IMPORTANT – PLEASE CAREFULLY READ AND UNDERSTAND OUR TERMS OF USE AND CONDITIONS OF SALE (“TERMS” OR “AGREEMENT”) BEFORE ACCESSING, USING, PLACING AN ORDER, OR MAKING A TRANSACTION THROUGH OUR WEBSITE. THESE TERMS CONTAIN DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITIES (SEE SECTIONS 15 AND 16). THESE TERMS FORM AN ESSENTIAL BASIS OF OUR AGREEMENT. PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS.
Your use of this website, including any sub-domains thereof, affiliated websites, and mobile applications (collectively, the “Website”), which are owned and maintained by Growth Hacking LLC (“Growth Hacking,” “we,” “our,” “us”), are governed by the policies, terms, and conditions set forth below. Please read our terms carefully. We offer the Website, including all information, tools, products, course materials, curriculums, interactive materials, and services available from the Website to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here. By accessing, using, placing an order, or making a transaction over the Website, you agree to the terms set forth herein. If you do not agree to these terms and conditions in their entirety, you are not authorized to use the Website in any manner or form whatsoever.
THIS AGREEMENT CONTAINS ARBITRATION AND CLASS ACTION WAIVER PROVISIONS THAT WAIVE YOUR RIGHT TO A COURT HEARING, RIGHT TO A JURY TRIAL, AND RIGHT TO PARTICIPATE IN A CLASS ACTION. ARBITRATION IS MANDATORY AND IS THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES UNLESS SPECIFIED BELOW IN SECTION 17 OR IF YOU OPT-OUT. PLEASE CAREFULLY REVIEW THE DISPUTE RESOLUTION PROVISIONS IN SECTION 17 BELOW, WHICH DESCRIBES YOUR RIGHT TO OPT-OUT.
You can review the most current version of the Terms at any time on this page: https://go.growthhacking.com/terms-conditions. We reserve the right to update, change, or replace any part of these Terms by posting updates and/or changes to our Website. It is your responsibility to check this page periodically for changes. YOUR CONTINUED USE OF OR ACCESS TO THE WEBSITE FOLLOWING THE POSTING OF ANY CHANGES CONSTITUTES BINDING ACCEPTANCE OF THOSE CHANGES.
Overview
Table of Contents
1:Website Use
2: Privacy and Security Disclosure
3: General Conditions and Website User Conduct Restrictions
4: No Professional Advice; No Results Guarantee
5: Education Disclosure
6: Modifications to the Website and Prices
7: Account Registration
8: User Communications
9: Order Placement and Acceptance; Subscription Billing Disclosure
10: Refund Policy
11: Payment
12: Social Media
13: Attending Events
14: Digital Millennium Copyright Notice
15: DISCLAIMER OF WARRANTIES
16: DISCLAIMER OF LIABILITIES
17: DISPUTE RESOLUTION BY MANDATORY BINDING ARBITRATION AND CLASS ACTION WAIVER
18: Indemnification
19: Third-Party Websites and Links
20: Testimonials, Reviews, and Other Submissions
21: Electronic Communications
22: Assignment
23: No Waiver
24: Severability
25: Termination
26: Entire Agreement
27: Questions or Additional Information
By using the Website and agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence. If you use the Website, you affirm that you have the legal capacity to enter into a binding contract with us, have read this Agreement, and understand and agree to its terms.
Growth Hacking’s Privacy Policy for the Website may be viewed here: https://go.growthhacking.com/privacy-policy. The Privacy Policy is incorporated into these Terms by reference and constitutes a part of these Terms.
All aspects of our Website are protected by U.S. and international copyright, trademark, and other intellectual property laws. You do not acquire any ownership or other rights by downloading or using the Website or any material on it.
You agree not to use or attempt to use the Website or any products or services in any unlawful manner or for any unlawful purpose. You further agree not to commit any unlawful act or attempt to commit any unlawful act on or through the Website including, but not limited to: (1) hacking and other digital or physical attacks on the Website; (2) publishing vulgar, abusive, obscene, or defamatory material; (3) soliciting others to perform or participate in any unlawful acts; (4) violating any international, federal, provincial or state regulations, rules, laws, or local ordinances; (5) infringing upon or violating our intellectual property rights or the intellectual property rights of others; (6) harassing, abusing, insulting, harming, defaming, slandering, disparaging, intimidating, or discriminating based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (7) submitting false or misleading information; (8) uploading or transmitmting viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website; (9) collecting or tracking the personal information of others; (10) interfering with or circumventing the security features of the Website; or (11) any other unlawful act.
