Terms of Service: Understanding Your Rights and Responsibilities

Updated January 1st, 2023

1. Acceptance of Terms & Conditions

By accessing or using the Growthopedia LLC website ("Website"), you agree to be bound by the terms and conditions set forth in this Agreement. If you do not agree to these terms and conditions, you must not access or use the Website.

This Agreement constitutes the entire and only agreement between you and Growthopedia LLC, and supersedes all prior or contemporaneous agreements, representations, warranties, and understandings with respect to the Website, the content, products, or services provided by or through the Website, and the subject matter of this Agreement. This Agreement may be amended by Growthopedia LLC at any time and from time to time without specific notice to you. The latest Agreement will be posted on the Website, and you should review this Agreement prior to accessing or using the Website.

By clicking "I Agree," "Sign Up," or any similar button or by accessing or using the Website, you acknowledge that you have read and understand this Agreement and agree to be bound by its terms and conditions. If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these terms and conditions, and in such event, "you" and "your" will refer to such entity.

2. Updates to Terms of Services

Growthopedia LLC ("we" or "us") may update its Terms of Service agreement ("Agreement") from time to time. We encourage you to review the Agreement periodically for any updates or changes.

If we make any material changes to the Agreement, we will post the updated Agreement on our website and indicate the date of the latest revision. We may also provide notification of any material changes through email or other means.

Your continued access or use of the website or services after the effective date of the updated Agreement constitutes your acceptance of the updated Agreement. If you do not agree to the updated Agreement, you must stop accessing and using the website or services.

If you have any questions about the Agreement or any updates, please contact us at customersupport@growthopedia.com.

3. Your Responsibilities

As a user of the Growthopedia LLC website or services ("you" or "User"), you have certain responsibilities to ensure a positive and safe experience for all users. Please read the following carefully and ensure that you understand and comply with these responsibilities.

1. You are responsible for maintaining the confidentiality of your account and password and for all activities that occur under your account. You agree to immediately notify Growthopedia LLC of any unauthorized use of your account or password or any other breach of security.

2. You agree to use the website or services only for lawful purposes and in accordance with this Agreement. You agree not to use the website or services to:

• Transmit, distribute, or upload any content that is unlawful, defamatory, harassing, abusive, fraudulent, obscene, or that infringes on the rights of any third party.

• Engage in any activities that could damage, disable, overburden, or impair the website or services or interfere with any other party's use and enjoyment of the website or services.

• Attempt to gain unauthorized access to the website or services, other accounts, computer systems, or networks connected to the website or services, through hacking, password mining, or any other means.

• Use any robot, spider, scraper, or other automated means to access the website or services for any purpose without the Company's express written permission.

• Interfere with or disrupt the website or services or servers or networks connected to the website or services, or disobey any requirements, procedures, policies, or regulations of networks connected to the website or services.

1. You agree to respect the intellectual property rights of others and not to use any content on the website or services for any commercial or unauthorized purpose without the express written consent of the owner.

2. You agree to indemnify and hold Growthopedia LLC and its affiliates, officers, agents, and employees harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the website or services, your violation of this Agreement, or your violation of any rights of another.

3. You acknowledge that Growthopedia LLC has the right, but not the obligation, to monitor the content of the website or services and to remove any content that it determines in its sole discretion to be inappropriate or in violation of this Agreement.

4. You understand and agree that the website or services may include advertisements and that these advertisements are necessary for Growthopedia LLC to provide the website or services. You also understand and agree that the website or services may include links to third-party websites or services that are not owned or controlled by Growthopedia LLC. Growthopedia LLC has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that Growthopedia LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.

By accessing or using the website or services, you acknowledge and agree to these responsibilities and agree to comply with them at all times while using the website or services.

4. Prohibited Activities

As a user of the Growthopedia LLC website or services ("you" or "User"), you are prohibited from engaging in certain activities that may be harmful or disruptive to the website or services or to other users. Please read the following carefully and ensure that you do not engage in any of the following activities:

1. Transmitting, distributing, or uploading any content that is unlawful, defamatory, harassing, abusive, fraudulent, obscene, or that infringes on the rights of any third party.

2. Engaging in any activities that could damage, disable, overburden, or impair the website or services or interfere with any other party's use and enjoyment of the website or services.

3. Attempting to gain unauthorized access to the website or services, other accounts, computer systems, or networks connected to the website or services, through hacking, password mining, or any other means.

4. Using any robot, spider, scraper, or other automated means to access the website or services for any purpose without the Company's express written permission.

5. Interfering with or disrupting the website or services or servers or networks connected to the website or services, or disobey any requirements, procedures, policies, or regulations of networks connected to the website or services.

6. Violating any intellectual property rights of others, including but not limited to, copyright, trademark, and patent laws.

7. Using the website or services for any commercial or unauthorized purpose without the express written consent of Growthopedia LLC.

8. Impersonating any person or entity or falsely stating or misrepresenting your affiliation with a person or entity.

By accessing or using the website or services, you acknowledge and agree to these prohibited activities and agree not to engage in any of them while using the website or services. Violation of these prohibited activities may result in termination of your access to the website or services and legal action.

