This User Agreement is a contract between you and WeGrowth.  

You must read, agree to, and accept all of the terms and conditions contained in this Agreement in order to use our website www.wegrowth.com.

 

Welcome to WeGrowth, operated by KickAssGrowth.com. By using this website you agree to be bound by these Terms of Service (this “Terms of Service” or “Agreement”), whether or not you register as a member of WeGrowth (“Member”). If you wish to become a Member and/or make use of the service (the “Service”), please read this Agreement. If you object to anything in this Agreement or the WeGrowth Privacy Policy, do not use the Service.

 

This Agreement is subject to change by WeGrowth at any time, effective upon posting on the relevant website. Your continued use of the Websites and the Service following WeGrowth posting of revised terms of any section of the Agreement will constitute your express and binding acceptance of and consent to the revised Agreement.

 

PLEASE READ THIS AGREEMENT CAREFULLY AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS, INCLUDING VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.

 

Electronic Agreement. This Agreement is an electronic contract that sets out the legally binding terms of your use of the Websites and the Service. This Agreement may be modified by WeGrowth from time to time, such modifications to be effective upon posting by WeGrowth on the Websites. By accessing and/or using the Websites or becoming a Member, you accept this Agreement and agree to the terms, conditions and notices contained or referenced herein.

 

By registering for an WeGrowth account on the Site (an “Account”), or by clicking to accept the Terms of Service when prompted on the Site, you are deemed to have executed this Agreement and the other Terms of Service electronically, effective on the date you register your Account or click to accept the Terms of Service.

 

Your Account registration constitutes an acknowledgement that you are able to electronically receive, download, and print this Agreement, the other Terms of Service, and any amendments.

 

The Site is a marketplace where Clients and Freelancers can identify each other and advertise, buy, and sell Freelancer Services online.  Subject to the Terms of Service, WeGrowth provides the Site Services, enabling the formation of Service Contracts, and coordinating disputes related to those Service Contracts.

 

You agree to notify WeGrowth immediately if another person improperly contacts you or suggests making or receiving payments outside of the Site. If you are aware of a breach or potential breach of this non-circumvention agreement, please submit a confidential report to WeGrowth by sending an email to us.

 

Relationship with WeGrowth

WeGrowth is not a party to the dealings between Client and Freelancer, including posts, proposals, screening, selection, contracting, and performance of Freelancer Services. WeGrowth does not introduce Freelancers to Clients or help Freelancers find Engagements.  WeGrowth merely makes the Site Services available to enable Freelancers to identify and determine the suitability of Clients for themselves and to enable Clients to identify and determine the suitability of Freelancers for themselves.  WeGrowth does not, in any way, supervise, direct, or control Freelancer or Freelancer’s work.  WeGrowth does not set Freelancer’s work hours, work schedules, or location of work, nor is WeGrowth involved in determining if the Freelancer Fees will be set at an hourly or fixed rate for a Service Contract.  WeGrowth will not provide Freelancer with training or any equipment, labor, or materials needed for a particular Service Contract. WeGrowth does not provide the premises at which the Freelancer will perform the work.  WeGrowth makes no representations about, and does not guarantee the quality, safety, or legality of, the Freelancer Services; the truth or accuracy of Freelancer’s listings on the Site; the qualifications, background, or identities of Users; the ability of Freelancers to deliver the Freelancer Services; the ability of Clients to pay for the Freelancer Services; or that a Client or Freelancer can or will actually complete a transaction.

 

WeGrowth is not required to and may not verify any feedback or information given to us by Freelancers or Clients, nor does WeGrowth perform background checks on Freelancers or Clients.

You hereby acknowledge and agree that WeGrowth may provide information on the Site about a Freelancer or Client, such as feedback, composite feedback, including a strength or risk score, geographical location, or verification of identity or credentials. However, such information is based solely on data that Freelancers or Clients voluntarily submit to WeGrowth and does not constitute and will not be construed as an introduction, endorsement, or recommendation by WeGrowth; WeGrowth provides such information solely for the convenience of Users.

