Growth Resources Online
PLEASE CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS RELATING TO YOUR USE AND/OR ACCESS TO OUR WEBSITE, OUR COURSES, OUR MEMBERSHIP AREA, OUR COACHING SERVICES, AND OTHER SERVICES AND PRODUCTS PROVIDED BY US.
By using our website (www.growthresourcesonline.com), Content, Courses, and Coaching Services delivered through various platforms that we utilize (online membership system, group coaching, webinar trainings, group email, individualized email coaching, and phone coaching), and/or other services we provide, you agree to the terms and conditions set forth in this User Agreement (“Agreement”). The Website, and/or Membership, and/or Content, and/or Coaching, and/or Programs and/or all other products and/or services offered by Growth Resources Online currently and in the future in any combination (part, whole, or any combination) as applicable are herein collectively referred to as “Services.” We reserve the right, in our sole discretion, to change, modify, add or remove provisions of this Agreement at any time. You should check this Agreement periodically for changes. By using our Services after we post any changes to this Agreement or otherwise notify you of such changes, you agree to accept those changes, whether or not you have reviewed them. If you do not agree to this Agreement, you should not use our Services and you should arrange to cancel your registered user account with us, as applicable.
Unless we indicate otherwise, this Agreement applies to your use of the Website which is owned and operated by Growth Resources (“Growth Resources,” “we,” “us,” or “our”), including, without limitation, our website www.growthresourcesonline.com (collectively, “Website”), and any other website that we may own or operate currently or in the future, and all of the online courses, group, and individual coaching and/or programs, content, products and/or services that we may offer currently or in the future. “You” or “User(s)” or “your” or “client” or similar terms refer to you the User of our Services that we offer now or in the future. The parties agree as follows:
Unless otherwise specified, we grant you a non-exclusive, non-transferable, limited right to access, use and display of our Website and the material provided thereon, and the coaching that you subscribed to, for your personal, noncommercial use, provided that you comply fully with the provisions of this Agreement. You agree not to assign, transfer or sublicense your rights as a registered user of, or subscriber to, our Services. You understand that only you may use your user account and password and that your subscription to our Services is only valid for your personal, noncommercial use and may not be shared with others. You agree to be financially responsible for all usage or activity of our Website, coaching, and/or Services subscribed to by you. To subscribe to coaching, you represent that you are a United States citizen or resident with a valid United States mailing address and that you are eighteen years or older and have the right, capacity and authority to enter into and abide by these Terms and Conditions.
By using our Services, you agree to be legally bound and to abide by this Agreement, just as if you had signed this Agreement. If you do not comply with this Agreement at any time, we reserve the right to cancel or terminate your password, user account, and/or access to our Services. In our sole discretion and without prior notice or liability, we may discontinue, modify or alter any aspect of the Services, including, but not limited to, (i) restricting the time the Website and/or coaching is available, (ii) restricting the amount of use permitted, and (iii) restricting or terminating any user’s right to use the Services. You agree that any termination or cancellation of your access to, or use of, the Services may be effected without prior notice. If you do not abide by the terms of this Agreement, except as we may otherwise provide from time to time, you agree that we may immediately deactivate or delete your user account and all related information and/or files in your user account and/or bar any further access to such information and/or files, our Website (or any part thereof), and/or coaching and/or Services. Further, you agree that we will not be liable to you or any third party for any termination or cancellation of your access to, or use of, our Services, in accordance with Section 4 of this Agreement. You acknowledge that your only right with respect to any dissatisfaction with any modification or discontinuation of service made by us pursuant to this provision or this Agreement, or any policies or practices by us in providing our Services including without limitation any change in content or any change in the amount or type of fees or charges associated with the Services, is to cancel or terminate your subscription or registered user account, as applicable.
3. Charges and Fees
Certain portions, components, content and features of our Website and associated Services may only be available to individuals who purchase a membership. As a subscriber to our Services, you agree as follows:
Either you or Growth Resources may terminate or cancel your subscription to Services at any time. You understand and agree that the cancellation or termination of your subscription is your sole right and remedy with respect to any dispute with us including, without limitation, any dispute related to, or arising out of: (i) any terms of this Agreement or our enforcement or application of this Agreement; (ii) any practice or policy of Growth Resources or our enforcement or application of these policies; (iii) the content available through our Website and/or coaching or any change in content provided through the Website and/or coaching; (iv) your ability to access and/or use our Website and/or coaching Services; or (v) the amount or types of our fees or charges, surcharges, applicable taxes, or billing methods, or any change to our fees or charges, applicable taxes, or billing methods.
You can cancel your subscription by contacting us @ [email protected] or directly via the membership portal. We will attempt to process all cancellation requests within 48 hours after we receive your request. If you cancel near the end of your billing period and are inadvertently charged for the next period’s fee, contact us to have the charges reversed.
The availability and use of our Coaching Services (any variation thereof, group and/or individual, via email and/or phone) may be limited based on demographic, geographic, health or other criteria as we may establish from time to time. You understand and agree we may disallow you from subscribing to Coaching or may terminate your subscription to Coaching at any time based on these criteria.
Our Services provide lifestyle-related content published over the Internet and are intended only to assist users in their personal development efforts and goals. Growth Resources is providing these services as non-medical services and the courses and/or content and/or coaching are not to be construed as clinical intervention or therapeutic counseling and our staff cannot give you clinical, psychiatric, psychological or other therapeutic advice or diagnosis. Individuals with chronic psychiatric or psychological health concerns requiring supervision are specifically advised to seek professional medical advice.