Growth Hacking reserves the right to terminate your access to the Website or any of its products or services if it determines that you (1) do not comply with these Terms; (2) provide false, inaccurate, or incomplete information during our registration process; (3) engage in any conduct that would otherwise harm any of Growth Hacking’s rights or interests in its Website, products, services, or other property; or (4) for any or no reason whatsoever without prior notice to you. Growth Hacking may take any other actions necessary in this regard or seek any remedies permitted by law.
Our programs provide educational and informational resources intended to help you improve your business practices and personal development. However, the information provided through our Website, coaching sessions, materials, and any related communications should not be construed as professional, legal, financial, or accounting advice, or as a “Business Opportunity” under the Federal Trade Commission’s Business Opportunity Rule, 16 C.F.R. Part 437. You alone are solely responsible for determining whether any information you receive from Growth Hacking is appropriate or suitable for you based on your business objectives and personal and financial situation.
While we are committed to providing high-quality programs resources to support your growth, we make no guarantees about the results you will achieve. The success of our programs depend on various factors that are beyond our control, including your commitment, participation, effort, and individual circumstances. Therefore, we cannot and do not guarantee any specific outcomes, financial results, business growth, or personal development improvements because of participating in our programs. You acknowledge and agree that you are fully responsible for your own actions, decisions, and outcomes in relation to your participation in our programs. Any reliance you place on the information provided is strictly at your own risk. We encourage you to seek independent professional advice before making any business decisions.
Growth Hacking is a privately-owned for profit company that provides general education, and this Website is for general education and informational purposes only. It is not, and is not affiliated with any, educational institutions or other accredited entities. Growth Hacking does not register students, does not offer accredited courses or programs of study, and does not grant a degree or diploma upon completion of our programming. As such, Growth Hacking does not intend to provide, or purport to provide, in any way, education, course materials, or training that is required by any law or employer, and is not intended nor implied to be a substitute for education provided by an accredited entity. You assume full responsibility for how you choose to use the information provided by Growth Hacking. Growth Hacking does not provide any guarantee regarding the amount of success students could or will have, nor any guarantee regarding ability to get or create jobs upon completion of our programs.
We reserve the right to modify or discontinue access to the Website (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third party for any modification, suspension, or discontinuance of access to the Website. Certain products or services may be available exclusively online through the Website.
All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. Any offer for any product or service made on this Website is void where prohibited.
In order to access some of the products or services of the Website, you will be required to create an account. By creating this account, you agree to the following:
- You may only maintain a single account;
- You may never share your account user name or password or knowingly provide or authorize access to your account;
- You may never use another user’s account without permission;
- When creating your account, you must provide accurate and complete information;
- You are solely responsible for the activity that occurs on your account, and you must keep your account password secure;
- You must notify us immediately of any breach of security or unauthorized use of your account; and
- You will be liable for any use made of your account or password and the losses of Growth Hacking or others due to such unauthorized use. We will not be liable for your losses caused by any unauthorized use of your account.
Growth Hacking has the right, in its sole discretion, to cancel your account or suspend your access to the Website.
By using any Growth Hacking services, and accessing the services, you expressly consent to receive electronically all communications, agreements, documents, notices and disclosures (“Notices'') that we provide in connection with your account and your use of the services. Notices may, without limitation, take the form of electronic mail, in-app messages, and in-Website communications. Additionally, Notices may take the form of electronic mail containing promotional, marketing, and advertising information and recommendations that we believe may be of interest to you. If you do not wish to receive such promotional emails, you may unsubscribe at any time by following the instructions within, and Growth Hacking will honor any requests to unsubscribe within 30 days.
