GrowthMine Website Terms of Use

Welcome to GrowthMine.com

GrowthMine is dedicated to providing visitors to growthmine.com (the “Site”) with a highly interactive and positive experience, while at the same time protecting our rights and the rights of our users. The following are terms of a legal agreement (“Terms”) between you and GrowthMine LLC (“GrowthMine” or “we”). By using the Site you acknowledge that you have read, understood, and agree to be bound by these Terms and to comply with all applicable laws and regulations. If you do not agree to these Terms, do not use the Site.

GrowthMine may, at its discretion and without notice, change, modify, add or remove portions of these Terms at any time by updating this posting. Changes shall be effective immediately. You agree to review these Terms periodically. Your continued use of the Site after such posting of changes will constitute acceptance by you to the changes.

Copyrights

All text, graphics, user interfaces, visual interfaces, logos, icons, images, illustrations, photographs, artwork, information, articles, eBooks, white papers, articles, reviews, audio, video, html, source and object code, software, and data (collectively, the “Content”), including but not limited to the design, structure, “look and feel,” selection, and arrangement of such Content, contained on the Site is protected under applicable copyrights and other proprietary (including but not limited to intellectual property) rights and are the exclusive property of GrowthMine or its licensors and suppliers. GrowthMine actively protects its intellectual property rights to the fullest extent of the law.

Trademarks

The trademarks, service marks, designs, and logos (collectively, the “Trademarks”) used and displayed on the Site are registered and unregistered Trademarks of GrowthMine. Other trademarks, service marks and trade names may be owned by others. Nothing on this Site should be interpreted as granting, by implication, estoppel or otherwise, any license or right to use any Trademark or any other GrowthMine intellectual property displayed on the Site. You agree that the Trademarks shall not be used in any manner, including for advertising or promotional purposes, or for the purpose of informing or influencing any third party and that you will not use or reproduce any Trademark of, or imply any endorsement relationship with GrowthMine, without prior written permission from GrowthMine. GrowthMine also prohibits use of the Trademarks as part of a link to or from any site, without prior written approval from GrowthMine.

Use of Site Content

The copyright in all materials provided on this Site is held by GrowthMine or by the original creator of the Content. Except as stated in these Terms, no part of the Site and none of the Content may be copied, reproduced, republished, rearranged, modified, translated, distributed, republished, downloaded, uploaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, “mirroring” or otherwise, without the prior written permission of GrowthMine or the copyright owner.

You may download, display and print one copy of the Content (eBooks, white papers, workbooks, and similar resources), purposefully made available by GrowthMine for downloading from the Site, on a single computer for your personal or internal business use only, provided that you do not modify the Content in any way and that you do not remove any trademark, copyright or other proprietary notices displayed on the Content. No other use is permitted unless expressly permitted in writing by GrowthMine. Any unauthorized use of the Content contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity and/or communications regulations and statutes.

User Content and Postings

You acknowledge and agree that GrowthMine shall own and have the unrestricted right to use, publish, in electronic form and otherwise, distribute and exploit any and all information that you post or otherwise publish on the Site (“Submissions”). You hereby waive any and all claims against GrowthMine for any alleged or actual infringements of any rights of privacy or publicity, moral rights, rights of attribution or any other intellectual property rights in connection with GrowthMine’s use and publication of such Submissions. Any content submitted by you to the Site will be owned by GrowthMine and may be used by GrowthMine for any purpose, now or in the future, without any payment to, or further authorization by you. You automatically grant GrowthMine, a perpetual, royalty-free, non-exclusive, unrestricted, worldwide and irrevocable right and license to use, copy, reproduce, modify, publish, translate, create derivative works based upon, archive, store, distribute, or display such Submissions, in whole or in part, in any form, media or technology of any kind now existing or developed in the future for any purpose, including, but not limited to, advertising and promotional purposes.

GrowthMine does not represent or endorse the accuracy or reliability of any Submissions displayed, uploaded, posted on any message board, or otherwise distributed through the Site by any user of the Site, information provider or any other third party. GrowthMine expressly disclaims any and all liability related to Submissions, and you acknowledge that any reliance upon such Submissions shall be at your sole option, liability and risk.

Posting Rules

You agree that you will not post or otherwise publish on the Site any content that: (a) is derogatory, offensive, threatening, libelous, defamatory, discriminatory, vulgar, profane, abusive or obscene; (b) would constitute, or that encourage conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate law; (c) infringe the intellectual property, privacy, or other rights of GrowthMine or any third parties; (d) contain a computer virus or other destructive element; (e) contain advertising, spam, or any other form of solicitation; or (f) constitute or contain false or misleading statements. GrowthMine in its sole discretion reserves the right to refuse to post and the right to remove any information or Submission from the Site, in whole or in part, for any reason.

