DISCLAIMER AND TERMS OF USE AGREEMENT



PLEASE READ THIS DISCLAIMER AND TERMS OF USE AGREEMENT (THE ‘AGREEMENT’) CAREFULLY PRIOR TO YOUR USE OF THIS WEB SITE.

BY CLICKING ON THE ‘I AGREE TO THE DISCLAIMER AND TERMS OF USE’ BUTTON ON THE WEBSITE AND THEREAFTER UTILIZING THE SITE, YOU (‘USER’ or ‘YOU’) HEREBY AGREE TO BE LEGALLY BOUND BY THIS AGREEMENT WHICH INCORPORATES BY REFERENCE THE PRIVACY POLICY POSTED ON THE SITE, AS BOTH ARE AMENDED FROM TIME TO TIME. IF THIS AGREEMENT IS NOT ACCEPTABLE AND YOU ARE UNWILLING TO BE BOUND BY IT, PLEASE DO NOT CLICK ON THE ‘I AGREE TO THE DISCLAIMER AND TERMS OF USE’ BUTTON OR OTHERWISE USE THE SITE OR ENTER ANY INFORMATION ABOUT YOURSELF OR TRANSACT ANY BUSINESS THROUGH THIS SITE.

PLEASE ALSO REVIEW OUR CLIENT SERVICES TERMS (http://growthclick.com/clientservicesterms), WHICH APPLY TO CONSULTING, COACHING, AND OTHER PROFESSIONAL SERVICES PROVIDED BY GROWTHCLICK INC, UNLESS SPECIFIED OTHERWISE IN A STATEMENT OF WORK OR WRITTEN AGREEMENT.

PLEASE ALSO REVIEW OUR PRIVACY POLICY AT http://growthclick.com/privacy.

GrowthClick, Inc (referred to as ‘we’ or ‘us’ or ‘GrowthClick’) is the owner and operator of this Website and the Materials (as defined below) sold thereon.

Notice of Commission for Referrals.

The person who referred you (or owner of the domain providing the link that sent you to our website) may receive a commission on your sale. Accordingly, you should not rely entirely on their recommendation in determining whether or not to make a purchase at this site, and you represent that you have done due diligence separate and apart from any and all referrals and recommendations you may have received prior to purchasing from this site.

Notice of Testimonial Affiliate Relationships:

We have NOT prohibited persons who gave testimonials from joining our affiliate program because those who are most satisfied with our work and products make the best promoters. In effect, affiliates who send traffic to our site are providing a testimonial by their willingness to send the traffic. ALL of the testimonials shown were given freely, without promise of any compensation. Notwithstanding the above, in the interest of full disclosure you should know some of the people who have given testimonials may also be affiliates and receive commissions for customers THEY send to our site. Therefore, you should not rely entirely on the testimonials in determining whether or not to make a purchase at this site, and you represent that you have done due diligence separate and apart from any and all testimonials on this site.

Similarly, some of the external links you will find in the materials are tracking links which enable the external site to provide GrowthClick Inc. with a commission in the event you make a purchase on their site, so you should not rely entirely on our endorsement of external sites in determining whether to purchase their products or services. (Notwithstanding the above, we make every effort to only endorse sites we genuinely believe to offer good and valuable products and services)

Eligibility and User’s Warranties and Representations.

We intend that this website and the Materials (as defined below) be used by adults only and Users that can form legally binding contracts under applicable law. Without limiting the foregoing, the website and Materials should not be used by minors. If you do not qualify, you are not permitted to use the website or order the Materials, and you do not have our consent to do so.

Fraud.

Without limiting any other remedies, we may suspend or terminate your account if you are found (by conviction, settlement, insurance or escrow investigation, or otherwise) to have engaged in fraudulent activity in connection with the website.

Links to Third Party Websites.

We may provide links to web pages which are not part of the our web family. These sites are not under our control and we are not responsible for the information or links you may find there. We are providing these links only as a convenience. The presence of these links on any of our websites is not intended to imply our endorsement of that site but to provide a convenient link to relevant sites which are managed by other organizations, companies, or individuals. Accordingly, this Agreement does not apply to your use of unaffiliated sites to which this site only provides links.

