The words of which the initial letter is capitalized have meanings defined under the following conditions.
The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
For the purposes of these Terms and Conditions:
Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority. The list of affiliates above may or may not be exhaustive.
Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to the name located at the address listed above..
Country refers to the location of the company.
Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
Website refers to the URL, accessible from the link listed above and the website of any of its affiliates.
Website Service refers to the Website(s).
Software Service refers to the Grow With Systems platform.
Service refers to the combined Website Service and Software Service.
Terms and Conditions (also referred as “Terms”) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service. This Terms and Conditions agreement as been created with the help of Terms and Conditions Generator.
Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
PLEASE READ THIS DOCUMENT CAREFULLY
This document sets out the terms of use for the Grow With Partners (“Grow With Partners", "Company", “we”, “us”, “our”) software platform titled Grow With Systems, Grow With Systems Design Suite, GWS University content, automations, data tracking tools, community, and related content and services (collectively “Grow With Systems”). It governs our Founding Member Plan members (“Founding Members”), Account Holders’ team members (“Team Member”), Paused Plan members (“Paused Plan Members”), Subsidized Plan Members (“Subsidized Members”), members on any other plan, and any other users of Grow With Systems (collectively, the “Users”). When we refer to “You” or “Users”, we will be clear if we are referring to a particular type of member.
Because this document represents our agreement with you about your use of Grow With Systems, please take the time to read this document before agreeing to the terms.
If you do not agree with these Terms or you do not wish to be bound by these Terms, you must not use or access Grow With Systems in any manner.
Our Terms of Use (“Terms” or “Agreement”) also includes our Privacy Policy, and any other documents referred to by those agreements, and they, as a whole, govern any and all of the access to Grow With Systems.
Grow With Systems can be found at https://app.growwith.systems/, and also includes, without limitation, all of the subdomains, mobile applications, any other media, location, or application related to Grow With Systems. When referring to all of the places Grow With Systems software platform can be found in this Agreement, we will be collectively referring to them as the “Platform”.
Thank you for choosing Grow With Systems! We provide an all-in-one marketing software to grow your digital empire, along with design templates, data tracking tools, copy templates, and strategic and tactical funnel training (“Content”). By using any of our tools and services, including all associated features and functionalities, websites, applications, online communities or social media groups, customer support, and user interfaces, as well as all Content and software applications associated with our Platform (“Services”), you are entering into a binding contract with Grow With Partners.
By using Grow With Systems in any manner, you are expressly agreeing to, and give your consent to be governed by these Terms.
You must be at least 18 years old to use Grow With Systems. We recognize the special obligation to protect personally identifiable information obtained from children aged 13 and under. IF YOU ARE YOUNGER THAN 18 YEARS OLD, THE COMPANY REQUESTS THAT YOU NOT USE GROW WITH SYSTEMS OR SUBMIT ANY PERSONALLY IDENTIFIABLE INFORMATION TO THE SITE OR TO GROW WITH PARTNERS.
By using Grow With Systems, you are telling us by your actions that you are 18 years old or older (you are representing and warranting that you are 18 years old or older). If you are under the age of 18, you may not use Grow With Systems in any manner nor may you register for an account.
The owner of any account (“Account Holder”) must complete the account registration process by providing us with current, complete, and accurate information as prompted by the applicable registration form. You must input an email address owned by only you and choose a password. You agree to keep your username and password confidential and to only register only once using one email address.
You agree you will not (i) register on behalf of another person or company; (ii) register under the name of another person or under a fictional name or alias; (iii) choose credentials that constitute or suggest an impersonation of any other person (real or fictitious) or entity or that you are a representative of an entity when you are not, or that is offensive; or (iv) choose credentials for the purposes of deceiving or misleading the Company as to your true identity.
Account registration is only available to Account Holders. However, Account Holders may add Team Members to their account and provide them with individual login credentials. Team Members do not have access to our Services and Content beyond the access Account Holders provide them with.