 

Limitation of Liability

WeGrowth is not liable, and you agree not to hold us responsible, for any damages or losses arising out of or in connection with the Terms of Service, including, but not limited to:

  • your use of or your inability to use our Site or Site Services;
  • delays or disruptions in our Site or Site Services;
  • viruses or other malicious software obtained by accessing, or linking to, our Site or Site Services;
  • glitches, bugs, errors, or inaccuracies of any kind in our Site or Site Services;
  • damage to your hardware device from the use of the Site or Site Services;
  • the content, actions, or inactions of third parties’ use of the Site or Site Services;
  • a suspension or other action taken with respect to your account;
  • your reliance on the quality, accuracy, or reliability of job postings, Profiles, ratings, recommendations, and feedback (including their content, order, and display), or metrics found on, used on, or made available through the Site; and
  • your need to modify practices, content, or behavior or your loss of or inability to do business, as a result of changes to the Terms of Service.

 

Account Registration: Profile

By registering for an account, you must complete a User profile (“Profile”), which you consent to be shown to other Users and, unless you change your privacy settings, the public. If you are a Freelancer, unless you use the Site solely as an employee and Agency Member of a registered Agency Account, you represent and warrant that you use your Profile to market your business to others for the purpose of entering into independent contractor relationships with other Users. You agree to provide true, accurate, and complete information on your Profile and all registration and other forms you access on the Site or provide to us and to update your information to maintain its truthfulness, accuracy, and completeness. You agree not to provide and to correct any information about your location, your business, your skills, or the services your business provides that is or becomes false or misleading. You agree not to register for more than one Client Account without express written permission from us (except that you may register as an Agency Member of other Accounts as provided below).  You agree not to ask or allow another person to create an Account on your behalf, for your use, or for your benefit.

 

Usernames and Passwords

When you register for an Account, you will be asked to choose a username and password for the Account. Each User and any Agency Account Administrator will also be asked to choose the initial username and password for any Agency Account that is added to the Account (and can change the password for the Agency Account at any time).

 

WeGrowth Marketplace Feedback / Reviews

You acknowledge and agree that feedback benefits the marketplace, all Users, and the efficiency of the Site and you specifically request that WeGrowth post composite or compiled feedback about Users, including yourself, on User Profiles and elsewhere on the Site. You acknowledge and agree that feedback results for you, including your Job Success Score (“JSS”), if any, will consist of comments, ratings, indicators of User satisfaction, and other feedback left by other Users.  You further acknowledge and agree that WeGrowth will make feedback results available to other marketplace Users, including composite or compiled feedback. WeGrowth provides this feedback system as a means through which Users can share their opinions publicly and WeGrowth does not monitor or censor these opinions.  

WeGrowth does not investigate any remarks posted by Users for accuracy or reliability but may do so if a User requests that WeGrowth do so.

 

Services

Freelancer will perform the Freelancer Services in a professional and workmanlike manner and will timely deliver any agreed upon Work Product. The manner and means of performing the Freelancer Services will be determined and controlled solely by Freelancer, which is engaged by Client as an independent contractor.  

 

Client Payments and Billing

Client becomes obligated for Freelancer Fees. For Fixed-Price Contracts, Client becomes obligated immediately upon sending a Fixed-Price Contract offer or upon activating any additional milestone.

 

Assistance

Freelancer will assist Client in every way, including by signing any documents or instruments reasonably required, both during and after the term of the Service Contract, to obtain and enforce Intellectual Property Rights relating to Work Product in all countries. In the event Client is unable, after reasonable effort, to secure Freelancer’s signature on any document needed in connection with the foregoing, Freelancer hereby designates and appoints Client and its duly authorized officers and agents as its agent and attorney in fact to act on its behalf to further the purposes of this Section with the same legal force and effect as if executed by Freelancer.

 

Consequences of Agreement Termination

Except as otherwise required by applicable law, we will notify you if we close your Account, unless we believe, in our sole judgment, that giving notice may cause damage.  

You therefore agree as follows: IF WEGROWTH DECIDES TO SUSPEND OR CLOSE YOUR ACCOUNT, WEGROWTH HAS THE RIGHT BUT NOT THE OBLIGATION TO:  (A) NOTIFY OTHER USERS THAT HAVE ENTERED INTO SERVICE CONTRACTS WITH YOU TO INFORM THEM OF YOUR SUSPENDED OR CLOSED ACCOUNT STATUS, AND (B) PROVIDE THOSE USERS WITH A SUMMARY OF THE REASONS FOR YOUR ACCOUNT SUSPENSION OR CLOSURE.

