A Note From the AutoGrow.co Team:
Our goal is to provide you with a superb, streamlined experience, one that helps you bring to life your creative and/or marketing ideas by saving you the time of doing it yourself, saving you the time and headaches of hiring, and in turn helping you to scale your business.
In short, #CreationAcceleration 💪 — that’s our mission.
We wrote the below Terms & conditions to make sure that expectations are as clear as possible for what we will deliver to you and what is included.
Some of what it covers:
For any other questions, just ask!
Cheers, to Accelerating Your Creativity and Entrepreneurial Spirit 💪
The AutoGrow Team
Last Updated: Jan 1, 2021
Terms & Conditions
Please read this Agreement carefully to ensure that you understand each provision. This agreement contains a mandatory individual arbitration and class action/jury trial waiver provision that requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions.
AutoGrow.co allows Users (Client Users) to Request, Create, Revise, Delegate a variety of types of creative projects—including but not necessarily limited to website development, maintenance of a website or creative assets, landing pages, ads, marketing tools / apps, strategy help, design, copywriting. If you cannot find exact details on what we can or cannot do, simply ask us via email or live chat. The work is completed by other Users who have the self-reported ability to do said work and/or with/by the use of native or third-party tools.
This is a contract between you and AutoGrow.co. You must read and agree to these terms before using AutoGrow.co. If you do not agree, you may not use AutoGrow.co. You may use AutoGrow.co only if you can form a binding contract with AutoGrow.co, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. Any use or access to AutoGrow.co by anyone under 13 is strictly prohibited and in violation of this Agreement. AutoGrow.co is not available to any Users previously removed from AutoGrow.co by AutoGrow.co.
2.2 Limited License
Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use AutoGrow.co as permitted by the features of AutoGrow.co. AutoGrow.co reserves all rights not expressly granted herein in AutoGrow.co and the AutoGrow.co Content (as defined below). AutoGrow.co may terminate this license at any time for any reason or no reason.
2.3 AutoGrow.co Accounts
Your account on AutoGrow.co (your “AutoGrow.co Account”) gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion. We may maintain different types of AutoGrow.co Accounts for different types of Users. If you open a AutoGrow.co Account on behalf of a company, organization, or other entity, then: (i) “you” includes you and that entity, and (ii) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to this Agreement, and that you agree to this Agreement on the entity’s behalf. By connecting to AutoGrow.co with a third-party service, you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service.
You may never use another User’s AutoGrow.co Account without permission. When creating your AutoGrow.co Account, you must provide accurate and complete information, and you must keep this information up to date. You are solely responsible for the activity that occurs on your AutoGrow.co Account, and you must keep your AutoGrow.co Account password secure. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your AutoGrow.co Account. You must notify AutoGrow.co immediately of any breach of security or unauthorized use of your AutoGrow.co Account. AutoGrow.co will not be liable for any losses caused by any unauthorized use of your AutoGrow.co Account.
You may control your User profile and how you interact with AutoGrow.co by changing the settings in your Settings page. By providing AutoGrow.co your email address you consent to our using the email address to send you service-related notices, including any notices required by law, in lieu of communication by postal mail. With your consent, we may also use your email address to send you other messages, such as changes to features of AutoGrow.co and special offers. If you do not want to receive such email messages, you may opt out by clicking on the unsubscribe link on the bottom of our emails. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.
2.4 Administrator Accounts
The person who first completes the AutoGrow.co registration on behalf of any company, entity or organization (“Subscribing Organization”) is the initial “Administrator“ for purposes of such Subscribing Organization’s use of AutoGrow.co, and exercises certain options to initially determine the level of access, privacy, and security for AutoGrow.co related to the Subscribing Organization (“Administrator Account“). For example, the Administrator will determine who can be a User of AutoGrow.co under the organization associated with that Administrator and Subscribing Organization and the level of privileges that such Users will possess. Once initial registration has been completed, each Subscribing Organization will be able to register additional Administrators. Each Administrator may designate other Users as additional and/or successor Administrators; provided that, each Administrator is responsible for confirming that those person(s) accept such responsibility. Upon becoming an Administrator, each person will be deemed to agree to the obligations hereunder. In addition, any person designated as the billing contact in the billing record for a Subscribing Organization will be deemed to assume the rights and obligations of an Administrator. Administrator Accounts must comply in all respects with all terms and conditions applicable to AutoGrow.co Accounts.