User’s Information.

“User’s Information” is defined as any information or other material you provide to us or others in connection with the website. Except as otherwise provided in the Privacy Policy, you are solely responsible for User’s Information, and we act as a passive conduit for the online distribution of User’s Information. We reserve, however, the right to modify or remove from the website, all or any portion of User’s Information or other material that we, in our sole discretion, consider infringing, offensive, abusive, defamatory, obscene, or otherwise unacceptable or unlawful. We also reserve the right to edit User’s Information or other materials for any other reason consistent with the purposes of this Agreement or the website.

License, Access and Interference.

Use of the Site, Materials and Services. The contents of this website and the Materials are protected by copyright, trademark, trade secret and other laws and are the sole and exclusive property of us and/or other owners. We grant you a limited, non-exclusive, revocable, non-assignable, non-sublicensable, non-transferable license to access and make personal, internal business use of the (i) website in order to obtain information about, and/or to purchase the Materials offered on the website and (ii) the Materials. Except as otherwise provided, this license does not include any resale or commercial use of this website or its contents or the Materials; any collection and use of any Materials, descriptions, or prices; any derivative use of this website or its contents or the Materials; any downloading or copying of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. This website or any portion of this website or the Materials, may not be reproduced, duplicated, copied, sold, resold, visited, modified, disclosed, publicly displayed, reverse engineered, disassembled, decompiled or otherwise exploited for any commercial or other purpose without our express written consent. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information or materials (including images, text, page layout, or form) of ours or of any third party on the website without our express written consent. You may not use any meta tags or any other “hidden text” utilizing our name or trademarks without our express written consent. Any unauthorized use of the website terminates the permission and license granted by us. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the website so long as the link does not portray us or any products or services offered on the website in a false, misleading, derogatory, or other manner which we deem offensive. You may not use any logo or other proprietary graphic or trademark on the website as part of the link without our express written permission. You will not use any device, software or routine to interfere or attempt to interfere with the proper working of the website. You will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. We reserve all rights in the Site, Services and Materials that are not expressly granted under this Agreement and no additional rights or licenses are granted to you by implication, estoppel, course of dealing or otherwise.

GrowthClick™ and Innovation-To-Market™ are trademarks of GrowthClick Inc. The trademarks, logos, and service marks (collectively the “Trademarks”), including GrowthClick™, displayed on this Web Site are registered and unregistered trademarks of its affiliates and others. You can view trademarks owned by GrowthClick Inc. on Trademarkia at this link:http://www.trademarkia.com/company-growthclick-inc-3858953-page-1-2 and at http://www.trademarkia.com/innovationtomarket-85644202.html. Nothing contained on this Web Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on this Web Site without the written permission of or such third party that may own the trademark displayed on this Web Site. Your misuse of the Trademarks displayed on this Web Site, or any other content on this Web Site, except as provided herein, is strictly prohibited.

Breach. Without limiting other rights or remedies set forth in this Agreement or as otherwise available by law, we may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your access to the website or the Materials in whole or in part: (a) if you breach this Agreement; (b) if we are unable to verify or authenticate any information you provide to us, should we elect to engage in such verification; or (c) if we believe in our sole discretion that your actions may cause legal liability for you, other users, us or third parties.

Privacy. Our current Privacy Policy is available on the website and is incorporated in this Agreement by reference. We may change our Privacy Policy from time to time, as stated therein.

Warranty Disclaimers and Liability Limitations.

We are the owner, distributor and publisher of the seminars, teleseminars, webinars, workshops, audio files, audio CDs and/or software, DVDs and/or electronically distributed VIDEOS, and/or transcripts, and/or report and/or the accompanying materials described on this site (collectively the ‘Materials’). WE MAKE NO REPRESENTATION OR WARRANTIES WITH RESPECT TO THE ACCURACY, APPLICABILITY, FITNESS, OR COMPLETENESS OF THE CONTENTS OF THESE MATERIALS. The information contained in these Materials are strictly for educational or informational purposes. Therefore, if you wish to apply ideas contained in these Materials, you are taking full responsibility for your actions and are assuming all risks associated with same. You agree that this applies equally to all forms of products and services offered in the Materials, including especially (but not limited to) LIVE AND RECORDED seminars, LIVE AND RECORDED teleseminars, LIVE AND RECORDED webinars, LIVE AND RECORDED workshops, LIVE AND RECORDED telephone calls, and LIVE AND RECORDED consultations (whether delivered in person, via telephone, fax, live chat and/or electronic internet messaging or telephone text messaging.