 

  1. Access and Retention. In order to access and retain this electronic Agreement, you must have access to the Internet, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must use all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. Please print a copy of this document for your records. To retain an electronic copy of this Agreement, you may save it into any word processing program.

 

  1. Commercial Use of Service. If you are using the Service and/or accessing the Websites on behalf of a company, entity, or organization (collectively, a “Subscribing Entity”), you represent and warrant that:

 

  1. You are an authorized representative of the Subscribing Entity, and that you have the authority to bind the Subscribing Entity to this Terms of Service;
  2. You have read and understand this Terms of Service; and
  3. You agree to this Terms of Service on behalf of the Subscribing Entity.


Illegal and/or unauthorized uses of the Websites include, but are not limited to, browsing or downloading  illegal  content,  collecting  usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email, unauthorized framing of or linking to the Websites, sharing or disclosing your username or password to any third party or permitting any third party to access your account, attempting to impersonate another user or person, use of the Websites in any fraudulent or misleading manner, any automated use of the system, such as scraping the Websites, automated scripts, spiders, robots, crawlers, data mining tools or the like, interfering with, disrupting, or creating an undue burden on the Websites or the networks or services connected to the Websites, and using the Websites in a manner inconsistent with any and all applicable laws and regulations. Illegal and/or unauthorized use of the Websites may be investigated, and appropriate legal action may be taken, including without limitation, civil, criminal, and injunctive redress. Use of the Websites and Service is with the permission of WeGrowth, which may be revoked at any time, for any reason, in WeGrowth’s sole discretion.

 

  1. Account Security. You are responsible for maintaining the confidentiality of the username and password that you designate during the registration process, and you are fully responsible for all activities that occur under your username and password. You agree to (a) immediately notify WeGrowth of any unauthorized use of your username or password or any other breach of security, and (b) ensure that you exit from your account at the end of each session. WeGrowth will not be liable for any loss or damage arising from your failure to comply with this provision. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. If you share your computer with others, you may wish to consider disabling your auto-login feature if you have it linked to your WeGrowth account.

 

  1. Your Use of the Websites

 

  1. You may not browse or download illegal content.

 

  1. You must not copy or capture, or attempt to copy or capture, any content from the Websites

(the “Content”) or any part of the Websites, unless given express permission by WeGrowth.

 

  1. You must not copy, republish, adapt, make available or otherwise communicate to the public, display, perform, transfer, share, distribute or otherwise use or exploit any Content on or from the Platform, except (i) where such Content is created by you (such content, “Your Content”), or (ii) as permitted under these Terms of Service, and within the parameters set by the person or entity that uploaded the Content (the “Uploader”) (for example, under the terms of Creative Commons licenses selected by the Uploader).

 

  1. You must not use any Content (other than Your Content) in any way that is designed to create a separate content service or that replicates any part of the Websites’ offering.


  1. You must not employ scraping or similar techniques to aggregate, repurpose, republish or otherwise make use of any Content.

 

  1. You must not employ the use of bots, botnets, scripts, apps, plugins, extensions or other automated means to register accounts, log-in, post comments, or otherwise to act on your behalf, particularly where such activity occurs in a multiple or repetitive fashion. You must not offer or promote the availability of any such techniques or services to any other users of the Websites.

 

  1. You must not alter or remove, or attempt to alter or remove, any trademark, copyright or other proprietary  or  legal  notices  contained  in,  or  appearing  on,  the  Websites  or  any Content appearing on the Websites (other than Your Content).

 

  1. You must not, and must not permit any third party to, copy or adapt the object code of the Websites, or reverse engineer, reverse assemble, decompile, modify or attempt to discover any source or object code of any part of the Websites, or circumvent or attempt to circumvent or copy any copy protection mechanism or access any rights management information pertaining to Content other than Your Content.