Infringement Notices and Takedown Procedure

GrowthMine respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement or are aware of any infringing material placed by any third party on the Site, please write to GrowthMine, at the address shown below, providing a written statement that contains:

Reasonably sufficient information to allow GrowthMine to identify the copyrighted work claimed to have been infringed, or if multiple works are claimed to be infringed, a list of such works (for example: title, author, and, if possible additional identifying information such as ISBNs, publication date, registration number, etc. or if the material is a web page, the URL);
Reasonably sufficient information to allow GrowthMine to identify and locate, on the Site, the material that is claimed to be infringing (for example the URL(s) containing the material);
Your contact information including your name, address, telephone number, and, if available, an email address;
A statement that the you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
The signature of a person authorized to act on the behalf of the owner of the exclusive right that is allegedly infringed.

GrowthMine will remove any posted submissions that infringes on the copyright or other intellectual property right of any person under U.S. law upon receipt of such a statement (or any statement that complies with the Online Copyright Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. Section 512(c)(3)). U.S. Law provides significant penalties for submitting such a statement falsely. Under certain circumstances, users who repeatedly submit infringing or unlawful material will be prohibited from posting further submissions. GrowthMine’s contact for submissions of notices under Section 5 is: GrowthMine LLC, 309 Brasher Ln, Euless, TX 76040, Attn: Legal Department.

Links to Other Websites

This Site may contain links to third-party websites and GrowthMine makes no representations whatsoever about any other website which you may access through this one. Because GrowthMine has no control over non-GrowthMine websites, you agree that GrowthMine does not endorse and is not responsible or liable for any content or the use of such a website. GrowthMine disclaims any and all liability and responsibility for content, products, services or other materials for such linked sites. Any complaints, concerns or questions you may have relating to content provided by non-GrowthMine websites should be forwarded directly to that website. It is up to you to read, understand and agree to the Terms of Use and privacy policies, if any, of any third-party websites you visit. It is also up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature.

Privacy

Certain areas of the Site may require registration or may otherwise ask you to provide information to participate in certain features or access certain Content. The decision to provide this information is purely optional, however, if you elect not to provide such information, you may not be able to access certain Content or features or participate in various areas of the Site. The privacy of your personally identifiable information is very important to us. For more information on GrowthMine’s practices and policies related to the collection, use, and storage of our users’ information, please read our privacy policy.

Website Security

You are prohibited from violating or attempting to violate the security of the Site, or any services, system resources, accounts, passwords, servers or networks connected to or accessible through the Site or affiliated or linked sites including, without limitation, (a) using any data mining, “robots”, “spiders”, or any other data gathering or extraction method to access, acquire, copy or monitor any portion of the Site or any Content, (b) altering or attempting to alter or modifying the functionality of the Site or any Content in any way, (c) obtaining or attempting to obtain any materials, documents or information through any means not purposely made available through the Site, (d) using any device, software or routine to interfere or attempt to interfere with the proper working of the Site or with any person’s use of the Site, (e) attempting to impose an unreasonable or disproportionate load on the infrastructure of the Site or GrowthMine’s systems or networks, or any systems or networks connected to the Site or GrowthMine, (f) attempting to probe, scan or test the vulnerability of the Site or any system or network connected to the Site or to breach security or authentication measures of the Site or any network connected to the Site, (g) attempting to gain unauthorized access to any portion or feature of the Site not intended for you or logging into a server or account which you are not authorized to access, (h) tracing or attempting to trace any information on any user or visitor to the Site, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal information, or (i) forging headers or any part of the header information in any e-mail, forum, or posting, or otherwise manipulate identifiers in order to disguise the origin of any message or Submission you send to GrowthMine on or through the Site or any service offered on or through the Site. Moreover, you shall not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

Violations of system or network security may result in civil or criminal liability. GrowthMine will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting those who are involved in such violations.

No Professional Consultation

The Content on the Site is provided with the understanding that GrowthMine’s provision of this Content to you does not constitute the rendering of consulting, legal, accounting, tax, investment, career or other advice or services. Content on the Site should not be relied upon for making business, investment or other decisions or used as a substitute for consultation with professional advisors. In addition, GrowthMine does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed, uploaded, downloaded or distributed through the Site by GrowthMine, any user, information provider or any other person or entity. You acknowledge that any reliance upon such opinion, advice, statement or information shall be at your sole option, liability and risk.