Account Holders understand that they are wholly and completely responsible for maintaining the confidentiality of their username, password, and account. Furthermore, Account Holders are wholly and completely responsible for any and all activities that occur under their account, which includes but is not limited to Team Member activities that occur under their account.
If we have reasonable grounds to suspect that an Account Holder or Team Member has provided false information, shared their username, password, or account with anyone else, or distributed any non-public Content to any other person, we have the right to suspend or terminate an Account Holder’s account and refuse any and all current or future Services to Account Holder, in whole or part, without refund. Any personally identifiable information Account Holder provides as part of the registration process is governed by the terms of the Company’s website Privacy Policy.
You should notify us immediately of any known or suspected unauthorized use of your email and password or any other breach of security. We will not be liable for any loss that you may incur as a result of someone else using your email, password, or account, either with or without your knowledge. You could be held liable for losses incurred by us or another party due to someone else using your email, password, or account. You may not use anyone else’s account at any time, without the permission of the account holder.
We may notify you of relevant information regarding Grow With Systems in any of the following ways: (a) by emailing you at the contact information you provide in your account registration, (b) by posting a notice in dashboard areas of the Platform, and (c) by posting the notice elsewhere on the Platform in an area suitable to the notice. It is your responsibility to periodically review the Platform for such notices.
You can find a description of our annual and monthly payment plan options (“Plans”) on our website. On our website, you’ll find descriptions of the Plans available to you when you register for an account, along with details on when your payment of your selected Plan will be due. We may offer Plans that allow for you to start using Grow With Systems for free, which means that we will not require payment before you access our Services during your trial period, which is discussed in further detail in Paragraph B of this section.
We may also offer special promotional plans or discounts for Grow With Systems. We reserve the right to modify, terminate or otherwise amend our offered Plans and promotional or discounted offerings at any time in accordance with these Terms.
We may change the price for the Plans, including recurring membership fees, from time to time and will communicate any price changes to you in advance. Changes in Plan prices will take effect at the start of the next billing period following the date of the price change.
If you have purchased or received a code, gift card, pre-paid offer or other offer provided or sold by or on behalf of Grow With Partners for access to a Plan (“Code”), separate terms and conditions presented to you along with the Code may also apply to your access to Grow With Systems and you agree to comply with any such terms and conditions.
From time to time, we may offer Account Holders a trial. We may offer these Trials free of charge upon registering or with a fee upon registering for an account (in either instance, a “Trial”). All Trial offer information, including but not limited to how long the trial period is for and the costs, if any, of the Trial will be provided at the time the Trial is offered.
For all Trials, we require you to provide your payment details prior to beginning the Trial. You understand that we may, in our sole right and authority, determine that you are not eligible for a Trial, and we therefore may withdraw or modify a Trial at any time without prior notice and without liability, to the extent permitted under applicable law.
By providing such payment details, you agree that we may automatically begin charging you for the Trial, if there is a fee associated with the Trial, or for the selected Plan on the first day following the end of the Trial on a recurring monthly or annual basis (depending on the Plan you initially choose). If you do not want to be charged for the Plan on the first day following the end of the Trial, you must cancel the applicable Plan before the end of the Trial. You can find more information regarding the cancellation of your Plan below in the “Cancellations” section.
You understand and acknowledge that any free trial will expire after the number of days or on the date stated when you registered for an account, and following the expiration of this free trial, your membership will continue. At that time, you will be automatically charged the monthly or annual price to which you agreed, and that payment amount of that amount will renew automatically each month or year until you cancel.
C. Paused Plans
We may offer the option for You to “pause” your membership while maintaining your Account Holder Content on the Platform, provided your account is in good standing. You understand that if you participate in any Paused Plan, you will not have access to log into Your account or access your Account Holder Content on the Platform.
Additionally, we may require that You disconnect your payment processor and domain to prevent any third party from accessing or viewing your Account Holder Content on the Platform while you are part of any Paused Plan.
D. Usage Charges
All Plans are subject to usage charges as specified within each Plan's details. These charges include, but are not limited to, phone system registration, text messaging, email messaging, email verification, AI usage, etc.