2.5 AutoGrow.co Rules
2.6 User Pages
2.7 Responsibilities for Calls and Messaging
To the extent applicable to your use of the Service, you shall at all times comply with the CAN SPAM Act of 2003, the Telephone Consumer Protection Act (47 U.S.C. §227), the Do-Not-Call Implementation Act and the Do-Not-Call list registry rules (http://www.donotcall.gov), the Telemarketing Sales Rule, 47 C.F.R. § 64.1200 et seq, and all other state or local laws, rules, regulations, and guidelines relating to calling or texting, including without limitation, rules, regulations and guidelines set forth by the Federal Trade Commission and the Federal Communications Commission (collectively, the “Calling Laws”). You agree that, as between the parties, you are the initiator of any call, SMS/MMS message, or other communication transmitted through the Service and for all content relating to, inducing, or encouraging calls, SM/MMS messages or other communications to take place. AutoGrow.co is not responsible for reviewing the contents of any communication transmitted through the Services or transmitted by you related to your use of the Service, nor is it responsible for obtaining any necessary consents or permissions from the message recipients.
2.8 Changes to AutoGrow.co
We may, without prior notice, change AutoGrow.co; stop providing AutoGrow.co or features of AutoGrow.co, to you or to Users generally; or create usage limits for AutoGrow.co. We may permanently or temporarily terminate or suspend your access to AutoGrow.co without notice and without liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for any other reason at our sole discretion. Upon termination for any reason, you continue to be bound by this Agreement.
Some areas of AutoGrow.co allow Users to submit, provide, or otherwise make available content such as videos, images, music, text, comments, questions, and other content or information (any such materials a User submits, provides, or otherwise makes available on AutoGrow.co is referred to as “User Content”).
We claim no ownership rights over User Content created by you. The User Content you create remains yours.
By submitting, providing, or otherwise making available any User Content on or through AutoGrow.co, you expressly grant, and you represent and warrant that you have all rights necessary to grant, to AutoGrow.co a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with AutoGrow.co, including without limitation for promoting and redistributing part or all of AutoGrow.co (and derivative works thereof) in any media formats and through any media channels.
For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
In connection with your User Content, you affirm, represent and warrant the following:
You have the written consent of each and every identifiable natural person in the User Content, if any, to use such person’s name or Likeness in the manner contemplated by AutoGrow.co and this Agreement, and each such person has released you from any liability that may arise in relation to such use.
You have obtained and are solely responsible for obtaining all consents as may be required by law to post any User Content relating to third parties.
Your User Content and AutoGrow.co’ use thereof as contemplated by this Agreement and AutoGrow.co will not violate any law or infringe any rights of any third party, including but not limited to any Intellectual Property Rights and privacy rights.
AutoGrow.co may exercise the rights to your User Content granted under this Agreement without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise.
To the best of your knowledge, all your User Content and other information that you provide to us is truthful and accurate.
AutoGrow.co takes no responsibility and assumes no liability for any User Content that you or any other User submits, provides or otherwise makes available over AutoGrow.co. You shall be solely responsible for your User Content and the consequences of submitting it, providing it, or otherwise making it available on AutoGrow.co, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content.
4.1 Customer Data
Some areas of AutoGrow.co may allow AutoGrow.co to collect information from your current or potential customers, website visitors or end-users (collectively, “Customer Data”).
4.2 Use of Customer Data
By submitting or causing to be submitted Customer Data to AutoGrow.co, you hereby grant, and represent and warrant that you have all rights necessary to grant, all rights and licenses to the Customer Data required for AutoGrow.co and its subcontractors and service providers to provide AutoGrow.co. AutoGrow.co shall have no right to sublicense or resell Customer Data, except however, that you agree that AutoGrow.co may collect, analyze, and use data derived from Customer Data, which may include personally identifiable data and/or information collected from or about an individual but which does not identify the individual personally for purposes of operating, analyzing, improving, or marketing AutoGrow.co and any related services. If AutoGrow.co shares or publicly discloses information (e.g., in marketing materials, or in application development) that is derived from Customer Data, such data will be aggregated or anonymized to reasonably avoid identification of a specific individual. You further agree that AutoGrow.co will have the right, both during and after the term of this Agreement, to use, store, transmit, distribute, modify, copy, display, sublicense, and create derivative works of the anonymized, aggregated data.