5. Intellectual Property Rights

Growthopedia LLC ("we," "us," or "our") respects the intellectual property rights of others and expects users of the website or services ("you" or "User") to do the same.

1. All content on the website or services, including but not limited to text, graphics, logos, images, and software, is the property of Growthopedia LLC or its licensors and is protected by copyright and other intellectual property laws. You may not use any content on the website or services for any commercial or unauthorized purpose without the express written consent of Growthopedia LLC or the appropriate licensor.

2. Growthopedia LLC, and any other trademarks, service marks, and trade names used on the website or services are the property of Growthopedia LLC and may not be used for any commercial or unauthorized purpose without the express written consent of Growthopedia LLC.

3. If you believe that your intellectual property rights have been infringed by a user of the website or services, please contact us at [contact information] with a detailed description of the alleged infringement and the infringing content.

By accessing or using the website or services, you acknowledge and agree to respect the intellectual property rights of Growthopedia LLC and others and to comply with all applicable laws and regulations. Any unauthorized use of the website or services or the content on the website or services may result in termination of your access to the website or services and legal action.

6. Our Rights

Growthopedia LLC ("we," "us," or "our") reserves the right to take any action we deem necessary or appropriate in our sole discretion to protect the website or services and the rights of Growthopedia LLC and its users.

1. We reserve the right to change, suspend, or discontinue any aspect of the website or services at any time without notice.

2. We reserve the right to impose limits on certain features and services or restrict your access to parts or all of the website or services without notice or liability.

3. We reserve the right to monitor the content of the website or services and to remove any content that we determine in our sole discretion to be inappropriate or in violation of this Agreement.

4. We reserve the right to terminate your access to the website or services at any time and for any reason, including but not limited to, violation of this Agreement or any applicable laws or regulations.

5. We reserve the right to enforce this Agreement and to take legal action against any individuals or entities that violate this Agreement or the rights of Growthopedia LLC or its users.

By accessing or using the website or services, you acknowledge and agree to these rights and agree to comply with them at all times while using the website or services.

7. Third-Party Links and Content

The Growthopedia LLC website or services ("website" or "services") may contain links to third-party websites or services that are not owned or controlled by Growthopedia LLC ("Third-Party Links"). Growthopedia LLC has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services.

Growthopedia LLC does not endorse and is not responsible for the content, products, or services of any Third-Party Links. You acknowledge and agree that Growthopedia LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any Third-Party Links.

The website or services may also include content from third parties, such as articles, blogs, or other materials ("Third-Party Content"). Growthopedia LLC is not responsible for the accuracy, completeness, or timeliness of any Third-Party Content and makes no representations or warranties of any kind regarding such content.

By accessing or using the website or services, you acknowledge and agree that Growthopedia LLC is not responsible for the accuracy, completeness, or timeliness of any Third-Party Links or Third-Party Content and that you use such links and content at your own risk.

8. Online Orders

Growthopedia LLC ("we," "us," or "our") allows users of the website or services ("you" or "User") to place orders for products and services online. Please read the following terms and conditions carefully as they govern the online order process.

1. Product and service availability: All products and services are subject to availability and may be withdrawn at any time. If we are unable to fulfill your order, we will inform you as soon as possible and provide a full refund if payment has already been made.

2. Pricing and payment: Prices for products and services are displayed on the website or services and are subject to change without notice. All prices are in USD and do not include any applicable taxes or fees. You must pay for your order at the time of checkout using the payment methods provided on the website or services. If your payment is not received or is declined, your order will not be processed.

3. Order acceptance and confirmation: Your order is an offer to purchase products and services from us. We may accept or reject your order at our discretion, and we are not obligated to provide any reason for our decision. If we accept your order, we will confirm the acceptance by sending you an email or other notification. The contract between us will be formed when we send you the confirmation.

4. Delivery: We will use reasonable efforts to deliver products and services to you within the estimated delivery time stated at the time of checkout. We are not responsible for any delays in delivery due to events beyond our control, such as natural disasters, strikes, or other circumstances. If we are unable to deliver the products or services within the estimated delivery time, we will inform you as soon as possible and provide you with the option to cancel your order and receive a full refund if payment has already been made.

5. Returns and exchanges: You may return or exchange products in accordance with our return and exchange policy, which is available on the website or services.

6. Cancellation: You may cancel your order at any time before we send you the confirmation of acceptance. After we send you the confirmation, you may cancel your order only if we have not yet shipped the products or provided the services to you. If you wish to cancel your order, please contact us at customersupport@growthopedia.com. If we have already shipped the products or provided the services, you may return the products or request a refund in accordance with our return and exchange policy.

   By placing an order on the website or services, you acknowledge and agree to these terms and conditions and agree to pay for the products or services in accordance with the payment terms.

9. Payment & Fees

Growthopedia LLC ("we," "us," or "our") allows users of the website or services ("you" or "User") to access certain products and services in exchange for payment of fees. Please read the following terms and conditions carefully as they govern the payment and fees process.