Growth Hacking may, at its discretion, use SMS services to deliver Notices to end users and clients. The information received is requested by the end user or is based on an existing business relationship or transaction with Growth Hacking. The information sent does not contain advertising or a solicitation. Message frequency varies. Message and data rates may apply. Users can text HELP to the sending number for help and reply STOP to cancel receiving text messages. Carriers are not liable for delayed or undelivered messages.
Your electronic order confirmation, or any form of confirmation, does not signify our acceptance of your order. We reserve the right to accept or deny anyone’s order for any reason. In the event we deny your order, you will receive a refund to your original form of payment. You understand and agree that we will not be liable for any losses or damages that may result from our refusal to provide you any product or service. We reserve the right to require additional information before processing any order.
Many of Growth Hacking’s products and services are offered on a subscription basis. If you purchase a subscription, it is automatically billed each stated period (e.g. annual or monthly) to the payment method you provided when you purchased the subscription unless and until you cancel the subscription. We may use an account updater to automatically update your payment information in the event it changes, in which case, your renewal will be billed to the updated account information. If you wish to cancel your subscription, you may do so at any time; however, you must cancel your subscription at least forty-eight (48) hours prior to your next billing date to avoid being billed for the next renewal period. You can cancel your subscription by accessing your account. You may also cancel your subscription by contacting Customer Support by phone at (512) 539-0028 or email at [email protected]. Please visit our Contact Us Page for additional contact information.
Subscription payments are non-refundable and all sales are final unless otherwise indicated. When you cancel your subscription, you will have access to the product or service until the end of that subscription period.
From time to time, Growth Hacking may advertise a money-back guarantee in connection with the purchase of a particular product or service. The terms of that guarantee will be stated at the time of purchase. Regardless of the specific terms of any advertised money-back guarantee, the money-back guarantee shall only be available for the stated period. Additionally, customers who elect a refund under any money-back guarantee and then resubscribe to the same product or service within a two-year period will not be entitled to any applicable money-back guarantee.
All charges are in U.S. Dollars. By submitting payment information to us, you represent and agree that: (i) you are fully authorized to use that card or account; (ii) all payment information provided is complete and accurate; (iv) you will be responsible for any payment card fees; and (v) that sufficient funds exist to pay us the amount(s) due.
We and our third-party payment service providers may request, and we may receive, updated payment card information from your card issuer, such as updated card numbers and expiration date information when your payment card has expired. If such updated information is provided to us and our third-party payment service providers, we will update your account information accordingly. Your payment card issuer may give you the right to opt-out of providing vendors and third-party payment service providers with your updated credit card information. If you wish to opt-out of your payment card’s updating service, you should contact your payment card issuer.
We are not responsible for any fees or charges that your bank or payment card issuer may apply. If your bank or credit card issuer reverses a charge to your credit card, we may bill you directly and seek payment by another method including a mailed statement.
If you choose to purchase a ticket to an in-person event organized or promoted by Growth Hacking, your purchase confirms your agreement to our Media Release form and Liability Agreement. You may additionally be asked to sign these documents when arriving at the event in person. The text from each of these agreements is contained below, and may be updated along with the Terms at any point. As such, the forms you are required to sign when appearing in person may include different terms.
I hereby grant Growth Hacking (the "Organizers”) the irrevocable right and permission to use photographs and/or video recordings of me on website(s), publications, promotional flyers, educational materials, derivative works, or for any other similar purpose without compensation to me. I understand and agree that such photographs and/or video recordings of me may be placed on the Internet. I also understand and agree that I may be identified by name and/or title in printed, Internet or broadcast information, that might accompany the photographs and/or video recordings of me. I waive the right to approve the final product. I agree that all such portraits, pictures, photographs, video, and audio recordings, and any reproductions thereof, and all plates, negatives, recording tape, and digital files are and shall remain the property of the Organizers.
I hereby release, acquit, and forever discharge the Organizers, its current and former trustees, agents, officers and employees of the above-named entities from any and all claims, demands, rights, promises, damages and liabilities arising out of or in connection with the use or distribution of said photographs and/or video recordings, including but not limited to any claims for invasion of privacy, appropriation of likeness or defamation. This release is binding on me and my heirs, assigns and personal representatives.