Grow With Partners reserves the right to modify usage charges without notice. This is primarily to accommodate expenses involved in providing services that incur extra charges.
At the time of registering for an account with us, Account Holders agree to the fees and payment schedule listed on our website. Account Holders will be asked by us to supply certain personal information relevant to your purchase of a Plan, including, without limitation, your name, credit card number, billing address, expiration date, and card security code.
Account Holders understand and acknowledge that your monthly or annual subscription will renew automatically each month or year at the price to which you agreed when you registered for an account and continue until you cancel it.
You represent and warrant that you have the legal right to use any credit or debit card(s) you place on file with us to purchase and access Grow With Systems. You give us permission to automatically charge your credit or debit card for all fees and charges due and payable to us, without any additional authorization, for which you will have access to your payment history in your account dashboard. You also agree that we are authorized to share any payment information and instructions required to complete the payment transactions with our third-party payment service providers (e.g., credit card transaction processing, merchant settlement, and related services). You acknowledge that any such information will be treated by us in accordance with our Privacy Policy.
If payment is not received when due, the Company reserves the right to deny or terminate your access to Grow With Systems immediately, as well as delete your account and all Member Content associated therewith, as outlined below.
Account Holders may cancel their Plan at any time. In the event you cancel your Plan, the cancellation will become effective at the end of the then-current billing cycle.
Upon cancellation, any and all licenses granted to you to use Grow With Systems provided to you under this Agreement shall immediately terminate. In the event you wish to cancel, please download your contact data from our Platform before cancelling your Plan.
See below for important terms related to removal or migration of your own original content that you may upload to our Platform (“Account Holder Content”).
Your satisfaction with Grow With Systems is important to us. However, because of the extensive time, effort, preparation, and care that goes into creating and providing Grow With Systems, we have a no refund policy. Unless otherwise provided by law, you acknowledge that we do not offer refunds for any portion of your payment and no refunds will be provided to you at any time, and no payments will be pro-rated. By using and/or purchasing Grow With Systems, you understand and agree that all sales are final, and no refunds will be provided.
Since we have a clear and explicit refund policy in these Terms that you have agreed to prior to completing the purchase of Grow With Systems, we do not tolerate or accept any type of chargeback threat or actual chargeback from your credit card company or payment processor. If a chargeback is placed on a purchase or we receive a chargeback threat during or after your purchase, we reserve the right to report the incident to all three credit reporting agencies or to any other entity for inclusion in any chargeback database or for listing as a delinquent account, which could have a negative impact on your credit report score. The information reported will include your name, email address, order date, order amount, and billing address. Chargeback abusers wishing to be removed from the database shall make the payment for the amount of the chargeback.
Grow With Systems, including all information, software, technology, data, logos, marks, designs, text, graphics, pictures, audio and video files, intellectual property, other data or copyrightable materials or content, and their selection and arrangement, is and remains the sole property of Grow With Partners unless otherwise noted, and it is protected by copyright, trademark, and other intellectual property laws. Grow With Systems, including our trademarks, may not be modified by you in any way.
YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL IN GROW WITH SYSTEMS, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE.
If you view, download, or access Grow With Systems, you will be considered our licensee and for the avoidance of doubt, you are granted a limited, revocable, non-sublicensable, non-exclusive, non-transferable license to access Grow With Systems.
You agree to not engage in the use, distribution, sale, copying or disclosure of Grow With Systems, or any portion thereof, to friends, family, or any other third party, or for commercial purposes or in any way that earns you or any third-party money, other than as expressly permitted.
This license is only for Your use and may not be assigned or sublicensed to anyone else, without our express written consent. Except as expressly permitted by us in writing, you will not try to reproduce the Platform, Content, or Services (including without limitation by engaging in activity that would reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble the Platform). You also agree that in exchange for this license You will not engage in any activity that would interfere with or damage or harm Grow With Systems.
You may print and download portions of material from the different areas of the Platform, Content, or Services solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials, and not to share any material that you paid for with anyone else who has not also purchased a license for that material.
All rights not expressly granted in these terms or any express written license, are reserved by us.
