Terms of Use

User Agreement

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.

  1. Scope of Agreement

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:

  1. No Medical Care. Growth Resources coaches and staff do not give medical advice or diagnosis.  No information provided in the context of providing Services may be construed as medical advice or diagnosis.  All information on the Website, including any and all group coaching services and group communication services via electronic email or posted on any and all social media platforms is general in nature and not intended for any specific individual or specific application. Any and all such information, products, and services are intended for educational purposes only, and is in no way intended to constitute, and should not be considered by you to be, medical advice, specific or individual business advice, specific or individual professional advice, physician consultation, evaluation, or treatment.  This applies to the description of any and all information, products, and services as well. The information on this site should not be used to diagnose or treat a medical condition or used or relied upon in lieu of clinical or other professional services.
  2. User Participation. User may participate in the Services to the extent User desires, but Growth Resources reserves the right to terminate User’s participation if User in any way abuses membership privileges or is found to be detrimental to the participation, growth, and/or development of other Users in the community.
  3. No Guarantee of Results. Growth Resources makes no guarantees with regard to the specific results that the User will experience or achieve. Any and all Services, including but not limited to courses, content, coaching, or other products and services provided by Growth Resources and Growth Resources Online are intended for informational and opportunity purposes only. The opinions expressed therein are time sensitive and therefore subject to change without notice. The owners, publisher and/or authors offer no warranties of any kind with the information therein. The owners, publisher and/or authors assume no liability for errors, omissions, or inadequacies in the information contained therein or from the use and User interpretations thereof. The owners, publisher and/or authors specifically disclaim any liability from the use or application of the information contained therein or from the interpretation thereof.
  1. Your Use of our Website and Coaching Services

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:

  1. You agree to pay, using a valid credit card (or other form of payment which we may accept from time to time), the fixed and periodic charges set forth on our Website, applicable taxes, and other charges and fees incurred in order to access our Services. We will automatically charge your credit card or other account at the start of the monthly billing period, unless you terminate or cancel your subscription before the relevant billing period begins. Each time you use our Services you reaffirm your agreement that we may charge your credit card (or other form of payment). In the event we cannot charge your account, we reserve the right to terminate your access to our Services.
  2. In addition to the fees and charges set forth above, you are responsible for all charges and fees associated with connecting to and using our Services including without limitation all telephone access lines (including long-distance charges, when applicable), internet service provider fees, telephone and computer equipment, sales taxes and any other fees and charges necessary to access our Services.
  3. For purposes of your use of our Services including identification and billing, you agree to provide us with true, accurate and complete information as required by the subscription or sign up process to the Services, including your legal name, address, telephone number, email address and applicable billing information (e.g., credit card number and expiration date), and to allow us to share your Subscription Data with third parties for the purpose of verifying the information you provide, communicating with you, and billing your credit card or otherwise charging your account. You agree to maintain and promptly update the Subscription Data and any other information you provide to us to keep it accurate. Without limiting any other provision of this Agreement, if you provide any information that is untrue, inaccurate, or incomplete, or we have reasonable grounds to suspect that such is the case, we reserve the right to suspend or terminate your user account or subscription and refuse any and all current or future use by you of our Services. You are obligated to check to ensure that your Subscription Data is current and accurate, and, if not, to correct or update your Subscription Data including your billing information with us by logging into your Growth Resources Online account via the membership dashboard. You agree not to register or subscribe for more than one account, create an account on behalf of someone else, or create a false or misleading identity on our Website. If your registration or subscription is revoked for any reason, you agree not to register or subscribe again with our Services using another user name or through any other means. If we have reason to suspect, in our sole discretion, that your account has previously been terminated, we reserve the right to terminate any new accounts you have registered without any notice to you, or to exercise any other remedies available to us under this Subscription Agreement or by law.
  4. You are entirely responsible for maintaining the confidentiality of your password and user account information. You must notify us immediately in the event of any known or suspected unauthorized use of your user account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your or anyone else’s password or credit card information. In the event of a breach of security by you, you will remain liable for any unauthorized use of your subscription until you update your Subscription Data. If your credit card expires, is canceled, is lost or is subject to use without your authorization, log onto the membership dashboard to update your payment information. If you have questions related to billing and payment, you may reach out to us at [email protected]. You are entirely responsible for any and all activities which occur under your user account.
  5. You agree that all fees and charges assessed by us are nonrefundable. Growth Resources Online is a no-contract, pay-as-you-go service. Therefore, we do not issue refunds, even if you cancel immediately after your credit card is charged for the new billing period. For example, if we charge your credit card on August 10th, and you cancel your account on August 12th, you are still responsible for paying for the entire month. You will retain full access to all membership privileges at your current level through the end of that billing cycle. No subsequent charges will be applied to your credit card, but the amounts already charged are not refunded. We treat all customers equally, so we do not make exceptions to this policy.
  1. Cancellation of Subscription

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.

  1. Availability of Coaching

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.

  1. Health Disclaimer

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.

  1. Restrictions on Use of Materials

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.

  1. Community Standards and Conduct Guidelines

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.

  1. Links

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.

  1. Copyright

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.

  1. Disclaimers of Warranties

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.

  1. Limitation of Liability

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. 

  1. Indemnification

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.

  1. Governing Law and Choice of Forum

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.

  1. Miscellaneous Terms

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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