I, (“Attendee”), acknowledge that I have voluntarily requested to participate in an event, or attend or avail myself of any related social functions or transportation amenities, to be hosted and provided by Growth Hacking, LLC., (collectively the “Activities”).
I AM AWARE THAT THE ACTIVITIES ARE POTENTIALLY HAZARDOUS AND THAT I COULD BE SERIOUSLY INJURED, OR EVEN KILLED, AS A RESULT OF MY PARTICIPATION. I AM VOLUNTARILY PARTICIPATING IN THE ACTIVITIES WITH KNOWLEDGE OF THE POSSIBLE DANGERS INVOLVED, AND AGREE TO ASSUME ANY AND ALL RISKS OF BODILY INJURY, DEATH OR PROPERTY DAMAGE, INCLUDING FROM ALL CAUSES, SUCH AS KIDNAPPING, FOOD POISONING, DISEASE, CIVIL UNREST, STRIKES, INSURRECTION, INAPPLICABILITY OF U.S. LAW AND NATURAL DISASTERS, AND WHETHER THOSE RISKS ARE KNOWN OR UNKNOWN TO ME.
As consideration for being permitted to participate in or attend the Activities, subject to my paying any applicable participation or attendance fee, and any supplementary costs during the pendency of the Activities, I personally assume all risks, whether foreseen or unforeseen, in connection with the Activities of any harm, injury or damage that may befall me as a participant and I forever release Growth Hacking, its affiliated entities, and the officers, directors, shareholders, employees, volunteers, agents, contractors, attorneys, insurers and representatives of any of the foregoing (all of the foregoing parties are collectively referred to as the “Releasees”) from any and all actions, claims, causes of action, losses, liabilities, costs, fees, expenses (including but not limited to reasonable attorneys’ fees) and disbursements or demands of any kind whatsoever that I, my assignees, heirs, distributees, guardians, next of kin, spouse and legal representatives now have, or may have in the future, for injury, death, or property damage I might sustain, related in any way to: (i) my participation in the Activities, (ii) the negligence or other acts, whether passive or active, and whether directly connected to the Activities or not, and however caused, by any Releasee, or (iii) the condition and safety of the premises where the Activities occur, whether or not I am then participating in the Activities (collectively, the “Claims”). I also agree that neither I nor my assignees, heirs, distributees, guardians, next-of-kin, spouse or legal representatives will make a claim against, sue, or attach the property of any Releasee in connection with any of the matters covered by the foregoing release, including but not limited to, the Claims, and I agree to hold harmless all of the Releasees with respect thereto.
I HEREBY ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS AGREEMENT AND FULLY UNDERSTAND ITS CONTENTS. I AM AWARE THAT THIS IS A RELEASE OF LIABILITY AND A CONTRACT BETWEEN MYSELF AND GROWTH HACKING AND I SIGN IT OF MY OWN FREE WILL.
I further agree that this Release and Waiver of Liability Agreement will be interpreted, applied, and enforced pursuant to the laws of the State of Nevada, including its statutes of limitation provisions, and without regard to its conflict of law principles and that any legal action to enforce or interpret this Agreement, or arising therefrom, must be brought exclusively in the courts located in Nevada, and I hereby consent to the exclusive jurisdiction of these courts in any such litigation.
This section applies to everyone who interacts with our social media presence, including comment sections, feeds, and other elements of social media presence viewable on Facebook, Instagram, YouTube, Pinterest, Twitter, Google+, LinkedIn, or any of the many other available external third-party social media platforms we may use (“Social Media Presence”).
The sites and platforms that host our Social Media Presence are not controlled by us and therefore have their own privacy policies and terms of use. The comments and opinions expressed by users on social media are theirs alone and do not reflect the opinions of Growth Hacking, and we have no obligation to monitor or remove user comments. If you see an offensive or inappropriate post or comment on our Social Media Presence, you should report it to the operator of the applicable site or platform using the procedures they have established for that purpose.
This Website maintains specific contact information provided below, including an email address, for notifications of claimed infringement regarding materials posted to this Website. All notices should be addressed to the following contact person:
Notification of Claimed Infringement:
Growth Hacking LLC Legal Department
Attn: DMCA/Copyright Agent
13740 N Highway 183 Ste L2,
Austin, TX 78750
Tel: (512) 539-0028
Email: [email protected]
You may contact our agent for notice of claimed infringement specified above with complaints regarding allegedly infringing posted material and we will investigate those complaints. If the posted material is believed in good faith by us to violate any applicable law, we will remove or disable access to any such material, and we will notify the posting party that the material has been blocked or removed.