Founding Members are granted full, unlimited access to the Platform, Content, and Services, regardless of future pricing plans and tiered structure changes, for the life of Grow With Systems only, so long as your account remains active with all payments received when due.
This means you will have access to Grow With Systems, provided your account is in good standing, for as long as Grow With Partners continues to host and provide access to the Platform, Content, or Services you have purchased.
Please note that Grow With Partners, in its sole right and discretion, may temporarily suspend or terminate your lifetime access to Grow With Systems at any time, without providing notice or a refund to you, if in Grow With Partners’ sole discretion you have violated these Terms in any way.
Subsdized Members are granted custom access to the Platform, Content, and Services, based on meeting certain criteria for the life of Grow With Systems only, so long as your account remains active with all payments received when due and the Account Holder and business activity of the account continue to meet our subsidy criteria.
The criteria pertains to both the Account Holder, the intended business activity of the account, and actual business activity. The subsidy criteria includes, but is not limited to, Account Holder non-profit status, financial ability, business intent, humanitarian intent, etc.
Subsidy Member Plans are for the purpose of making Grow With Systems more accessible to those not able to afford the standard plans of Grow With Systems. In the event that the Account Holder becomes financially able to afford the non-subsidized plans, Grow With Partners reserves the right to require subscription modification to the Account Holder’s plan. This means you will have access to Grow With Systems, provided your account is in good standing, for as long as Grow With Partners continues to host and provide access to the Platform, Content, or Services you have purchased.
Please note that Grow With Partners, in its sole right and discretion, may temporarily suspend or terminate your lifetime access to Grow With Systems at any time, without providing notice or a refund to you, if in Grow With Partners’ sole discretion you have violated these Terms in any way or failed to meet the subsidy criteria at any point.
Content that you upload to the Platform is and remains your content (“Account Holder Content”).
You retain all of your ownership rights in your Account Holder Content. Grow With Partners does not claim any intellectual property rights over the materials uploaded to the Platform by virtue of your use of Grow With Systems. By uploading your Account Holder Content to the Platform, or requesting our services to do so, you agree that:
In the event we do so, you agree that we will not have any liability whatsoever for any damage, loss, or destruction to Account Holder Content except if it is due to our willful misconduct or, if required by applicable law, gross negligence.
We are not responsible for Account Holder Content nor do we endorse any opinion contained in any Account Holder Content. We reserve the right to disable access to Grow With Systems or remove you and any of your Account Holder Content from our Platform if you violate any of these Terms.
You are only permitted to use Content, Platform, and Services within the Grow With Systems ecosystem, and the Content, Platform, and Services are provided exclusively for current Grow With Systems Account Holders.
This means that everything inside Grow With Systems is non-transferrable to any other HighLevel ecosystem, or any other outside software, ecosystem, funnel builder, or domain. You agree and acknowledge you cannot export your Account Holder Content to another HighLevel ecosystem, or any other outside software, ecosystem, funnel builder, or domain, and Grow With Partners is under no obligation to assist you in doing so.
You are strictly prohibited from any use of Content (including without limitation GWS University training materials) outside of Grow With Systems, or sharing Content in any way without our consent.
In addition, the Grow With Systems Support calls are for current Account Holders only, and may be limited to certain tiers or types of members.
If you decide to cancel your Grow With Systems membership, or if we terminate your membership, you will lose access to any and all data inside the Content, Platform, and Services, including without limitation Grow With Systems designs, GWS University, and Grow With Systems Support Calls. You will be removed from any Grow With Systems Support Group.
Furthermore, upon cancellation, we cannot guarantee that your Account Holder Content will still be available, and we have no obligation to keep Account Holder Content. Therefore, Grow With Partners shall not be held responsible for the loss of any Account Holder Content upon cancellation or termination of a Plan nor shall we be liable to the Account Holder for their inability to access Account Holder Content arising from any cancellation, including any claims of interference or contractual relations.