4.3 Your Responsibilities for Customer Data
4.4 Security Incidents
In the event that Customer Data is disclosed to or accessed by an unauthorized party, AutoGrow.co will notify you and use reasonable efforts to cooperate with your investigation of the incident. In the event we have a reasonable, good faith belief that an unauthorized party has accessed Customer Data, we will promptly notify you and will use reasonable efforts to cooperate with your investigation of the incident. If such an incident triggers any third-party notice requirements, you (not AutoGrow.co) shall be solely responsible for the timing, content, cost and method of any such notice and compliance with applicable laws. You (not AutoGrow.co) bears sole responsibility for adequate security, protection and backup of Customer Data when in your or your representatives’ or agents’ possession or control. We are not responsible, and you are fully responsible, for what your authorized Users do with Customer Data.
4.5 No Responsibility for Backups
AutoGrow.co will not be responsible for any backup, recovery or other steps required to ensure that Customer Data is recoverable in the case of data loss. You are solely responsible for backing up your Customer Data on a regular basis, and taking appropriate steps to safeguard and ensure the integrity of your Customer Data.
4.6 Rights to Customer Data
You own all right, title and interest (including all Intellectual Property Rights) in and to Customer Data.
Our Proprietary Rights
Except for your User Content, AutoGrow.co and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content belonging to other Users (the “AutoGrow.co Content”), and all Intellectual Property Rights related thereto, are the exclusive property of AutoGrow.co and its licensors (including other Users who post User Content to AutoGrow.co). Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any AutoGrow.co Content. Use of the AutoGrow.co Content for any purpose not expressly permitted by this Agreement is strictly prohibited.
You may choose to or we may invite you to submit comments or ideas about AutoGrow.co, including without limitation about how to improve AutoGrow.co or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place AutoGrow.co under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, AutoGrow.co does not waive any rights to use similar or related ideas previously known to AutoGrow.co, or developed by its employees, or obtained from sources other than you.
Subscription; Fees and Payment
We will charge you fees (“Fees”) for your use of AutoGrow.co. You agree to pay any and all Fees specified in an ordering document or online order for your access and use of AutoGrow.co (“Ordering Document”). For the most current information about our pricing and payment, please review our Pricing and Payment Terms, which are incorporated by reference herein. AutoGrow.co may add new services for additional fees and charges, and add or amend fees and charges for existing services, at any time in its sole discretion. If we add or amend our Fees, we will update our Pricing and Payment Terms. Any change to our Pricing and Payment Terms shall become effective in the billing cycle following notice of such change to you as provided in this Agreement; provided however that if we have offered a specific duration and Fees for your use of AutoGrow.co, we agree that the Fees will remain in force for that duration.
6.2 Trial Offers
In cases of a Trial Offer of any kind (e.g. $7 for 7 Days), a new client can only use it once as the purpose is to become familiar with the product. You will be billed automatically after the trial ends unless you inform us of to cancel it before the start of your monthly AutoGrow.co subscription. You further acknowledge and agree that the purpose of the trial is not for getting "free work" or deeply discounted work done and if—at AutoGrow.co's sole discretion—we determine this is the case (e.g. we see repeat complaints, while you are also asking for more work or the own the work completed, and asking to cancel simultaneously) we reserve the right to terminate any account and retain all ownership rights to the work.