In notifying us of alleged copyright infringement, the Digital Millennium Copyright Act requires that you include the following information: (i) description of the copyrighted work that is the subject of claimed infringement; (ii) description of the infringing material and information sufficient to permit us to locate the alleged material; (iii) contact information for you, including your address, telephone number and/or email address; (iv) a statement by you that you have a good faith belief that the material in the manner complained of is not authorized by the copyright owner, or its agent, or by the operation of any law; (v) a statement by you, signed under penalty of perjury, that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed; and (vi) a physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner’s behalf. Failure to include all of the above-listed information may result in a delay in the processing of your complaint.
The audio and video materials, images, photographs, articles, opinions, and other text, graphics, illustrations, logos, depictions, layouts, compilations, designs, interfaces, digital downloads, software, data compilations and other content associated with the Website (the “Content”) are owned or licensed by and to Growth Hacking or other authorized third parties and are protected by intellectual property, copyright, trademark, trade dress and other laws in the U.S. and in other countries. You must comply with all such laws and applicable copyright, trademark or other legal notices or restrictions. You shall not remove or alter any copyright, trademark, or other legal notices marked on the Content. As between you and Growth Hacking, we will retain all right, title, and interest in and to the Website and the Content. No transfer of ownership to any portion of the Content shall be made as a result of any access you are granted. Except as expressly set forth in these Terms of Sale or expressly granted to you in writing by Growth Hacking, no rights are granted to you. You agree to abide by any and all additional copyright notices, information or restrictions contained in any part of the Website. The compilation of the Content on the Website is the exclusive property of Growth Hacking.
You are only permitted to access and view the Content for personal, non-commercial purposes in accordance with these Terms of Sale, and may not build a business or other enterprise utilizing any of the Content, whether for profit or not. Except as provided in these Terms of Sale or otherwise expressly authorized by us in writing, you may not (either directly or through the use of any software, device, internet site, web-based service or other means) download, stream capture, store in a database, archive or otherwise copy any part of the Website or Content; upload, sell, rent, lease, lend, broadcast, transmit or otherwise disseminate, distribute, display or perform any part of the Website or Content; license or sublicense any part of the Website or Content; or in any way exploit any part of the Website or Content. In addition, except as provided in this Terms of Sale or otherwise expressly authorized by us in writing, you are strictly prohibited from modifying Content; creating, distributing or advertising an index of any significant portion of the Content; or otherwise creating derivative works or materials that otherwise are derived from or based in any way on the Content, including mash-ups and similar videos, montages, translations, desktop themes, fonts, icons, wallpaper, greeting cards, and merchandise. This prohibition from creating derivative works is applicable even if you intend to give away the derivative material free of charge.
The copyright in all materials provided on the Website is owned by Growth Hacking or its affiliate(s). Except as stated herein, none of the material contained in the Website may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise, without the prior written consent of Growth Hacking. Permission is hereby granted to view, copy, print and download the materials on the Website for personal, noncommercial use only, provided such materials are used solely for informational purposes, and all copies, or portions thereof, include this copyright notice. Growth Hacking may revoke any of the foregoing rights at any time. You may not, without Growth Hacking’s prior written consent, "mirror" any material contained on the Website on any other server. Upon termination of any rights extended hereunder, you must immediately destroy any downloaded and printed materials obtained from any Website. Any unauthorized use of any material contained on the Website may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
The trademarks, service marks and logos ("Trademarks") used and displayed on the Website are registered or unregistered Trademarks of Growth Hacking. Nothing on the Website shall be construed as granting, by implication, estoppel or otherwise any license or right to use any Trademark displayed on the Website without the prior written consent of the Trademark owner. The name of Growth Hacking, or any Trademark may not be used in any way including in any advertising or publicity pertaining to distribution of materials on the Website without the prior written consent of Growth Hacking. Growth Hacking prohibits the use of any Growth Hacking logo and Trademark as a "hot" link to any web site unless establishment of such link is approved in advance by Growth Hacking in writing.