 

  1. You must not use the Websites to upload, post, store, transmit, display, copy, distribute, promote, make available or otherwise communicate to the public:

 

  •         any Content that is offensive, abusive, libelous, defamatory, obscene, racist, sexually explicit, ethnically or culturally offensive, indecent, that promotes violence, terrorism, or illegal acts, incites hatred on grounds of race, gender, religion or sexual orientation, or is otherwise objectionable in WeGrowth’s sole and reasonable discretion;
  •         any information, Content or other material that violates, plagiarizes, misappropriates or

infringes the rights of third parties including, without limitation, copyright, trademark rights, rights of privacy or publicity, confidential information or any other right; or

  •         any Content that violates, breaches or is contrary to any law, rule, regulation, court order or is otherwise is illegal or unlawful in WeGrowth’s sole and reasonable opinion;
  •         any material of any kind that contains any virus, Trojan horse, spyware, adware, malware, bot, time bomb, worm, or other harmful or malicious component, which will or might overburden, impair or disrupt the Websites or servers or networks forming part of, or connected to, the Websites, or which does or might restrict or inhibit any other user’s use and enjoyment of the Websites; or
  •         any unsolicited or unauthorized advertising, promotional messages, spam or any other form of solicitation.

 

  1. You must not commit or engage in, or encourage, induce, solicit or promote, any conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law or regulation.


  1. You must not rent, sell or lease access to the Websites, or any Content on the Websites, although this will not prevent you from including links from Your Content to any legitimate online download store from where any item of Your Content may be purchased.

 

  1. You must not deliberately impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity, for example, by registering an account in the name of another person or company, or sending messages or making comments using the name of another person.

 

  1. You must not stalk, exploit, threaten, abuse or otherwise harass another user, or any WeGrowth employee. If we feel that your behavior towards any of our employees is at any time threatening or offensive, we reserve the right to immediately terminate your membership and you will not be entitled to any refund of unused subscription fees.

 

  1. You must not sell or transfer, or offer to sell or transfer, any WeGrowth account to any third party without the prior written approval of WeGrowth.

 

  1. You must not collect or attempt to collect personal data, or any other kind of information about other users, including without limitation, through spidering or any form of scraping.

 

  1. You must not violate, circumvent or attempt to violate or circumvent any data security measures employed by WeGrowth or any Uploader; access or attempt to access data or materials which are not intended for your use; log into, or attempt to log into, a server or account which you are not authorized to access; attempt to scan or test the vulnerability of WeGrowth’s servers, system or network or attempt to breach WeGrowth’s data security or authentication procedures; attempt to interfere with the Websites or the Services by any means including, without limitation, hacking WeGrowth’s servers or systems, submitting a virus, overloading, mail-bombing or crashing. Without limitation to any other rights or remedies of WeGrowth under these Terms of Service, WeGrowth reserves the right to investigate any situation that appears to involve any of the above, and may report such matters to, and cooperate with, appropriate law enforcement authorities in prosecuting any users who have participated in any such violations.

 

You agree to comply with the above conditions, and acknowledge and agree that WeGrowth has the right, in its sole discretion, to terminate your account or take such other action as we see fit if you breach any of the above conditions or any of the other terms of these Terms of Service. This may include taking court action and/or reporting offending users to the relevant authorities.

 

  1. Representations and Warranties. You hereby represent and warrant to WeGrowth as follows:


  1. Your Content, and each and every part thereof, is an original work by you, or you have obtained all rights, licenses, consents and permissions necessary in order to use, and (if and where relevant) to authorize WeGrowth to use, Your Content pursuant to these Terms of Service, including, without limitation, the right to upload, reproduce, store, transmit, distribute, share, publicly display, publicly perform, make available and otherwise communicate to the public Your Content, and each and every part thereof, on, through or via the Websites, any and all Services and any third party services.

 

  1. Your Content and the availability thereof on the Platform does not and will not infringe or violate the rights of any third party, including, without limitation, any intellectual property rights, performers’ rights, rights of privacy or publicity, or rights in confidential information.

 

  1. You have obtained any and all necessary consents, permissions and/or releases from any and all persons appearing in Your Content in order to include their name, voice, performance or likeness in Your Content and to publish the same on the Websites and via any third party services.