6.3 Continuous Subscription Services; Automatic Billing and Policies
Unless otherwise provided in an Ordering Document any purchases for access and use of AutoGrow.co are on an automatically renewing subscription basis. YOUR AutoGrow.co SUBSCRIPTION WILL AUTOMATICALLY RENEW AT THE END OF YOUR SUBSCRIPTION TERM IDENTIFIED IN YOUR ORDERING DOCUMENT FOR SUBSEQUENT TERMS EQUAL IN LENGTH TO THE INITIAL SUBSCRIPTION TERM (EACH A “SUBSCRIPTION TERM”) UNLESS AND UNTIL YOU CANCEL YOUR AutoGrow.co SUBSCRIPTION IN ACCORDANCE WITH THE CANCELLATION PROCEDURES IDENTIFIED IN SECTION 6.3 OF THIS AGREEMENT. When you purchase AutoGrow.co, you expressly acknowledge and agree that: (1) AutoGrow.co is authorized to charge you at the beginning of each Subscription Term the Fees identified in an Ordering Document, any applicable taxes, and any other charges you may incur in connection with your use of AutoGrow.co, for as long as your subscription continues; and (2) your subscription is continuous until you cancel it or AutoGrow.co suspended, discontinued or terminated it in accordance with this Agreement. You acknowledge and agree that the amount billed may vary due to promotional offers, changes in your subscription plan, changes in applicable taxes, and changes in Fees in accordance with Sections 6.1 and 6.3 and you authorize us to charge your payment method for the changed amounts. You acknowledge and agree that in the event of a failed payment of at least three-times, your subscription will be automatically be downgraded to our lowest advertised plan for continued, uninterrupted service. In the event that payment still fails and you do not update your payment information, AutoGrow.co at its sole discretion will terminate your account which will include eventual deletion of any related user(s), data, content, and/or webpages, etc. we may be hosting on your behalf.
6.4 Cancellation; Refunds
You may cancel your AutoGrow.co Account or the AutoGrow.co Service at any time. To cancel your AutoGrow.co Account or the AutoGrow.co Service, you must notify us at least one (1) business day before the start of the next Subscription Term using the appropriate functionalities of AutoGrow.co (e.g. live-chat) or by contacting us at [email protected]; to finalize your cancelation, and any pending refund if you are within the 14-day satisfaction guarantee period, you agree and acknowledge to complete a simple cancelation form. There will be no refunds or credits for partial months of service or for periods in which your Subscription remains unused. You acknowledge and agree for Quarterly and Annual Subscriptions, there will be no refund or credits past the 14-day satisfaction guarantee since these are contractual time-based commitments given on your part in exchange for a generous discount. For Monthly Subscriptions there are no refunds, credits, or partial months credits given beyond the 14-day satisfaction guarantee period. You acknowledge and agree that if you request a refund as part of the 14-day satisfaction guarantee, that then, if the refund is issued, all intellectual property rights to all work produced for your account are forfeited and all ownership rights of said work revert exclusively to AutoGrow.co. Further, you acknowledge and agree that the 14-day satisfaction guarantee period starts from the moment you sign-up, whether that be for a $7 for 7 trial sign-up, regular (no trial) sign-up, or any other promotion we may offer. Also in the event of cancellation, AutoGrow will immediately if not eventually delete any related user(s), data, content, and/or webpages, etc. we may be hosting on your behalf. You are advised to make copy of everything for you will eventually lose access.
For renewal purposes, if adequate written request is not received and your credit card is subsequently charged, you will not receive a refund. You are also not eligible for refund if the written refund request is issued more than 24 hours since the payment was made and there is account activity logged in the AutoGrow App during that time. AutoGrow may refuse a refund request if, in our sole discretion, we find evidence of fraud, refund abuse, or other manipulative behavior. This includes but not limited to any case involving a chargeback which AutoGrow deems to be unjustified, unethical, and/or part of the latter.
In the event that AutoGrow.co suspends or terminates your account or this Agreement, you understand and agree that you shall receive no refund or exchange for any AutoGrow.co Property, any unused time on a subscription, any license or subscription fees for any portion of the Service, any content or data associated with your account, or for anything else. You acknowledge and agree that in the event that any refund is given, the amount will be minus the typical ~3-4% credit card processing fee since credit card companies now keep those fees even in the event of a refund to the cardholder. Some of the services available on AutoGrow may require direct payment be made to a third-party. In this case, any refund policy is not enforced by AutoGrow, and is between the third-party and you.
6.5 Payment Information; Taxes
We or our third-party payment processors will charge your Fees and any other charges you may incur to the payment method you provide when you register for a AutoGrow.co Account or you identify in an Ordering Document. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with AutoGrow.co must be accurate, complete, and current. A valid (active) payment method on file that is linked with your account is required at all times. You may change your payment method by changing the information in your AutoGrow.co Account. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with AutoGrow.co at the prices in effect when such charges are incurred. If we are unsuccessful in charging your payment method and have still not received payment within two (2) business days after informing you, we may (without liability to you) suspend or temporarily disable all or part of your access to AutoGrow.co and we shall be under no obligation to provide any or all of AutoGrow.co while the Fees concerned remain unpaid. This does not affect any other rights and remedies available to us. You will pay any and all applicable taxes, if any, relating to any such payments of Fees, purchases, transactions or other monetary transactions.