YOU UNDERSTAND AND AGREE THAT: (I) THERE IS NO GUARANTEE THAT YOU WILL SAVE OR MAKE ANY MONEY USING THE RESOURCES OR METHODOLOGIES THAT WE HAVE DESCRIBED ON THIS SITE OR IN THE MATERIALS; (II) THOUGH THE TESTIMONIALS ARE FROM REAL PEOPLE WHO HAVE USED AND BENEFITED FROM OUR MATERIALS, EACH TESTIMONIAL REFLECTS UNIQUE CIRCUMSTANCES THAT MAY NOT BE APPLICABLE TO YOUR SITUATION (III) EXAMPLES IN THESE MATERIALS OR ON THE SITE ARE NOT TO BE INTERPRETED AS A PROMISE, WARRANTY OR GUARANTEE THAT YOU WILL SAVE OR MAKE MONEY BY USING OUR MATERIALS AND (IV) THE ACTUAL FINANCIAL BENEFIT YOU EXPERIENCE, IF ANY, IS BASED ON FACTORS OUTSIDE OF OUR CONTROL.

ANY CLAIMS MADE OF ACTUAL SAVINGS OR EARNINGS OR EXAMPLES OF ACTUAL RESULTS CAN BE VERIFIED UPON REQUEST. YOUR LEVEL OF SUCCESS IN ATTAINING THE RESULTS CLAIMED IN OUR MATERIALS OR THE SITE DEPENDS ON THE TIME YOU DEVOTE TO THE PROGRAM, IDEAS AND TECHNIQUES MENTIONED, YOUR FINANCES, KNOWLEDGE AND VARIOUS SKILLS AND OTHER FACTORS BEYOND OUR CONTROL. SINCE THESE FACTORS DIFFER ACCORDING TO INDIVIDUALS AND ARE BEYOND OUR CONTROL, WE CANNOT AND DO NOT GUARANTEE OR WARRANTEE YOUR SUCCESS, NOR ARE WE RESPONSIBLE FOR ANY OF YOUR ACTIONS.

OUR MATERIALS AND OUR WEBSITE MAY CONTAIN INFORMATION THAT INCLUDES OR IS BASED UPON FORWARD-LOOKING STATEMENTS. FORWARD-LOOKING STATEMENTS GIVE OUR EXPECTATIONS OR FORECASTS OF FUTURE EVENTS. YOU CAN IDENTIFY THESE STATEMENTS BY THE FACT THAT THEY DO NOT RELATE STRICTLY TO HISTORICAL OR CURRENT FACTS. THEY USE WORDS SUCH AS ‘ANTICIPATE,’ ‘ESTIMATE,’ ‘EXPECT,’ ‘PROJECT,’ ‘INTEND,’ ‘PLAN,’ ‘BELIEVE,’ AND OTHER WORDS AND TERMS OF SIMILAR MEANING IN CONNECTION WITH A DESCRIPTION OF POTENTIAL EARNINGS OR FINANCIAL PERFORMANCE.

ANY AND ALL FORWARD LOOKING STATEMENTS HERE OR ON ANY OF OUR MATERIALS ARE INTENDED TO EXPRESS OUR OPINION OF SAVINGS OR EARNINGS POTENTIAL. MANY FACTORS WILL BE IMPORTANT IN DETERMINING YOUR ACTUAL RESULTS AND NO GUARANTEES OR WARRANTIES ARE MADE THAT YOU WILL ACHIEVE RESULTS SIMILAR TO OURS OR ANYBODY ELSE’S, IN FACT NO GUARANTEES OR WARRANTIES ARE MADE THAT YOU WILL ACHIEVE ANY RESULTS FROM OUR IDEAS AND TECHNIQUES IN OUR MATERIALS.