 

  1. Your Content, including any comments that you may post on the Websites, is not and will not be  unlawful,  offensive,  abusive,  libelous,  defamatory,  obscene,  racist,  sexually  explicit, ethnically or culturally offensive, indecent, will not promote violence, terrorism, or illegal acts, or incite hatred on grounds of race, gender, religion or sexual orientation.

 

  1.  Your  Content  does not and will not create any liability on the part of WeGrowth, its subsidiaries, affiliates, successors, and assigns, and their respective employees, agents, directors, officers and/or shareholders.

 

WeGrowth reserves the right to remove Your Content, suspend or terminate your access to the Platform and/or pursue all legal remedies if we believe that any of Your Content breaches any of the foregoing representations or warranties, or otherwise infringes another person’s rights or violates any law, rule or regulation.

 

  1. Term. This Agreement will remain in full force and effect while you use the Websites and/or Service. You may terminate your membership and/or subscription at any time by contacting us at WE GROWTH EMAIL OVDE . If you resign or cancel your membership and/or subscription to WeGrowth, to help WeGrowth analyze and improve the Service, you may be asked to provide a reason for your resignation/cancellation. WeGrowth may terminate your membership and/or subscription for any reason by sending notice to you at the email address you provide in your application for membership, or such other email address as you may later provide to WeGrowth. If WeGrowth terminates your membership in the Service because you have breached this Agreement, you will not be entitled to any refund of unused subscription fees. All decisions regarding the termination of accounts shall be made in the sole discretion of WeGrowth. WeGrowth is not required to provide you notice prior to terminating your membership and/or subscription. WeGrowth is not required, and may be prohibited, from disclosing a reason for the termination of


your account. Even after your membership or subscription is terminated, this Agreement will remain in effect. All terms that by their nature may survive termination of this Agreement shall be deemed to survive such termination.

 

  1. Modifications to Service. WeGrowth reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that WeGrowth shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

 

  1. Blocking of IP Addresses. In order to protect the integrity of the Services, WeGrowth reserves the right at any time in its sole discretion to block Members from certain IP addresses from accessing the Websites.

 

  1. Content.
  2. Proprietary Rights. WeGrowth retains all proprietary rights in the Websites and the Service. The Websites contains the copyrighted material, trademarks, and other proprietary information of WeGrowth, and its licensors. Except where we have given you express written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary  information.  All  content  on  WeGrowth is proprietary. Except where otherwise specified in this Agreement, all Content is copyrighted material of WeGrowth and for WeGrowth’s Members’ use only. Distribution of Content to others is strictly prohibited. You agree that WeGrowth would be irreparably harmed by any violation or threatened violation of this section and that, therefore, WeGrowth shall be entitled to an injunction prohibiting you from any violation or threatened violation of this section, without posting bond, in addition to any other right or remedy it may have.

 

We may provide links to third party websites, and some of the content appearing on WeGrowth may be supplied by third parties. WeGrowth has no responsibility for these third party websites nor for their content, which is subject to and governed by the Terms of Service and/or privacy policies, if any, of the applicable third party content providers.

 

  1. Ownership of Your Content; Licenses.

You agree that any content you upload to the Websites and/or the Service (“Your Content”) shall become the property of WeGrowth.

 

However, with respect to Your Content, WeGrowth grants you a worldwide, royalty-free and non-exclusive license(s) to use, distribute, reproduce, and publicly display such content, except with regard to commercial or for-profit use account.

 

Any Content other than Your Content is the property of the relevant Uploader, and is or may be subject to copyright, trademark rights or other intellectual property or proprietary rights. Such Content   may   not   be   downloaded,   reproduced,   distributed,   transmitted,   re-uploaded,


republished, displayed, sold, licensed, made available or otherwise communicated to the public or exploited for any purposes except via the features of the Websites from time to time and within the parameters set by the Uploader on the Service or with the express written consent of the Uploader. Where you repost another user’s Content, or include another user’s Content in a set, you acquire no ownership rights whatsoever in that Content. Subject to the rights expressly granted in this section, all rights in Content are reserved to the relevant Uploader.

