such, are and shall remain the property of GT. You herein agree not to display and/or use in any manner the GT logo or marks without obtaining GT’s prior written consent.
COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS NOTICE & PROCEDURES
GT 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, GT may disable and/or terminate the accounts of any members who violate our TOS and/or infringe upon the rights of other users and/or members. If you feel that your work has been duplicated in such a way that would constitute copyright infringement, or if you believe that 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 infringed upon;
c) A description of the location of the website 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; and
f) 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 behalf.
An appointed GT agent for notice of claims of copyright or other intellectual property infringement can be contacted as follows:
Mailing Address: GT Attn: Copyright Agent 1910 Madison Ave Memphis, Tennessee 38104
BE IT KNOWN, that GT complies with all applicable Federal Communications Commission rules and regulations regarding the closed captioning of video content. For more information, please visit our Sites.
This Agreement constitutes the entire Agreement between you and GT and shall govern your use of our Sites, Services, and Software, superseding any prior version of the TOS between you and us with respect to GT. You may also be subject to additional Terms that may apply when you use or purchase certain other GT Services, Affiliate Services, third party content, or third party software.
CHOICE OF LAW AND FORUM
It is at the mutual agreement of both you and GT with regard to the TOS that the relationship shall be governed by the laws of the state of Tennessee 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 and Growth Tools, shall be filed within the courts having jurisdiction within the County of Shelby, Tennessee or the U.S. District Court located in said state. You and GT 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 GT 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.
NO RIGHT OF SURVIVORSHIP NON-TRANSFERABILITY
You acknowledge, understand, and agree that your account is non-transferable and any rights to your ID and/or contents within your account shall terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
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 3 year(s) after said claim or cause of action arose or shall be forever barred.
Please report any and all violations of this TOS to GT as follows:
Mailing Address: Growth Tools Attn: Copyright Agent 1910 Madison Ave Memphis, Tennessee 38104 Telephone: (615) 669-9794
Collection of Information
The Site collects various types of information which shall hereinafter be referred to as “Personal Information”, such as:
- Voluntarily provided information which may include your name, address, email address, billing and/or credit card information etc., which may be used when you purchase products and/or services and to deliver the services you have requested.
- Information automatically collected when visiting our Site, which may include cookies, third party tracking technologies and server logs.
Please rest assured that this Sites shall only collect Personal Information that you knowingly and willingly provide by way of surveys, completed membership forms, and emails. It is the intent of this Sites to use Personal Information only for the purpose for which it was requested and any additional uses specifically provided on this Sites.
We may also gather Personal Information from external sources about the type of browser you are using, IP addresses, social media sites, or type of operating system you are using to assist us in providing and maintaining superior quality service.
You accessing the Sites and using GT’s services, you consent to your Person Information being shared with GT’s affiliated partners, agents, employees, officers, licensors, subcontractors, parents, subsidiaries or any other third parties (“Affiliates”).
It is highly recommended and suggested that you review the privacy policies and statements of any website you choose to use or frequent as a means to better understand the way in which other websites garner, make use of and share information collected.
Use and Disclosure of Information Collected
GT may collect and may make use of Personal Information to assist in the operation of our Sites and to ensure delivery of the Services you need and request. At times, we may find it necessary to use Personal Information as a means to keep you informed of other possible products and/or services that may be available to you from our Sites. GT may also be in contact with you with regards to completing surveys and/or research questionnaires related to your opinion of current or potential future services that may be offered.
GT does not now, nor will it in the future, sell, rent or lease any of our customer lists and/or names to any third parties.
GT may feel it necessary, from time to time, to make contact with you on behalf of other external business partners with regards to a potential new offer which may be of interest to you. If you consent or show interest in presented offers, then, at that time, your Personal Information such as name, email address and/or telephone number, may be shared with the third party.
GT may find it beneficial to share specific data with our trusted partners or Affiliates in an effort to conduct statistical analysis, provide you with email and/or postal mail, deliver support and/or arrange for deliveries to be made. Those third parties shall be strictly prohibited from making use of your Personal Information, other than to deliver those services which you requested. As such they are thus required, in accordance with this Policy, to maintain the strictest of confidentiality with regards to all your Personal Information.
