1 – General Terms
When using our websites, you agree to follow the Can-Spam Act (15 U.S.C. $$7701-13). These provisions also apply when you are contacting people by email. It is going to be prohibited for you to send lots of commercial emails to other users that they did not ask for or other such prohibited messages. Some activities that are forbidden include:
- Sending sexually explicit emails
- Harvesting email addresses
- Creating deceptive or false header information
- Using exaggerated subject lines
It is important not to promote products or services that you have through emails unless you have express consent. If you sustain any type of damage or do not follow the Can-Spam Act, we will not be held responsible for this. In this case, by using our services and websites, you consent to indemnify GrowthX and any of our affiliates from claims and damages.
At GrowthX, we have a right to terminate and/or block the access you are allowed to any of our websites. This can apply if we believe that you have violated any of the terms listed in our Agreement. We do not have to give you notice to do this and we can also do without cause. If you are not happy with the services that we provide, you are entitled to terminate. This also means your right of access to our services will stop.
Anyone that is under the age of 14 cannot use any of the services offered by GrowthX nor register on any of our websites.
2 – Use License
The following actions are forbidden:
- Altering or copying materials
- Using the materials for a commercial purpose or display to the public
- Deconstructing any software through backwards engineering techniques
- Discard of copyright symbol or notations attached to materials
- Transfer any information to another party or mirror the materials
If you are found to have violated any of the above conditions, the use license can be terminated by GrowthX. This can happen without notice and at any time. After you have viewed the materials, it is necessary for you to discard any printed copies or delete the electronic materials.
3 – Disclaimer
This disclaimer states that you are responsible for your use of this website and other linked websites connected to materials at GrowthX. We do not take responsibility for any loss that may occur by using this website nor that might develop from the materials used. We also cannot guarantee the uninterrupted use of this website.
There are no warranties attached to our services and information. They are provided to you on an ‘as is’ basis, which means that you accept these services and information with any faults they may have. There are no implied or express warranties nor any statutory warranties. This includes having no warranty for merchantability, non-infringement and fitness for a specific purpose. Moreover, we do not guarantee the accuracy or reliability of the materials provided on our website or any linked websites.
4 – Limitations
This agreement states that GrowthX shall not be liable for any damages you may incur by using our websites, services or accessing this agreement. This will apply despite negligence that may happen and it will also mean that our partners and suppliers will be unaffected too.
If you have been using the website and a dispute arises between you and one or more third parties, you agree that you will not raise damages with GrowthX for this damage. Thus, you release us of any responsibilities and will not take legal action against us.
If you currently reside in California, by reading and agreeing to use GrowthX websites, you are choosing to waive the California Civil Code Section 1542. This piece of legislation expresses that ‘a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor’.
5 – Revisions with Notice
It is possible that the information you read and view on this website could contain errors. This may be photographic mistakes or inaccurate statements. We cannot guarantee that the material is up-to-date, correct or error-free. Our team might carry out revisions to the materials on the website. This can happen at any time and there will be no notice of the changes. But there is no schedule to change materials.
6 – Website Links
It is possible that we will use third party links or resources on our websites. It should be noted that they are not operated by GrowthX. By acknowledging this Agreement, you are stating that GrowthX has no control over the website links and the information they provide to you. We cannot be liable for the products or services, as well as other content that is found on these links. If you sustain any loss or damage, you agree that GrowthX will not be liable for this. You will have access to these links at your own risk.
At any time, we reserve the right to make changes to the terms listed in this Agreement. This can be completed without prior notice and it can apply to other terms and conditions you may find on our website. Thus, it remains your responsibility as a user to review this information on a regular basis. Any modifications that are made will come into effect immediately when they are published. By the continued use of our website, an agreement shall form that you accept these changes to the Terms and Conditions.
8 – Indemnify
In the event that losses or damages occur because of your behaviour, you agree that you will indemnify us, which includes paying any costs of litigation. Your behaviour can include the way you use our services and if you have breached any of the terms and conditions that are included within this Agreement. If we deem it appropriate, we might defend an action and make sure that none of our rights will be adversely affected. If we want to pursue an exclusive defence, we will notify you and this will be at our own expense. But you will still have a duty to indemnify us.
This Agreement states that all of the information and services we offer are on an ‘as is’ basis in regards to faults and as allowed by law. We cannot guarantee that you will be provided with information or services that are uninterrupted or free from interference. GrowthX cannot be held responsible for any damage you may concede from third parties. We will not be responsible for your acts or failure to act on any condition. The exclusions and disclaimers that you read on our Agreement will stand as allowed by law.
9 – Governing Law
The agreement from GrowthX is governed by United Kingdom laws and you are agreeing by using GrowthX that the UN Convention on Contract for the International Sales of Goods and the Uniform Computer Information Transactions Act do not apply. If there is a dispute, this will be settled in courts that are situated in the UK. Thus, the jurisdiction of those courts will apply.
10 – Attorneys’ Fees and Any Legal Expenses
If there are any actions brought regarding a breach or for enforcement of any rights or conditions outlined in this Agreement, the party that prevails will be authorised to recover legal expenses and attorneys’ fees from the other party. All of the fees and expenses will be set by the court and made part of the award during the judgement.
11 – Assigning or Waiving Rights to Another Party
The mentioned agreement that you are currently reading only applies to you. It cannot be assigned to another party and you cannot waive your rights and obligations to a third party. There can be no waiver results from this agreement.
12 – Severability
If there is a term or clause in this Agreement that is deemed to be unenforceable in a court of law, the disputed term will not affect the functioning of the rest of the Agreement provisions. Instead, the invalid term will be terminated from the agreement. If there are any clauses that require the termination of the Agreement in order to come into effect, this shall still happen. For example, this could include provisions relating to intellectual property rights, ownership or licensing.
13 – Limitation on Claims
If you have a claim in relation to this agreement or want to raise a defence in relation to a claim, this must be brought within one year. Otherwise, you will be prohibited from making this action. No regulations, such as a statute of limitations, equitable doctrine or other rule will apply due to you accepting this Agreement.
14 – Entire Agreement
This Agreement is the understanding between both parties and it repeals and replaces any other agreements that existed. Therefore, it is understood at the final agreement between the parties.
There should be no adjustments to this Agreement unless this is stated in writing or on the website for the parties to be aware of changes. Thus, this Agreement should be treated as a document outlining the rights or obligation of users and GrowthX.
15 – Remedies
You consent and agree that if there is a violation or attempted infringement of this Agreement and to intellectual property or this website by you, we have the right to remedies against this violation or attempted infringement from any legal court. Remedies may include a temporary or permanent injunction against you, as well as any other equitable remedy that seem fit. There will be no need to show actual damage, post a bond or other security. The relief that is granted will not be in lieu of legal remedies or damages and they are to be an addition. This should also include recovering legal costs we have had to pay and this will be fixed by a court and part of any award.
Last updated on 01.11.2020