Disclaimers

THE CONTENT AND FUNCTIONALITY OF THE SITE IS PROVIDED WITH THE UNDERSTANDING THAT GROWTHMINE IS NOT HEREIN ENGAGED IN RENDERING PROFESSIONAL ADVICE AND SERVICES TO YOU. THE SITE AND ITS CONTENT AND FUNCTIONALITY IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND. ALL INFORMATION ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. GROWTHMINE MAKES NO REPRESENTATIONS AND, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITATION, GROWTHMINE DOES NOT WARRANT THAT: (1) THE INFORMATION ON THE SITE IS CORRECT, ACCURATE, RELIABLE, COMPLETE OR TIMELY; (2) THE SITE OR ANY CONTENT, SERVICE OR FUNCTION CONTAINED ON THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; OR (3) DEFECTS WILL BE CORRECTED, OR (4) THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR CONTAMINATION OR OTHER DESTRUCTIVE COMPONENTS. GROWTHMINE DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY GROWTHMINE SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR USE OF THE SITE AND ANY LINKED SITES.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL GROWTHMINE OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES, INCLUDING DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR FOR LOST REVENUES OR PROFITS THAT DIRECTLY OR INDIRECTLY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS SITE OR THE INFORMATION CONTAINED ON THIS SITE OR OBTAINED FROM YOUR USE OF THIS SITE, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE SITE, EVEN IF GROWTHMINE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT GROWTHMINE IS NOT LIABLE FOR ANY CONDUCT OF ANY USER. IN NO EVENT SHALL GROWTHMINE’S OR ITS AFFILIATES TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE EXCEED $1. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES IN WHICH CASE SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO ALL USERS.

Indemnification

You agree to defend, indemnify and hold GrowthMine, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, parents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Growthmine by any third party due to or arising out of or in connection with your use of the Site or any breach by you of this Agreement or the representations, warranties, and covenants you have made by agreeing to the terms of this Agreement. You shall cooperate as fully as reasonably required in the defense of any such claim. GrowthMine reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.

Access to This Site

GrowthMine may alter, suspend or discontinue the Site and your access to use the Site at any time for any reason without prior notice or liability to you or any third party. The Site may become unavailable due to maintenance or malfunction of computer equipment or for other reasons and may result in damages to the user’s systems or operations. The user shall be solely responsible for ensuring that any information or content obtained from this Site does not contain any virus or other computer software code or subroutine designed to disable, erase, impair or otherwise damage the user’s systems, software or data.

Governing Law and Dispute Resolution

This Agreement and all matters relating to your access to or use of the Site, including disputes, is governed and interpreted in accordance with the laws of the State of Texas, United States of America, without regard to its conflicts of laws provisions. You expressly agree to the personal jurisdiction by and venue in the state and federal courts of Tarrant County, Texas and waive any objection to such jurisdiction or venue. Any claim or cause of action asserted by you in connection with the Site must be asserted in writing to GrowthMine within one (1) year of the date such claim or cause of action first arose, or such claim or cause of action is forever waived and barred. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between GrowthMine and you arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.

Miscellaneous

If any part of these terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions. These Terms shall be deemed to include all other notices, policies, disclaimers, and other terms contained on the Site; provided, however, that in the event of a conflict between such other terms and the terms of these Terms, the terms of these Terms shall control. Any waiver of any provision of this Agreement will be effective only if in writing and signed by GrowthMine. Any failure of GrowthMine to enforce or exercise any provision of this Agreement or related right shall not constitute a waiver of that right or provision. Neither the course of conduct between GrowthMine and you or any other party, nor any trade practice shall act to modify any provision of this Agreement. The section titles used in this Agreement are for convenience only and carry with them no legal or contractual effect.

Modifications

GrowthMine may, at its sole discretion and without notice, revise these terms at any time by updating this posting. Changes shall be effective immediately. You agree to review this agreement periodically since your continued use after such notice will constitute acceptance by you of such changes. GrowthMine shall have the right at any time to change, modify or discontinue any aspect of the Site. Such changes, modifications, additions or deletions shall be effective immediately upon posting and any subsequent use by you after such posting shall be deemed to be acceptance by you of such changes, modifications or deletions.

Questions

If you have any questions or concerns regarding GrowthMine’s Terms of Use, please contact us.