 

  1. Restrictions on Use of Materials. You acknowledge that WeGrowth contains images, text, and other content (collectively, “Intellectual Property”) that is protected by copyrights, patents, trademarks, trade secrets and/or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. All Intellectual Property is copyrighted under the United States copyright laws (and, if applicable, similar foreign laws), and WeGrowth owns a copyright in the selection, coordination, arrangement and enhancement of such Intellectual Property. All trademarks appearing on this Websites are trademarks of their respective owners. You may not modify, publish, transmit, distribute, perform, participate in the transfer or sale, create derivative works of, or in any way exploit, any of the Intellectual Property, in whole or in part. When Intellectual Property is downloaded to your computer, you do not obtain any ownership interest in such Intellectual Property. Modification of the Intellectual Property or use of the Intellectual Property for any other purpose, including, but not limited to, use of any Intellectual Property in printed form or on any other website or networked computer environment is strictly prohibited unless you receive our prior written consent.

 

  1. Copyright Policy. WeGrowth prohibits the submission or posting of any information that infringes or violates the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity.

 

Pursuant to Title 17, United States Code, Section 512(c)(2) or for any other claim of copyright infringement, you hereby agree that notifications of claimed copyright infringement be sent by certified mail to:  

 

WE GROWTH EMAIL OVDE

 

If you believe that your intellectual property right (or such a right that you are responsible for enforcing) is infringed by any content on the Site, please write to WeGrowth at the address shown above, giving a written statement that contains:

 

  1. identification of the copyrighted work and/or intellectual property right claimed to have been infringed;

 

  1. identification of the allegedly infringing material on the Site that is requested to be removed;

 

  1. your name, address, and daytime telephone number, and an e-mail address if available;


 

  1. a statement that you have a good faith belief that the use of the copyrighted work and/or exercise of the intellectual property right is not authorized by the owner, its agent, or the law;

 

  1. a statement that the information in the notification is accurate, and, under penalty of perjury, that the signatory is authorized to act on behalf of the owner of the right that is allegedly infringed; and

 

  1. the signature of the intellectual property right owner or someone authorized on the owner’s behalf to assert infringement of the right.

 

WeGrowth will process any notice of alleged infringement which it receives and will take appropriate  action as required by the Digital Millennium Copyright Act (DMCA) 17 U.S.C.

512(c)(3) or other applicable copyright law. U.S. law provides significant penalties for submitting such a statement falsely. Under appropriate circumstances, persons who repeatedly submit infringing or unlawful material will be prohibited from posting further submissions.

 

  1. Liability for Content. You hereby acknowledge and agree that WeGrowth   (i) stores Content and other information at the direction, request and with the authorization of its users, (ii) acts merely as a passive conduit and/or host for the uploading, storage and distribution of such Content, and (iii) plays no active role and gives no assistance in the presentation or use of the Content. You are solely responsible for all of Your Content that you upload, post or distribute to, on or through the Websites, and to the extent permissible by law, WeGrowth excludes all liability with respect to all Content (including Your Content) and the activities of its users with respect thereto.

 

You hereby acknowledge and agree that WeGrowth cannot and does not review the Content created  or  uploaded  by  its  users,  and  neither  WeGrowth  nor  its  subsidiaries, affiliates, successors,  assigns,  employees,  agents,  directors,  officers  and  shareholders  has  any obligation, and does not undertake or assume any duty, to monitor the Websites for Content that is inappropriate, that does or might infringe any third party rights, or has otherwise been uploaded in breach of these Terms of Service or applicable law.

 

WeGrowth and its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders hereby exclude, to the fullest extent permitted by law, any and all liability which may arise from any Content uploaded to the Websites by users, including, but not limited to, any claims for infringement of intellectual property rights, rights of privacy or publicity rights, any claims relating to publication of defamatory, pornographic, obscene or offensive material, or any claims relating to the completeness, accuracy, currency or reliability of any information provided by users of the Websites. By using the Websites, you irrevocably waive the right to assert any claim with respect to any of the foregoing against WeGrowth or any of its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers or shareholders.


  1. Repeat Infringers. WeGrowth will suspend or terminate your access to the Websites if WeGrowth  determines,  in  its  sole  and  reasonable  discretion,  that  you  have  repeatedly breached these Terms of Service.

 

If we receive a valid notification from a third party in accordance with our reporting processes or applicable law that any of Your Content infringes the copyright or other rights of such third party, or if we believe that your behavior is inappropriate and violates our Terms of Service, we will send you a written warning to this effect. Any user that receives more than two of these warnings is liable to have their access to the Websites terminated forthwith.