You acknowledge that our Website contains information in various forms, collectively known as “Content,” that is protected by copyrights, trademarks, and/or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. All trademarks and trade names appearing on our Website are trademarks and trade names of their respective owners. You may not modify, publish, transmit, distribute, perform, participate in the transfer or sale, create derivative works of, or in any way exploit, any of the Content, in whole or in part. When Content is downloaded to your computer or mobile phone or other electronic device, you do not obtain any ownership interest in such Content. Modification of the Content or use of the Content for any other purpose, including, but not limited to, use of any Content in printed form or on any other website or networked computer environment is strictly prohibited.
Your privilege to use our Services and contribute to discussions on the Community Platform depends on your compliance with the community standards and conduct guidelines set forth on said platform. We may take any appropriate measures to enforce these community standards and conduct guidelines if violations are brought to our attention. Further, if you fail to adhere to our community standards and conduct guidelines, or any part of this User Agreement, we may terminate, in our sole discretion, your use of, or participation in, any Community Platform.
This Agreement applies only to our Website and not to the websites of any other person or entity. We may provide links to other websites or resources. You acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse (and are not responsible or liable for) any content, advertising, products, or other materials on or available from such websites or resources. You further acknowledge and agree that, under no circumstances, will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, advertisements, products or other resources available on any other website (regardless of whether we directly or indirectly link to such content, advertisements, products or other resources). You should direct any concerns with respect to any other website to that website’s administrator or webmaster.
We respect the intellectual property of others, and we ask our users to do the same. We may, in appropriate circumstances and in our sole discretion, terminate the rights of any user to use our Website (or any part thereof) who infringes the intellectual property rights of others.
PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES: THE PRODUCTS, SERVICES, OFFERINGS, CONTENT AND MATERIALS (INCLUDING, WITHOUT LIMITATION, THE COACHING) ON OUR WEBSITE AND/OR ANY OTHER PLATFORM ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, COMPATABILITY, SECURITY, ACCURACY OR NON-INFRINGEMENT. THOUGH WE HAVE TAKEN SUFFICIENT AND APPROPRIATE STEPS TO INSURE OTHERWISE, GROWTH RESOURCES DOES NOT WARRANT THAT OUR WEBSITE OR ANY FUNCTION CONTAINED IN OUR WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT OUR WEBSITE OR THE SERVERS THAT MAKE OUR WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY PRODUCT, OFFERING, CONTENT AND MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR WEBSITE IS DONE AT YOUR SOLE RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE PHONE, AND/OR ANY OTHER ELECTRONIC DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH PRODUCT, OFFERING, CONTENT OR MATERIAL. GROWTH RESOURCES MAKES NO REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PRODUCTS, OFFERINGS, CONTENT AND MATERIALS (INCLUDING, WITHOUT LIMITATION, THE COACHING) IN OUR WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU FROM OUR PERSONNEL OR THROUGH OUR WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THIS AGREEMENT.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT GROWTH RESOURCES WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, OR RESULTING FROM, (A) THE USE OR THE INABILITY TO USE OUR WEBSITE (INCLUDING, WITHOUT LIMITATION, COACHING AND/OR THE FEE- BASED PRODUCTS); (B) THE USE OF ANY CONTENT OR OTHER MATERIAL (INCLUDING, WITHOUT LIMITATION, THE COACHING) ON OUR WEBSITE OR ANY WEBSITE OR WEBSITES LINKED TO OUR WEBSITE, (C) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM OUR WEBSITE (INCLUDING, WITHOUT LIMITATION, THE COACHING); (D) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (E) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR WEBSITE (INCLUDING, WITHOUT LIMITATION, THE COACHING); OR (F) ANY OTHER MATTER RELATING TO OUR WEBSITE. IN NO EVENT WILL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING OUR WEBSITE OR FOR PARTICIPATING IN COACHING OR ANY OF OUR FEE-BASED SERVICES OR FREE SERVICES. IF YOU ARE DISSATISFIED WITH ANY PORTION OF OUR WEBSITE AND/OR COACHING OR OTHER SERVICES, OR WITH ANY OF PROVISION OF THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS THE DISCONTINUATION OF YOUR USE OF OUR WEBSITE, AND/OR COACHING AND/OR SERVICES.
You agree to indemnify and hold harmless our owners from any and all third party claims, liability, damages and/or costs (including, but not limited to, reasonable attorney’s fees and expenses) arising from your improper use of our Website, our products, offerings, or Services (including, without limitation, the Coaching), your violation of this Agreement, or your infringement, or the infringement or use by any other user of your account, of any intellectual property or other right of any person or entity.
This Agreement will be governed by and construed in accordance with the laws of the State of Tennessee, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to your use of our Services, Website (including, without limitation, the Coaching) or this Agreement will be filed only in the state or federal courts located in Knox County in the State of Tennessee and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these terms and will not affect the validity and enforceability of any remaining provisions. This Agreement is the entire agreement between you and us relating to the subject matter herein.
This Agreement may be modified only by our posting of changes to this Agreement on our Website or through the use of electronic mail. Each time you access our Website you will be deemed to have accepted any such changes.
We may assign our rights and obligations under this Agreement. This Agreement will inure to the benefit of our successors, assigns and licensees. The failure of either party to insist in any one or more instances upon the strict performance of the terms, covenants, or conditions of this Agreement and to exercise any right under this Agreement, will not be construed as a waiver or relinquishment to any extent of such party’s right to assert or rely upon any such provision or right in that or any other instance; rather, the obligations of the other party with respect to future performance will be and remain in full force and effect.
Last revised: May 24, 2018
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