WE expressly disclaim any and all warranties (express or implied) including but not limited to, the warranties of merchantability, or fitness for any particular purpose IN CONNECTION WITH THE MATERIALS OR THIS WEBSITE OR YOUR USE OF SAME. WE DO NOT WARRANT THAT THIS WEBSITE, ITS SERVERS, OR E-MAIL SENT FROM THE SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

WE shall in no event be held liable to YOU OR any OTHER party for any direct, indirect, punitive, special, incidental or other consequential damages arising directly or indirectly from any use of the materials OR WEBSITE, which ARE provided ‘as is’, and without warranties.

OUR LIABILITY, AND THE LIABILITY OF OUR AFFILIATES, OR ANY OF OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS OR SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE PURCHASE PRICE PAID BY YOU FOR THE MATERIALS OR USE OF THIS SITE.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

As always, the advice of a competent legal, tax, accounting or other professional should be sought.

WE DO NOT WARRANT THE PERFORMANCE, EFFECTIVENESS OR APPLICABILITY OF ANY SITES LISTED OR LINKED TO IN THIS WEBSITE OR THE MATERIALS.

All links are for information purposes only and are not warranted for content, accuracy or any other implied or explicit purpose.

Money Back Guarantee.

If you are not satisfied with the standard Innovation-To-Market Program (including group coaching) for any reason during the first 30 days after purchase, you may request and receive a full refund. Furthermore, unless otherwise specified on the sales page or other written contract you have agreed to, you may discontinue any monthly payment program and cease incurring any further charges for said monthly programs at any time. You may reach our customer service department at 1-604-842-3323 or support@growthclick.com to make any requests regarding the guarantee.

LIVE SEMINARS, 1 ON 1 PERSONALIZED COACHING PROGRAMS, AND OTHER CONSULTING SERVICES are an exception to the above money back guarantee and you agree to be bound to the separate and distinct guarantee as outlined on the page which describes the event or service and links to this agreement.

CONSULTATIONS AND COACHING SERVICES may NOT be refunded once a concrete time has been booked in your consultants schedule, unless otherwise specified on the sales page or other written contract you have agreed to. This is because the consultant and/or coach reserves the time for you, may turn down other business, and is entitled to charge for this service. You explicitly agree this is fair and equitable before paying for such service on this page.

Access to Online Materials After Cancellation.

You will be entitled to access the Online Materials only during the periods you have actively paid for. Once your payments expire, or after six months in the situation of non-renewable programs, your access will be terminated. This includes any previous months or modules you may have paid for, though you shall be entitled to keep any materials you have downloaded during your active program. You explicitly agree to this arrangement.

Rate Lock and Cancellation.

In the event You cancel your program or subscription or fail to make an agreed upon monthly payment, your monthly rate lock for the program or subscription shall become null and void, and if you wish to re-activate your program or subscription it will be at whatever the current regular rate is.

Indemnity.

You agree to indemnify, defend and hold us, our subsidiaries and affiliates and each of our officers, directors, agents, employees, independent contractors and suppliers, harmless from any claim, demand, action, cost and expense, including reasonable attorneys’ fees, due to or arising out of the following events: (i) your giving us any information which is inaccurate; (ii) your breach of any warranty, representation or other obligation set forth in this Agreement; (iii) your negligence or willful misconduct; (iv) your violation of any law, regulation or right of any third party; (v) any dispute or action between you and any third party, including parties selling goods or services through this Site; and (vi) your use of this website or the products or services of us or any third party, except for claims resulting solely from our negligence or willful misconduct.

Release; Covenant Not To Sue.

You hereby release, agree and covenant not to sue us, our subsidiaries and affiliates, and our officers, directors, agents, employees, suppliers and independent contractors, from or in connection with any and all claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with the Materials or your use of this website, other than willful misconduct or our failure to honor an express commitment posted on the website (i.e., if we fail to deliver Materials to you which you paid for). If you are a California resident, you hereby waive California Civil Code §1542, which says: “a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

Notices.