From time to time, we provide opportunities for Account Holders and Team Members to submit feedback, testimonials and ideas for improvements related to Grow With Systems. By posting or submitting any material such as text, photos, designs, graphics, images or videos, or other contributions, you are representing to us that you are the owner of all such materials, and you are at least 18 years old. You acknowledge and agree that the feedback, testimonials or ideas of improvement that we receive from you are not confidential and you authorize us to use it without restriction and without payment to you.
You also grant us, and anyone authorized by us, the right to use your likeness and identify you as the author or individual depicted in any text, photos, designs, graphics, images, videos or other contributions created by you or us, or by name, email address, or screen name, for any purposes, including commercial purposes and advertising. You acknowledge that we have the right but not the obligation to use any contributions from you and that we may elect to cease that use of any such contributions for Grow With Systems at any time for any reason.
If you violate this Code of Conduct, we reserve the right to remove you and any of your Account Holder Content from the Platform and cancel your membership. Whether conduct violates our Code of Conduct will be determined in our sole discretion.
You agree to follow and comply with all relevant rules, regulations, orders, and laws, in any applicable jurisdiction, that relate to your activities on or related to Grow With Systems, including without limitation those related to telecommunications, privacy, and personal or consumer data. You represent and warrant that your activities on or related to Grow With Systems do not violate any law or governmental rule, regulation, or order, and you lawfully obtained any information you may use on Grow With Systems or supply to Grow With Partners in order for us to provide Grow With Systems.
You agree you will ensure you have all necessary and appropriate consents and notices in place to enable lawful transfer of individual personal data to Grow With Partners, and will lawfully collect individual personal data.
You assume all liability relating to Grow With Systems related to or arising out of compliance with all laws, rules and regulations, including without limitation, federal and state election laws, the California Consumer Privacy Act, Federal Trade Commission rules, telemarketing laws, CAN-SPAM Act, Telephone Consumer Protection Act, federal and state “anti-spam” or Do Not Call rules or registries, the General Data Protection Regulation ((EU) 2016/679) (“GDPR”), and the retained UK version of the same.
You release, covenant not to sue, and hold Grow With Partners, its subsidiaries, affiliated companies, owners, members, managers, directors, officers, past and present employees, agents, representatives, vendors or suppliers, successors and assigns (“Releasees”) harmless from any and against all liability incurred by you for any and all claims, causes of action, obligations, lawsuits, charges, complaints, controversies, damages, costs or expenses of whatsoever kind, nature, or description, whether known or unknown, arising out of or connected with your violation of any third party right, including without limitation any copyright, property, or privacy right; the unauthorized acquisition, access, use, or disclosure of, improper collection or retention of, or failure to protect any non-public personally identifiable information or confidential corporate information; or failure to acquire the necessary consents or provide required notices to enable lawful transfer of third-party personal data to Grow With Partners or its vendors or suppliers, whether or not caused by the active or passive negligence of the Releasees. This is not intended as an attempted release of claims of gross negligence or intentional acts by Releasees.
We reserve the following rights over Grow With Systems:
The Platform, Content, or Services may contain links to third-party advertisers, websites, or service (“Third-Party Content”). You acknowledge and agree that Company is not responsible or liable for: (1) the availability or accuracy of such Third-Party Content, or (ii) the content, products, or resources on or available from such Third-Party Content. Links to such Third-Party Content do not imply any endorsement by Company of Third-Party Content and Company is not responsible or liable for the behavior, features, or content of any Third-Party Content or for any transaction you may enter into with any such Third Party. You acknowledge sole responsibility for and assume all risk arising from your use of any such Third-Party Content.
Company disclaims any responsibility or liability related to your access or use of any Third-Party Content.
If we have a good faith belief that any content (including without limitation any content your own customers or users may upload to the Platform) appearing on Grow With Systems violates any copyrights, we reserve the right to remove, block, or otherwise “take down” the content.