AutoGrow.co uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your personal information and implement your privacy settings. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
Since we respect artist and content owner rights, it is AutoGrow.co’ policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 (“DMCA”).
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via AutoGrow.co, please notify AutoGrow.co’ copyright agent as set forth in the DMCA. For your complaint to be valid under the DMCA, you must provide the following information in writing:
9.1 An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
9.2 Identification of the copyrighted work that you claim has been infringed;
9.3 Identification of the material that is claimed to be infringing and where it is located on AutoGrow.co;
9.4 Information reasonably sufficient to permit AutoGrow.co to contact you, such as your address, telephone number, and, e-mail address;
9.5 A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
9.6 A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
The above information must be submitted to the following DMCA Agent:
Attn: AutoGrow.co DMCA Notice
AutoGrow.co: Petovera (US), Inc.
Address: 47 Fielding Ave. Dix Hills, NY 11731
Email: [email protected]
Under federal law, if you knowingly misrepresent that online material is infringing, you may be subject to criminal prosecution for perjury and civil penalties, including monetary damages, court costs, and attorneys’ fees.
Please note that this procedure is exclusively for notifying AutoGrow.co and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with AutoGrow.co’ rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.
In accordance with the DMCA and other applicable law, AutoGrow.co has adopted a policy of terminating, in appropriate circumstances, Users who are deemed to be repeat infringers. AutoGrow.co may also at its sole discretion limit access to AutoGrow.co and/or terminate the AutoGrow.co Accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Third-Party Links and Information
You agree to defend, indemnify and hold harmless AutoGrow.co and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, 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: (a) your use of and access to AutoGrow.co, including any data or content transmitted or received by you; (b) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (c) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (d) your violation of any applicable law, rule or regulation; (e) User Content or any content that is submitted via your AutoGrow.co Account including without limitation misleading, false, or inaccurate information; (f) your willful misconduct; or (g) any other party’s access and use of AutoGrow.co with your unique username, password or other appropriate security code.
AutoGrow.co is provided on an “as is” and “as available” basis. Use of AutoGrow.co is at your own risk. To the maximum extent permitted by applicable law, AutoGrow.co is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. No advice or information, whether oral or written, obtained by you from AutoGrow.co or through AutoGrow.co will create any warranty not expressly stated herein. Without limiting the foregoing, AutoGrow.co, its subsidiaries, its affiliates, and its licensors do not warrant that the content is accurate, reliable or correct; that AutoGrow.co will meet your requirements; that AutoGrow.co will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that AutoGrow.co is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of AutoGrow.co is downloaded at your own risk and you will be solely responsible for any damage to your computer system or mobile device or loss of data that results from such download or your use of AutoGrow.co.
Further, AutoGrow.co does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through AutoGrow.co or any hyperlinked website or service, and AutoGrow.co will not be a party to or in any way monitor any transaction between you and third-party providers of products or services.
Federal law, some states, provinces and other jurisdictions do not allow the exclusion and limitations of certain implied warranties, so the above exclusions may not apply to you. This Agreement gives you specific legal rights, and you may also have other rights which vary from state to state. The disclaimers and exclusions under this Agreement will not apply to the extent prohibited by applicable law.
Limitation of Liability
To the maximum extent permitted by applicable law, in no event shall AutoGrow.co, its affiliates, agents, directors, employees, suppliers or licensors be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, AutoGrow.co. Under no circumstances will AutoGrow.co be responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of AutoGrow.co or your account or the information contained therein.
To the maximum extent permitted by applicable law, AutoGrow.co assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein; (iv) any interruption or cessation of transmission to or from AutoGrow.co; (v) any bugs, viruses, Trojan horses, or the like that may be transmitted to or through our service by any third party; (vi) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through AutoGrow.co; and/or (vii) User Content or the defamatory, offensive, or illegal conduct of any third party. In no event shall AutoGrow.co, its affiliates, agents, directors, employees, suppliers, or licensors be liable to you for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount you paid to AutoGrow.co hereunder or $100.00, whichever is greater.