Except as explicitly stated otherwise, any notices shall be given to us by both postal mail at 903-840 Broughton St, Vancouver, BC, Canada, V6G 2A1 and email support@growthclick.com and to you at the email address you provide to us. Notice shall be deemed given 24 hours after email is sent, unless we are notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided by you. In such case, notice shall be deemed given 3 days after the date of mailing.

Arbitration.

Amicable Negotiation: The parties agree that, both during and after the performance of their responsibilities under this Agreement, each of them shall make bona fide efforts to resolve any disputes arising between them by amicable negotiations and provide frank, candid and timely disclosure of all relevant facts, information and documents to facilitate those negotiations.

Efficient Process: The parties further agree to use their best efforts to conduct any dispute resolution procedures herein as efficiently and cost effectively as possible.

Mediation.

The parties agree to attempt to resolve all disputes arising out of or in connection with this agreement, or in respect of any legal relationship associated with it or from it, by mediated negotiation with the assistance of a neutral person appointed by the Canadian Commercial Arbitration Centre.

Arbitration.

If the dispute cannot be settled within 30 days after the mediator has been appointed, or such other period agreed to in writing by the parties, the dispute shall be referred to and finally resolved by arbitration administered by the Canadian Commercial Arbitration Centre, pursuant to its Rules. In the absence of any written agreement otherwise, the place of arbitration shall be Toronto, Ontario, Canada.

Taxes.

With the exception of any GST/HST applicable to Canadian customers, you are responsible for paying any taxes that may be assessed or otherwise due in connection with any transactions or purchases that you make through us or the website.

Currency.

Unless expressed otherwise, all financial amounts and transactions are in US Dollars.

General.

Choice of Law, Headings and Non-waiver. This Agreement shall be exclusively construed, interpreted, governed and enforced in accordance with the laws of the Province of Ontario, Canada, without regard to rules governing conflicts of laws, except that in underlying transactions involving commerce, the enforcement of this arbitration provision shall be governed by the Commercial Arbitration Act of Ontario The parties further agree that this Agreement shall be deemed to have been negotiated, entered into, executed and performed for all purposes within the Province of Nova Scotia. Either party’s failure to act with respect to a breach does not waive the non-breaching party’s right to act with respect to subsequent or similar breaches.

Severability. The invalidity of any portion of this Agreement will not affect the validity of any other provision and any such finding of invalidity or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction. In the event that any provision of this Agreement is held to be invalid or unenforceable, the parties agree that the remaining provisions will be deemed to be in full force and effect as if they had been executed by both parties subsequent to the expungement of the invalid provision. It is expressly understood, however, that the parties hereto intend each and every provision of this Agreement to be valid and enforceable and hereby knowingly waive all rights to object to any provision of this Agreement to the full extent permitted by law. Accordingly, if any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision(s) will, rather than be stricken in their entirety, be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.

Entire Agreement; Amendment. This Agreement and any shrink wrap agreement that comes with the Materials that you purchase, contains the entire Agreement of the parties relating to its subject matter and supersedes any prior or contemporaneous agreements, negotiations, correspondence, understandings or communications, whether oral or written. This Agreement may not be modified or amended except in writing, signed by both parties, or as otherwise provided herein. Because of changes in Internet technology and practices, this Agreement and our security and other policies may change from time to time. Please consult this portion of the website for important changes to the Agreement as they occur. Unless otherwise provided in a separate written agreement between you and us, by using the website after we post any changes to this Agreement, you agree to accept those changes, whether or not you have reviewed them, and such acceptance shall be deemed legally conclusive. If at any time you choose not to accept the terms of this Agreement, you will not use the website. This Agreement applies to your use of this website or other sites that we may own or operate in the future, unless such sites provide otherwise.

Continuing Cooperation. The parties agree to execute any documents or perform such other and further acts as are reasonably necessary to comply with the letter and spirit of this Agreement.

The Materials are © copyrighted by GrowthClick Inc. No part of the Materials may be copied, or changed in any format, sold, or used in any way other than what is outlined within the Materials under any circumstances.

Copyright © 2017 GrowthClick Inc. All rights reserved.