If you believe that content appearing on Grow With Systems violates your intellectual property, you should send a notice to Grow With Partners (either physical mail or email is ok) at the following address:
Grow With Partners
34A Coomurra Drive
Greenwith, SA 5125
Australia
If you send Grow With Partners a notice regarding any claimed infringements, your notice must contain the following information:
If any content (including without limitation any Account Holder, Team Member, other User, or third-party’s) is removed due to the receipt of a DMCA notice, you may send Grow With Partners what is known as a Counter Notice if you believe that your content was wrongly removed. Your Counter Notice must contain:
Please note that a copy of any notices received will be sent to the party who posted the content you report as infringing.
The DMCA only covers copyright infringement of creative works. For claims of trademark infringement, Grow With Partners requests that any notices contain:
Please note that a copy of any notices received may be sent to the party who posted the content you report as infringing.
In the unlikely event that there is a dispute over the ownership of an account, Grow With Partners has the right to request additional information from you to determine ownership and settle the dispute. The information that we may request to assist in resolving ownership disputes includes, but is not limited to, the following:
Should a dispute arise, Grow With Partners reserves the right to determine the account ownership in its sole judgment, and the ability to transfer the account to the person or entity it determines is the rightful owner, unless otherwise prohibited by law.
Payment processing services are currently provided by integration with Stripe and PayPal and are subject to the Stripe and PayPal user agreements or terms of service; we may provide integrations with other payment processors in the future, which would be subject to their user agreements or terms of service. By agreeing to this Agreement, to the extent applicable, you agree to be bound by the user agreements or terms of service of any payment processing provider with which you integrate your account. As a condition of enabling payment processing services, you agree to provide accurate and complete information about you and your business, and you authorize to share it and transaction information related to your use of the payment processing services provided by any payment processing provider.
You agree you are responsible for all legal and regulatory compliance in the country and/or countries you conduct business in.
Grow With Partners does not guarantee that the Platform, Content, or Services will be error-free or otherwise reliable, nor does Grow With Partners guarantee that defects will be corrected or that any offerings through Grow With Systems will always be accessible. Grow With Partners may make improvements and/or changes to Grow With Systems and their features and functionality at any time and will use commercially reasonable efforts to avoid disrupting peak hours, though some downtime may occur. Errors in Account Holder Content are the sole responsibility of the Account Holder who owns the Account Holder Content.
We reserve the right to amend the Platform, Content, or Services, in our sole discretion without notice. We will not be liable if for any reason all or any part of Grow With Systems is unavailable at any time or for any period. From time to time, we may restrict access to some or all of Grow With Systems, for maintenance or other internal purposes.
You acknowledge and agree that Grow With Partners is not liable for damages arising out of or related to your breach of this Agreement and losses or success that may result from your use of the Platform, Content, or Services. We also require that you understand and agree that Grow With Systems is offered As Is and may not always be 100% perfect or reliable and that Grow With Partners does not warrant or guarantee that it will always be free of errors or defects. Any claims for damages against Grow With Partners will be limited to the fees you have paid us in the 12 months prior to the accrual of any claim.
YOU UNDERSTAND AND AGREE THAT GROW WITH SYSTEMS IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. GROW WITH PARTNERS AND ALL OWNERS OF GROW WITH SYSTEMS MAKE NO REPRESENTATIONS AND DISCLAIM ANY WARRANTIES OR CONDITIONS OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NEITHER GROW WITH PARTNERS NOR ANY OWNER OF CONTENT WARRANTS THAT GROW WITH SYSTEMS ARE FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. IN ADDITION, GROW WITH PARTNERS MAKES NO REPRESENTATION NOR DOES IT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD PARTY APPLICATIONS (OR THE CONTENT THEREOF), ACCOUNT HOLDER CONTENT, DEVICES OR ANY OTHER PRODUCT OR SERVICE ADVERTISED, PROMOTED OR OFFERED BY A THIRD PARTY ON OR THROUGH GROW WITH SYSTEMS OR ANY HYPERLINKED WEBSITE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING AND GROW WITH PARTNERS IS NOT RESPONSIBLE OR LIABLE FOR ANY TRANSACTION BETWEEN ACCOUNT HOLDER AND ANY THIRD PARTY PROVIDERS OF THE FOREGOING. NO ADVICE OR INFORMATION WHETHER ORAL OR IN WRITING OBTAINED BY YOU FROM GROW WITH PARTNERS SHALL CREATE ANY WARRANTY ON BEHALF OF GROW WITH PARTNERS. WHILE USING GROW WITH SYSTEMS, YOU MAY HAVE ACCESS TO EXPLICIT CONTENT FILTERING FEATURES, BUT USE OF THESE FEATURES MAY STILL RESULT IN SOME EXPLICIT CONTENT BEING SERVED AND YOU SHOULD NOT RELY ON SUCH FEATURES TO FILTER ALL EXPLICIT CONTENT. THIS SECTION APPLIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
THIS SECTION DOES NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER.
YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH GROW WITH SYSTEMS IS LIMITED TO THE PORTION OF THE FEES YOU HAVE PAID US IN THE 12 MONTHS PRIOR TO THE ACCRUAL OF ANY CLAIM. YOU AGREE THAT GROW WITH PARTNERS HAS NO OBLIGATION OR LIABILITY ARISING FROM OR RELATED TO THIRD PARTY APPLICATIONS OR THE CONTENT THEREOF MADE AVAILABLE THROUGH OR IN CONNECTION WITH GROW WITH SYSTEMS, AND WHILE YOUR RELATIONSHIP WITH SUCH THIRD PARTY APPLICATIONS MAY BE GOVERNED BY SEPARATE AGREEMENTS WITH SUCH THIRD PARTIES, YOUR SOLE AND EXCLUSIVE REMEDY, AS WITH RESPECT TO GROW WITH PARTNERS, FOR ANY PROBLEMS OR DISSATISFACTION WITH THIRD PARTY APPLICATIONS OR THE CONTENT THEREOF, IS LIMITED TO THE FEES THAT YOU HAVE PAID TO US IN THE 12 MONTHS PRIOR TO THE ACCRUAL OF ANY CLAIM.
IN NO EVENT WILL GROW WITH PARTNERS, ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS, OR LICENSORS BE LIABLE FOR (1) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES; (2) ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS (WHETHER DIRECT OR INDIRECT), IN ALL CASES ARISING OUT OF THE USE OF OR INABILITY TO USE GROW WITH SYSTEMS, DEVICES, THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER GROW WITH PARTNERS HAS BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; OR (3) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO GROW WITH SYSTEMS, THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT MORE THAN THE AMOUNTS PAID BY YOU TO GROW WITH PARTNERS DURING THE PRIOR TWELVE MONTHS IN QUESTION.
Nothing in the Agreements removes or limits Grow With Partners’s liability for fraud, fraudulent misrepresentation, death, or personal injury caused by its negligence, and, if required by applicable law, gross negligence.
YOU AGREE THAT ANY CLAIM AGAINST GROW WITH PARTNERS MUST BE COMMENCED BY FILING AN INDIVIDUAL ACTION UNDER THE DISPUTE RESOLUTION SECTION OF THIS AGREEMENT WITHIN ONE (1) YEAR AFTER THE DATE THE PARTY ASSERTING THE CLAIM FIRST KNOWS OR REASONABLY SHOULD KNOW OF THE ACT, OMISSION, OR DEFAULT GIVING RISE TO THE CLAIM; AND THERE SHALL BE NO RIGHT TO ANY REMEDY FOR ANY CLAIM NOT ASSERTED WITHIN THAT TIME PERIOD.
THIS SECTION APPLIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
The Company is committed to justice, including LGBTQ rights, women’s rights, and civil rights and provides services for individuals from a diverse array of races, ethnicities, national origins, sexual orientations, ages, religions, genders, educations, abilities, and other identities.
The Company does not tolerate or support discriminatory speech, hate speech, comments or actions against others based on their sex, gender, age, ethnicity, race, socio-economic status, disability, or other identity, or any physical, mental, or emotional abuse.