This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if AutoGrow.co has been advised of the possibility of such damage.
Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. This Agreement gives you specific legal rights, and you may also have other rights which vary from state to state. The disclaimers, exclusions, and limitations of liability under this Agreement will not apply to the extent prohibited by applicable law.
Governing Law, Arbitration, and Class Action/Jury Trial Waiver
14.1 Governing Law
You agree that: (i) AutoGrow.co shall be deemed solely based in New York; and (ii) AutoGrow.co shall be deemed a passive service that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than New York. This Agreement shall be governed by the internal substantive laws of the State of New York, without respect to its conflict of laws principles. The parties acknowledge that this Agreement evidences a transaction involving interstate commerce. Notwithstanding the preceding sentences with respect to the substantive law, any arbitration conducted pursuant to the terms of this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16). The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the personal jurisdiction of the federal and state courts located in Huntington, New York for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below, including any provisional relief required to prevent irreparable harm. You agree that Huntington, New York is the proper forum for any appeals of an arbitration award or for trial court proceedings in the event that the arbitration provision below is found to be unenforceable.
Read this section carefully because it requires the parties to arbitrate their disputes and limits the manner in which you can seek relief from AutoGrow.co. For any dispute with AutoGrow.co, you agree to first contact us at [email protected] and attempt to resolve the dispute with us informally. In the unlikely event that AutoGrow.co has not been able to resolve a dispute it has with you after ninety (90) days, we each agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief as provided below) arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by JAMS, under the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein. JAMS may be contacted at www.jamsadr.com. The arbitration will be conducted in Huntington, New York, unless you and AutoGrow.co agree otherwise. If you are using AutoGrow.co for commercial purposes, each party will be responsible for paying any JAMS filing, administrative and arbitrator fees in accordance with JAMS rules, and the award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses. If you are an individual using AutoGrow.co for non-commercial purposes: (i) JAMS may require you to pay a fee for the initiation of your case, unless you apply for and successfully obtain a fee waiver from JAMS; (ii) the award rendered by the arbitrator may include your costs of arbitration, your reasonable attorney’s fees, and your reasonable costs for expert and other witnesses; and (iii) you may sue in a small claims court of competent jurisdiction without first engaging in arbitration, but this does not absolve you of your commitment to engage in the informal dispute resolution process. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall be deemed as preventing AutoGrow.co from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, Intellectual Property Rights or other proprietary rights.
14.3 Class Action/Jury Trial Waiver
With respect to all persons and entities, regardless of whether they have obtained or used AutoGrow.co for personal, commercial or other purposes, all Claims must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class action, collective action, private attorney general action or other representative proceeding. This waiver applies to class arbitration, and, unless we agree otherwise, the arbitrator may not consolidate more than one person’s Claims. You agree that, by entering into this Agreement, you and AutoGrow.co are each waiving the right to a trial by jury or to participate in a class action, collective action, private attorney general action, or other representative proceeding of any kind.
14.4 Limitation on Claims
You and AutoGrow.co agree that any cause of action arising out of or related to AutoGrow.co and/or your use thereof must commence must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by AutoGrow.co without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
15.2 Notification Procedures and Changes to the Agreement
AutoGrow.co may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by AutoGrow.co in our sole discretion. AutoGrow.co reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in this Agreement. AutoGrow.co is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. AutoGrow.co may, in its sole discretion, modify or update this Agreement from time to time, and so you should review this page periodically. When we change the Agreement in a material manner, we will update the ‘last modified’ date at the top of this page and notify you that material changes have been made to the Agreement. Your continued use of AutoGrow.co after any such change constitutes your acceptance of the new Terms of AutoGrow.co. If you do not agree to any of these terms or any future Terms of AutoGrow.co, do not use or access (or continue to access) AutoGrow.co.
15.3 No Waiver
No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and AutoGrow.co’ failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
Please contact us at [email protected] with any questions regarding this Agreement.