GT may deem it necessary to follow websites and/or pages that our users may frequent in an effort to gleam what types of services and/or products may be the most popular to customers or the general public.
GT may disclose your Personal Information, without prior notice to you, only if required to do so in accordance with applicable laws and/or in a good faith belief that such action is deemed necessary or is required in an effort to:
- Remain in conformance with any decrees, laws and/or statutes or in an effort to comply with any process which may be served upon GT and/or our Site;
- Maintain, safeguard and/or preserve all the rights and/or property of GT; and
- Perform under demanding conditions in an effort to safeguard the personal safety of users of our Sites and/or the general public.
Do we use 'cookies'?
- Understand and save user's preferences for future visits.
- Compile aggregate data about Sites traffic and Sites interactions in order to offer better Sites experiences and tools in the future. We may also use trusted third party services that track this information on our behalf.
You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser settings. Each browser is a little different, so look at your browser's Help menu to learn the correct way to modify your cookies.
If you disable cookies, some features will be disabled. It may affect the user's experience that make your Sites experience more efficient and some of our services will not function properly.
Children Under the Age of 13
GT does not knowingly collect personal identifiable information from children under the age of thirteen (13) without verifiable parental consent. If it is determined that such information has been inadvertently collected on anyone under the age of thirteen (13), we shall immediately take the necessary steps to ensure that such information is deleted from our system's database. Anyone under the age of thirteen (13) must seek and obtain parent or guardian permission to use this Site.
If you change your mind, you may withdraw your consent for the continued collection, use, or disclosure of your Personal Information, at any time, by contacting us at firstname.lastname@example.org. We reserve the right to retain any Personal Information previously collected for the purposes of completing any services or resolving any disputes, as well as for aggregated data analytics.
Unsubscribe or Opt-Out
All users and/or visitors to our Sites have the option to discontinue receiving communication from us and/or reserve the right to discontinue receiving communications by way of email or newsletters. To discontinue or unsubscribe to our website please send an email that you wish to unsubscribe to email@example.com. If you wish to unsubscribe or opt-out from any third party websites, you must go to that specific website to unsubscribe and/or opt-out.
Links to Other Websites
Our Site does contain links to Affiliates and other websites. GT does not claim nor accept responsibility for any privacy policies, practices, and/or procedures of other such websites. Therefore, we encourage all users and visitors to be aware when they leave our Site and to read the privacy statements of each and every website that collects personally identifiable information. The aforementioned Policy applies only and solelyto the information collected by our Site.
GT shall endeavor and shall take every precaution to maintain adequate physical, procedural and technical security with respect to our offices and information storage facilities so as to prevent any loss, misuse, unauthorized access, disclosure or modification of the user's Personal Information under our control.
The company also uses Secure Socket Layer (SSL) for authentication and private communications in an effort to build users' trust and confidence in the internet and Sites use by providing simple and secure access and communication of credit card and Personal Information.
GT reserves the right to update and/or change the terms of our Policy, and as such we will post those change to our Sites homepage, so that our users and/or visitors are always aware of the type of information we collect, how it will be used, and under what circumstances, if any, we may disclose such information. If at any point in time GT decides to make use of any Personally Information on file, in a manner vastly different from that which was stated when this information was initially collected, the user shall be promptly notified by email. The user at that time shall have the option as to whether or not to permit the use of their information in this separate manner.
Acceptance of Terms
Through the use of this Site, you are hereby accepting the terms and conditions stipulated within the aforementioned Policy. If you are not in agreement with this Policy, then you should refrain from further use of our Site. In addition, your continued use of our Sites following the posting of any updates or changes to our Policy shall mean that you are in agreement and acceptance of such changes.
How to Contact Us
If you have any questions or concerns regarding this Policy related to our Site, please feel free to contact us at the following email, telephone number or mailing address.
Telephone Number: (615) 669-9794
Mailing Address: Growth Tools 1910 Madison Ave Memphis, Tennessee 38104