EXCEPT WHERE PROHIBITED BY LAW, THIS WEBSITE AND ALL PRODUCTS AND SERVICES PROVIDED ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO, AND EXPRESSLY DISCLAIM ANY AND ALL, REPRESENTATIONS AND WARRANTIES AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY AND/OR COMPLETENESS OF ANY INFORMATION ON THIS WEBSITE. WE DO NOT REPRESENT OR WARRANT, AND EXPRESSLY DISCLAIM THAT: (A) OUR PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED THROUGH THE WEBSITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR (B) THE WEBSITE OR THE SERVER(S) THAT MAKE THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT OF THIRD-PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT SHALL GROWTH HACKING OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, INDEPENDENT CONTRACTORS, AND/OR AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE, OR ANY OTHER DAMAGES, FEES, COSTS OR CLAIMS ARISING FROM OR RELATED TO THIS AGREEMENT, THE PRIVACY POLICY, THE PRODUCTS AND SERVICES, OR YOUR OR A THIRD-PARTY’S USE OR ATTEMPTED USE OF THE WEBSITE OR ANY PRODUCT OR SERVICE, REGARDLESS OF WHETHER GROWTH HACKING HAS HAD NOTICE OF THE POSSIBILITY OF SUCH DAMAGES, FEES, COSTS, OR CLAIMS. THIS INCLUDES, WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR PRODUCTS, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR OTHER DAMAGES. THIS APPLIES REGARDLESS OF THE MANNER IN WHICH DAMAGES ARE ALLEGEDLY CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, OR OTHERWISE. IF, NOTWITHSTANDING THE LIMITATIONS OF LIABILITY SET FORTH ABOVE, GROWTH HACKING IS FOUND LIABLE UNDER ANY THEORY, GROWTH HACKING’S LIABILITY AND YOUR EXCLUSIVE REMEDY WILL BE LIMITED TO USD $500.00. THIS LIMITATION OF LIABILITY SHALL APPLY FOR ALL CLAIMS, REGARDLESS OF WHETHER GROWTH HACKING WAS AWARE OF OR ADVISED IN ADVANCE OF THE POSSIBILITY OF DAMAGES OR SUCH CLAIMS. SOME STATES DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS.
PLEASE READ THIS PROVISION CAREFULLY; IT REQUIRES YOU TO ARBITRATE ANY DISPUTE OR CLAIM BETWEEN YOU AND GROWTH HACKING ON AN INDIVIDUAL BASIS.
YOU AGREE THAT ANY DISPUTE OR CLAIM ARISING FROM OR RELATING TO THIS ARBITRATION PROVISION, GROWTH HACKING’S PRIVACY POLICY OR TERMS OF SALE, GROWTH HACKING’S ADVERTISING OR MARKETING PRACTICES, OR GROWTH HACKING’S PRODUCTS OR SERVICES SHALL BE SUBMITTED TO BINDING, FINAL, AND CONFIDENTIAL ARBITRATION BEFORE A SINGLE ARBITRATOR ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) UNDER ITS CONSUMER ARBITRATION RULES. THIS ARBITRATION PROVISION SHALL BE GOVERNED BY THE FEDERAL ARBITRATION ACT (“FAA”), 9 U.S.C. §§ 1-16, AND THE ARBITRATOR SHALL BE BOUND BY THE TERMS OF THIS ARBITRATION PROVISION. THE ARBITRATOR SHALL HAVE THE EXCLUSIVE AND SOLE AUTHORITY FOR DETERMINING WHETHER A DISPUTE OR CLAIM IS ARBITRABLE. THE ARBITRATOR SHALL FOLLOW APPLICABLE SUBSTANTIVE LAW OF THE STATE OF NEVADA TO THE EXTENT CONSISTENT WITH THE FAA, AND SHALL BE AUTHORIZED TO AWARD ALL REMEDIES AVAILABLE IN AN INDIVIDUAL LAWSUIT UNDER SUBSTANTIVE LAW, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, STATUTORY AND PUNITIVE DAMAGES, DECLARATIVE, INJUNCTIVE AND OTHER EQUITABLE RELIEF, INCLUDING PUBLIC INJUNCTIVE RELIEF, AND ATTORNEYS’ FEES AND COSTS WHERE AVAILABLE UNDER APPLICABLE SUBSTANTIVE LAW. THE ARBITRATOR MAY ONLY RESOLVE DISPUTES OR CLAIMS BETWEEN YOU AND GROWTH HACKING AND MAY NOT CONSOLIDATE CLAIMS OR PROCEEDINGS WITHOUT GROWTH HACKING’S CONSENT. THE ARBITRATOR MAY NOT HEAR CLASS OR REPRESENTATIVE CLAIMS OR REQUESTS FOR RELIEF ON BEHALF OF OTHER INDIVIDUALS. IF A COURT OR ARBITRATOR DECIDES THAT ANY PART OF THIS AGREEMENT TO ARBITRATE CANNOT BE ENFORCED AS TO A PARTICULAR CLAIM FOR RELIEF OR REMEDY, THEN THAT CLAIM OR REMEDY (AND ONLY THAT CLAIM OR REMEDY) MUST BE BROUGHT IN COURT AND ANY OTHER CLAIMS MUST BE ARBITRATED.
NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU AGREE THAT GROWTH HACKING HAS THE RIGHT TO BRING A CLAIM AGAINST YOU IN THE STATE OR FEDERAL COURTS OF NEVADA FOR INJUNCTIVE RELIEF, EQUITABLE RELIEF, OR OTHERWISE ARISING FROM ANY POTENTIAL OR ACTUAL MISAPPROPRIATION OR INFRINGEMENT OF GROWTH HACKING’S INTELLECTUAL PROPERTY RIGHTS AND YOU AGREE THAT VENUE IS PROPER AND THAT YOU ARE SUBJECT TO PERSONAL JURISDICTION IN SUCH FORUM.
UNLESS YOU TIMELY OPT-OUT, YOU WILL NOT HAVE THE RIGHT TO: (A) HAVE A COURT OR JURY DECIDE YOUR DISPUTE OR CLAIM; (B) OBTAIN INFORMATION PRIOR TO THE HEARING TO THE SAME EXTENT THAT YOU WOULD HAVE IN COURT; (C) PARTICIPATE IN A CLASS ACTION IN COURT OR IN ARBITRATION, EITHER AS A CLASS REPRESENTATIVE, CLASS MEMBER, OR CLASS OPPONENT; (D) ACT AS A PRIVATE ATTORNEY GENERAL IN COURT OR IN ARBITRATION; OR (E) JOIN OR CONSOLIDATE YOUR DISPUTE OR CLAIM WITH THE DISPUTE OR CLAIM OF ANY OTHER PERSON. OTHER RIGHTS THAT YOU WOULD HAVE HAD IF YOU WENT TO COURT MAY ALSO NOT BE AVAILABLE IN ARBITRATION.
YOU MAY OPT OUT OF ARBITRATION WITHIN 30 DAYS OF THE DATE THAT YOU PURCHASED A PRODUCT OR SERVICE THROUGH GROWTH HACKING’S WEBSITE BY SENDING A LETTER TO: GROWTH HACKING LLC D/B/A GROWTH HACKING ATTN. LEGAL DEPARTMENT, 13740 N HIGHWAY 183 STE L2, AUSTIN, TX 78750 , STATING YOUR NAME, THE PRODUCT YOU PURCHASED, AND YOUR INTENT TO OPT OUT OF ARBITRATION.
To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless Growth Hacking, its parent, subsidiaries, predecessors, successors and affiliates, and their respective partners, officers, directors, agents, representatives, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, from and against any and all claims, actions, losses, liabilities, damages, expenses, demands and costs of any kind, including, but not limited to, reasonable attorneys’ fees, arising out of, resulting from, or in any way connected with or related to (1) your breach of these Terms, the documents they incorporate by reference, or the Agreement; (2) your breach of any representations or warranties in this Agreement; or (3) your violation of any law or the rights of a third-party.
Our Website may include materials from third-parties or links to third-party websites. We are not liable for any third-party materials or websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products or services should be directed to the applicable third party.