15.5 No Poaching
Unless as a result of a generally available job posting, no Users will poach any employee / contractor of AutoGrow.co with whom they have been engaged on any Project, at least not without payment of reasonable agreed compensation or buy-out fee, unless AutoGrow.co expressly provides in writing that this compensation or buy-out fee is not needed or waived. 15.5.a Unless given explicit written permission, Users will not directly or indirectly solicit business from any other User or brand / client of another User introduced via AutoGrow.co, and with whom they have been engaged with the previous 12 month period. 15.5.b Users will not directly or indirectly enter into any contract for similar services with any client of another User introduced by AutoGrow.co and with whom they have been engaged in the provision of services within the previous 12 month period.
15.6. Communicate between Users (Clients / Talent)
Unless otherwise agreed to in writing, no User shall communicate with another User, including and especially with Client Users, nor any Client User with another AutoGrow.co User outside of the following agreed upon communication channels, unless otherwise expressly permitted in writing: AutoGrow.co live chat, live chat widget on our homepage / pricing page, email (see contact below), our “1-800” telephone number.
15.7. Non-Disclosure of Non-Public / Info Product Materials
Material given to User in the course of work with AutoGrow.co is proprietary, copyrighted and developed solely and specifically within AutoGrow.co or for your own personal use, in case where the material given is a purchased info product. All materials, procedures, policies, and standards, all teaching manuals, all teaching aids, all supplements and the like that have been or will be made are for personal use in or in conjunction with the work you do for AutoGrow.co or as part of your purchase of said info product (for personal use) only. Original materials that have been provided to User are for User individual use only and a single-user license, where explicitly specified. User agrees that such proprietary material is solely for User’s own personal use. Any disclosure, reproduction and sale by User to a third party is strictly prohibited. Program content may not be sold, tape recorded, videotaped, shared, taught, given away, or otherwise divulged without the express written consent of Petovera Inc. / AutoGrow.co. The exception to this is in cases where a Client User is a paying customer of AutoGrow.co’s done-for-you creative services. In this case both AutoGrow.co and the User(s) who input efforts to create said services / service deliverables agree all rights to said work immediately transfer to Client User upon completion of the project and assuming there is no outstanding (unpaid) balance on the Client User’s account.
15.8. No Transfer of Intellectual Property
User is not authorized to use any of Company’s intellectual property, except where explicitly purchased and / or agreed upon in writing. All intellectual property, including Company’s copyrighted training program and/or courses / ebooks / branding marks and assets / operations materials, shall remain the sole property of AutoGrow.co No license to sell or distribute Company’s materials is granted or implied.
User further agrees (1) not to infringe any copyright, patent, trademark, trade secret, or other intellectual property rights of AutoGrow.co nor of other third-parties, (2) that any Confidential Information shared by the Company is confidential and proprietary, and belongs solely and exclusively to the Company, (3) User agrees not to disclose such information to any other person or use it in any manner other than in discussion within the Company.
Further, by signing below, User agrees that if User violates, or displays any likelihood of violating, any of these agreements contained within this document, AutoGrow.co will be entitled to injunctive relief to prohibit any such violations and to protect against the harm of such violations.
15.9. Client Responsibility
Client User accepts and agrees that Client User is 100% responsible for their progress and results from use of AutoGrow.co’s info products and from use of AutoGrow.co’s subscription services wherein AutoGrow.co completes technical and/or creative tasks and projects at the Client User’s request. Company makes no representations, warranties, or guarantees verbally or in writing. Client User understands that because of the nature of the program and extent, the results experienced by each User may significantly vary. Client User acknowledges that AutoGrow.co assumes no responsibility for errors or omissions that may appear in any info product materials, service deliverables, or tasks complete. However, for the latter reason, this is why our service includes no official limit on revisions. Client User acknowledges that as with any business endeavor, there is an inherent risk of loss of capital and there is no guarantee that Client User will reach their goals (e.g. “double my sales”) as a result of purchase or participation.
15.10. Force Majeure
In the event that any cause beyond the reasonable control of either Party, including without limitation acts of God, war, pandemic or epidemic, curtailment or interruption of transportation facilities, threats or acts of terrorism, State Department travel advisory, labor strike or civil disturbance, make it inadvisable, illegal, or impossible, either because of unreasonable increased costs or risk of injury, for either Company to perform its obligations under this Agreement, AutoGrow.co’s option to deliver any pending or delayed product or service shall be extended without liability for the period of delay or inability to perform due to such occurrence.
15.11. Severability / Waiver
If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall nevertheless continue in full force. The failure of either Party to exercise any right provided for herein will not be deemed a waiver of that right or any further rights hereunder.