1. Fees: The fees for products and services are displayed on the website or services and are subject to change without notice. All fees are in USD and include any applicable taxes or fees. You must pay the fees at the time of purchase or subscription using the payment methods provided on the website or services. If your payment is not received or is declined, your access to the products or services will be suspended or terminated.

2. Subscription: Some products and services may be offered on a subscription basis, in which case you will be charged the applicable fees on a recurring basis until you cancel your subscription. You may cancel your subscription at any time by contacting us at customersupport@growthopedia.com or through the account settings on the website or services. If you cancel your subscription, your access to the products or services will be terminated at the end of the current billing cycle.

3. Refunds: We do not offer refunds for any fees unless required by law or unless otherwise specified in this Agreement or in our refund policy, which is available on the website or services.

4. Promotions and discounts: We may offer promotions or discounts on the fees for certain products or services at our discretion. These promotions or discounts may be subject to certain terms and conditions, which will be specified at the time of the promotion or discount.

By accessing or using the products or services, you acknowledge and agree to pay the applicable fees and to be bound by this Payment and Fees Agreement. If you do not agree to these terms and conditions, you must not access or use the products or services.

10. Subscription Cancellation

If you wish to cancel your subscription to a product or service offered by Growthopedia LLC ("we," "us," or "our"), you may do so at any time by contacting us at customersupport@growthopedia.com or through the account settings on the website or services.

Upon cancellation, your access to the product or service will be terminated at the end of the current billing cycle. You will not be charged for any future billing cycles.

Please note that we do not offer refunds for any fees unless required by law or unless otherwise specified in our refund policy, which is available on the website or services.

By canceling your subscription, you acknowledge and agree that you will no longer have access to the product or service and that you will not be entitled to any further fees or refunds. If you have any questions about the cancellation process, please contact us at customersupport@growthopedia.com.

11. Disclaimers, Liability, Idemnification

Disclaimers

Growthopedia LLC ("we," "us," or "our") makes no representations or warranties of any kind, express or implied, as to the operation of the website or services or the information, content, materials, or products included on the website or services.

To the full extent permissible by applicable law, we disclaim all warranties, express or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose. We do not warrant that the website or services, or any content on the website or services, will be error-free or free from viruses or other harmful components.

Liability

We will not be liable for any damages of any kind arising from the use of the website or services, including but not limited to, direct, indirect, incidental, punitive, and consequential damages.

Indemnification

You agree to indemnify and hold Growthopedia LLC and its affiliates, officers, agents, and employees harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the website or services, your violation of this Agreement, or your violation of any rights of another.

By accessing or using the website or services, you acknowledge and agree to these disclaimers, liability, and indemnification terms and agree to be bound by them.

12. Privacy Policy

Growthopedia LLC ("we," "us," or "our") is committed to protecting the privacy of users of the website or services ("you" or "User"). Please read the our Privacy Policy carefully to understand how we collect, use, and disclose personal information.

13. Governing Law

This Agreement and your use of the website or services offered by Growthopedia LLC ("we," "us," or "our") shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law.

Any dispute arising out of or relating to this Agreement or the website or services shall be resolved through binding arbitration in accordance with the [arbitration organization] rules, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

By accessing or using the website or services, you acknowledge and agree to be bound by this Governing Law provision and agree to resolve any disputes through binding arbitration in California.

14. Severability

If any provision of this Agreement is found to be invalid or unenforceable, that provision shall be enforced to the maximum extent possible, and the remaining provisions shall remain in full force and effect.

This Severability provision is intended to ensure that the terms of this Agreement are enforceable to the fullest extent possible and that the Agreement will continue to be valid and enforceable even if any individual provisions are found to be invalid or unenforceable.

By accessing or using the website or services, you acknowledge and agree to this Severability provision and agree that the Agreement will remain valid and enforceable even if any individual provisions are found to be invalid or unenforceable.

15. Entire Terms of Service

This Agreement, including any additional terms and conditions, policies, and guidelines incorporated by reference, constitutes the entire agreement between you and Growthopedia LLC ("we," "us," or "our") and governs your use of the website or services.

This Agreement supersedes any prior agreements or understandings, whether written or oral, and any additional or conflicting terms and conditions contained in any purchase order or other document are void and have no effect.

By accessing or using the website or services, you acknowledge and agree to be bound by this Entire Terms of Service provision and agree that this Agreement constitutes the entire understanding between you and us.

16. Waiver

The failure of Growthopedia LLC ("we," "us," or "our") to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.

This Waiver provision is intended to ensure that the rights and provisions of this Agreement can be enforced at any time and that a failure to exercise or enforce any right or provision does not waive our right to do so in the future.

By accessing or using the website or services, you acknowledge and agree to this Waiver provision and agree that our failure to exercise or enforce any right or provision shall not constitute a waiver of such right or provision.

17. Notice

Any notice or communication required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been given if delivered personally, sent by email, or mailed by first-class mail to the address of the party set forth in this Agreement or to such other address as either party may specify in writing.

This Notice provision is intended to establish the methods by which notice or communication may be given under this Agreement.

By accessing or using the website or services, you acknowledge and agree to this Notice provision and agree that any notice or communication required or permitted under this Agreement may be given in the manner specified.

Last Updated January 1st, 2023