Anything that you submit or post to the Website and/or provide us, including without limitation, photographs, testimonials, ideas, know-how, techniques, questions, reviews, comments, testimonials, and suggestions (collectively, “Submissions”) is and will be treated as non-confidential and nonproprietary, and we shall have the right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, and create derivative works from such Submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions. You represent and warrant that you are the owner or have sufficient rights to share the Submissions with us. Growth Hacking does not guarantee anyone’s success or that anyone will earn/experience the results that are portrayed on this Website. The testimonials and reviews portrayed on this Website are exceptional results from our most successful users. These testimonials do not represent the generally expected user experience, nor do they guarantee future success.
Furthermore, by using any of the communications tools available as part of our services, you acknowledge and agree that (a) all communications tools constitute public, and not private, means of communication between you and the other party or parties, (b) communications sent to or received from third party service providers or other third parties are not endorsed, sponsored or approved by Growth Hacking in any manner (unless expressly stated otherwise by Growth Hacking) and (c) communications are not pre-reviewed, post- reviewed, screened, archived or otherwise monitored by Growth Hacking in any manner, though Growth Hacking reserves the right to do so at any time at its sole discretion in accordance with these Terms. Additionally, through such communication tools, Growth Hacking may make certain types of services available to you. You acknowledge and agree that such services (e.g., chat room services) may be monitored or recorded for quality control purposes and that the information or material provided as part of the services is provided for educational purposes only.
Growth Hacking reserves the right to correct grammatical and typing errors, to shorten testimonials prior to publication or use, and to review all testimonials prior to publication or use. Growth Hacking shall be under no obligation to use any, or any part of, any testimonial or review submitted.
You agree that we may communicate electronically with you and that such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication.
You may not assign any of your rights under these Terms, and any such attempt will be null and void. Growth Hacking and its affiliates may, in their individual discretion, transfer, without further consent or notification, all contractual rights and obligations pursuant to these Terms if some or all of Growth Hacking’s business is transferred to another entity by way of merger, sale of its assets or otherwise.
No waiver by Growth Hacking of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by Growth Hacking to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms. Such determination shall not affect the validity and enforceability of any other remaining provisions.
In the event that we terminate this Agreement, Sections 4, 5, 8, and 12 - 26, as well as any representations, warranties, and other obligations made or taken by you, shall survive the termination of this Agreement.
These Terms, the Agreement, and any policies or operating rules posted by us on the Website or in respect to the Website constitute the entire agreement and understanding between you and Growth Hacking, and supersedes and replaces any prior or contemporaneous agreements. Any ambiguities in the interpretation of these Terms or the Agreement shall not be construed against the drafting party.
If you have any questions regarding your account, any product or service, or these Terms, please contact our customer support team by phone or email at the following:
Growth Hacking LLC
Tel: (512) 539-0028
Email: [email protected]
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Income Disclaimer: This website and the items it distributes contain business strategies, marketing methods, and other business advice that, regardless of my/our own results and experience, may not produce the same results (or any results) for you. This website (and its creators) make absolutely no guarantee, expressed or implied, that by following the advice or content available from this website you will make any money or improve current profits, as there are many factors and variables beyond our control that may impact any given business. Primarily, results will depend on the nature of the product or business model, the conditions of the marketplace, the experience of the individual, and situations and elements that are beyond your control. As with any business endeavor, you assume all risk related to investment and money based on your own discretion and at your own potential expense.
Liability Disclaimer: By reading this website or the documents it offers, you assume all risks associated with using the advice given, with a full understanding that you, solely, are responsible for anything that may occur as a result of putting this information into action in any way, and regardless of your interpretation of the advice. You further agree that our company cannot be held responsible in any way for the success or failure of your business as a result of the information provided by our company. It is your responsibility to conduct your own due diligence regarding the safe and successful operation of your business if you intend to apply any of our information in any way to your business operations. In summary, you understand that we make absolutely no guarantees regarding income as a result of applying this information, as well as the fact that you are solely responsible for the results of any action taken on your part as a result of any given information. In addition, for all intents and purposes you agree that our content is to be considered "for entertainment purposes only". Always seek the advice of a professional when making financial, tax, or business decisions.
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