15.12. Limitation of Liability
Client agrees they used Company’s services at their own risk and that Program is only an educational service being provided. Client releases Company, its officers, employees, directors, subsidiaries, principals, agents, heirs, executors, administrators, successors, assigns, Instructors, guides, staff, Participants, and related entities any way as well as the venue where the Programs are being held (if applicable) and any of its owners, executives, agents, or staff (hereinafter “Releasees”) from any and all damages that may result from any claims arising from any agreements, all actions, causes of action, contracts, claims, suits, costs, demands and damages of whatever nature or kind in law or in equity arising from my participation in the Programs. Client accepts any and all risks, foreseeable or unforeseeable.
Client agrees that Company will not be held liable for any damages of any kind resulting or arising from including but not limited to; direct, indirect, incidental, special, negligent, consequential, or exemplary damages happening from the use or misuse of Company’s services or enrollment in the Program. Company assumes no responsibility for errors or omissions that may appear in any of the program materials.
15.13. Mutual Non-Disparagement
The Parties agree and accept that the only venue for resolving such a dispute shall be in the venue set forth herein below. The parties agree that they neither will engage in any conduct or communications with a third party, public or private, designed to disparage the other.
Neither Client nor any of Client’s associates, employees or affiliates will directly or indirectly, in any capacity or manner, make, express, transmit speak, write, verbalize or otherwise communicate in any way (or cause, further, assist, solicit, encourage, support or participate in any of the foregoing), any remark, comment, message, information, declaration, communication or other statement of any kind, whether verbal, in writing, electronically transferred or otherwise, that might reasonably be construed to be derogatory or critical of, or negative toward, the Company or any of its programs, members, owner directors, officers, Affiliates, subsidiaries, employees, agents or representatives.
15.14 Disclosures; California Residents
The provider of services is Petovera (US), Inc. If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer AutoGrow.co of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210 or (916) 445-1254.
15.15 Entire Agreement/Severability
This Agreement, together with any amendments and any additional agreements you may enter into with AutoGrow.co in connection with AutoGrow.co, shall constitute the entire agreement between you and AutoGrow.co concerning AutoGrow.co. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect, except that in the event of unenforceability of the universal Class Action/Jury Trial Waiver, the entire arbitration agreement shall be unenforceable.
15.16 Weekends & Holidays
On occasion, the AutoGrow.co virtual office will be closed or have limited availability for major U.S. holidays (Thanksgiving, Christmas Eve / Day, New Year’s Eve / Day, etc.) or for a company-retreat. We make no guarantees, but will do our best to remind you in advance of when these will occur. We are also closed on the weekends with limited support availability. Please note that such holidays / office closures do not necessarily mean we will not be working to achieve your desired (or the communicated via our app) estimated delivery date for projects or tasks.
15.17 Earnings / marketing results disclaimer
User acknowledges that every effort has been made to accurately represent AutoGrow.co and its potential to the User. Even though this industry is one of the few where one can (sometimes) write their own check in terms of earnings, there is no guarantee that you will earn any money using the techniques and ideas in these materials and/or in this service. Examples in these materials are not to be interpreted as a promise or guarantee of earnings or results. Earning potential is entirely dependent on the person or team using our product/service, ideas, and techniques. Real success is never “get rich quick.”
Any claims made of actual earnings or examples of actual results can be verified upon request. Your level of success in attaining the results claimed in our materials depends on the time you devote to learning the product / service, ideas and techniques mentioned, your finances, learning or knowledge of various skills, and other factors. Since these factors differ according to individual Users, we cannot guarantee your success or income level. Nor are we responsible for any of your actions as it relates to how to choose to use our products / services.
Materials in our product and our website may contain information that includes or is based upon forward-looking statements. Forward-looking statements give our expectations or forecasts of future events. You can identify these statements by the fact that they do not relate strictly to historical or current facts. They use words such as “anticipate,” “estimate,” “expect,” “project,” “intend,” “plan,” “believe,” and other words and terms of similar meaning in connection with a description of potential earnings or financial / marketing performance.
Any and all forward looking statements here or on any of our sales material are intended to express our opinion of earnings potential. Many factors will be important in determining your actual results and no guarantees are made that you will achieve results similar to ours or anybody else's.
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