The Company reserves the right to terminate access to Grow With Systems, without refund, if you or your employees, representatives, agents, founders, members, owners, managers, directors, or officers, engage in, encourage, demonstrate, or communicate statements, language, or actions that support race, gender, ethnicity, or disability inequality, discrimination, hate speech, or disrespect towards any individuals on the Company’s team, or that are in underrepresented or under-represented or marginalized groups.
You may contact the Company with any suggestions or concerns related to the Company’s DE&I efforts by sending an e-mail to legal@growwith.systems.
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Releasees from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Platform, Content, and Services; (ii) your violation of any term of this Agreement; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; (iv) any claim that your Account Holder Content caused damage to a third party; or (v) any claim related to the transfer of third-party personal data to Grow With Partners or its vendors or suppliers, and any loss, damage (including without limitation, any and all third party, governmental or regulatory claims, actions or proceedings, or fines) related to or arising from your unauthorized acquisition, access, use, or disclosure of, improper collection or retention of, failure to protect any non-public personally identifiable information or confidential corporate information, or failure to acquire the necessary consents or provide required notices to enable lawful transfer of third-party personal data to Grow With Partners or its vendors or suppliers. Company may assume the exclusive defense and control of any matter for which you have agreed to indemnify Company and you agree to assist and cooperate with Company in the defense or settlement of any such matters. This defense and indemnification obligation will survive the termination of this Agreement and your use of the Platform, Content, or Services.
This Agreement shall be governed in accordance with the laws of the Companies country and state of registration without regard to its conflicts of laws principles. Any action arising out of or relating to this Agreement shall be filed only in the state or federal courts relevant to the Companies address of registration. You consent and submit to the exclusive personal jurisdiction of such courts for the purpose of litigating any such action and waive any defense of lack of personal jurisdiction or forum non conveniens.
You and Grow With Partners agree to waive the right to trial by jury. You further agree that any proceedings to resolve any disputes shall be done solely on an individual basis and that you will not seek to have any dispute heard as a class action, a representative action, a collective action, a private attorney-general action, or in any proceeding in which you act or propose to act in a representative capacity.
You also agree that no proceeding will be joined, consolidated, or combined with another proceeding without the prior written consent of Grow With Partners and all parties to any such proceeding.
The prevailing party in any dispute between the parties arising out of or related to this Agreement, whether resolved by negotiation, mediation, or litigation, shall be entitled to recover its attorneys’ fees and costs from the other party.
California website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California, 95814, or by telephone at (916) 445-1254 or (800) 952-5210.
Complaints or requests for further information can be sent to the address listed in the Contact Us section of this Agreement.
Your use of Grow With Systems is subject to our Privacy Policy.
Company shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Company, including, without limitation, any failure to perform due to unforeseen circumstances or causes beyond Company’s control, such as acts of God, war, terrorism, riots, embargoes, acts of governmental or regulatory or civil or military authorities, fire, floods, accidents, strikes, pandemic, or shortages.
Grow With Partners may review and update this Agreement at any time in our sole discretion and it is your responsibility to stay informed of those changes. All changes are effective immediately when posted and apply to all uses of Grow With Systems thereafter. Your continued use of the Platform, Content or Services following the posting of revised Terms of Use means that you accept and agree to be bound by the changes. Please check this webpage periodically for updates.
The headings and titles of sections to this Agreement have been inserted for the convenience of reference for the parties and are for informational purposes only and shall not be deemed to be a part of the language of this Agreement. Neither you nor Grow With Partners shall rely on, or interpret substantively, the headings when construing the meaning of each section or the Agreement as a whole.
If you have questions or concerns regarding these Terms of Use, the Platform, Services, or Content, you may contact Us via the “Contact” information on our website, or by physical or electronic mail at the address below.
Note: Grow With Partners office is not open to the public
Grow With Partners
34A Coomurra Drive
Greenwith, SA 5125
Australia
Grow With Systems
www.growwith.systems
www.gwsnow.com
app.growwith.systems
A Product Of
Grow With Partners
Affiliated With
Ethan Tripodi
www.ethantripodi.com
Grow With Partners
www.growwith.partners
www.gwpnow.com
Contact At
legal@growwith.systems