 

We will also suspend or terminate your account without warning if ordered to do so by a court, and/or in other appropriate circumstances, as determined by WeGrowth at its sole discretion.

 

Please note that we do not offer refunds to Members whose accounts are terminated as a result of repeated infringement of these Terms of Service.

 

  1. Limitation of Liability. In no event shall WeGrowth be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the Websites or Service, or use thereof. Nothing contained in this Websites or in any written or oral communications from WeGrowth or its employees or agents shall be construed to make any promise, covenant, or guaranty, all of which are explicitly disclaimed hereby, contrary to the statements and disclaimers contained in this paragraph.

 

The content and functionality on the Websites and the services provided by employees of the Websites are offered “as is” without warranty of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. WeGrowth makes no warranties, express or implied, as to the ownership, accuracy, completeness or adequacy of the Websites’ content or that the functionality of the Websites will be uninterrupted or error-free or free from virus or third party attack. You hereby acknowledge that your use of the Websites and the Service is at your sole risk. UNDER NO CIRCUMSTANCES  SHALL  WeGrowth,  ITS  OFFICERS,  OWNERS,  EMPLOYEES  OR AGENTS AND THEIR RESPECTIVE HEIRS, SUCCESSORS AND ASSIGNS BE LIABLE FOR ANY  DAMAGES,  INCLUDING  DIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT DIRECTLY OR INDIRECTLY RESULT FROM USE OF, OR INABILITY TO USE, THE WEBSITES OR SERVICE OR THE INFORMATION CONTAINED THEREIN, INCLUDING WITHOUT LIMITATION FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE WEBSITES, EVEN IF WeGrowth HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES AND REGARDLESS OF THE THEORY OF LIABILITY.

 

TO THE GREATEST EXTENT PERMITTED BY LAW, YOU AGREE THAT IN NO EVENT WILL WeGrowth HAVE ANY LIABILITY, CONTINGENT OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES IN ANY WAY


ARISING OUT OF OR RELATING TO THE AGREEMENT, WEBSITES OR THE SERVICE, INCLUDING, BUT NOT LIMITED TO LOST PROFITS; LOST DATA; LOSS OF GOODWILL; COPYRIGHT, TRADEMARK, OR OTHER INTELLECTUAL PROPERTY INFRINGEMENT; WORK STOPPAGE; EQUIPMENT FAILURE OR MALFUNCTION; ILLEGAL, IMMORAL OR FRAUDULENT  ACTIVITY;  PERSONAL INJURY; PROPERTY DAMAGE; OR ANY OTHER DAMAGES OR LOSSES, EVEN IF WeGrowth HAS BEEN ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, STATUTE, INDEMNITY OR OTHERWISE) UPON WHICH SUCH LIABILITY IS BASED.

 

In the event that any of the foregoing limitations are deemed to be unenforceable, to the greatest extent permitted by law, you agree that the entire aggregate liability of WeGrowth and sole remedy available to any Member in any case in any way arising out of or relating to the Agreement, Websites or the Service shall be limited to monetary damages that in the aggregate may not exceed the greater of $500.00 or the sum of any amount paid by the Member or user to WeGrowth during the six months prior to notice to WeGrowth of the dispute for which the remedy is sought.

 

  1. Indemnity by You. You agree to indemnify and hold WeGrowth, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, arising out of or related to:

 

  1. your use of the Service and/or Websites in violation of this Agreement and/or arising from a breach of this Agreement including without limitation your representations and warranties set forth above;

 

  1. any third party claim of infringement of copyright or other intellectual property rights or invasion of privacy arising from the hosting of Your Content on the Websites, and/or your making available thereof to other users of the Websites, and/or the actual use of Your Content by other users of the Websites or related services in accordance with these Terms of Service and the parameters set by you with respect to the distribution and sharing of Your Content;

 

  1. any activity related to your account, either by you or by any other person accessing your account with or without your consent unless such activity was caused by the act of WeGrowth.

 

  1. Attorney Fees. In the event that WeGrowth is successful in whole or in part in any action or proceeding related to or arising from this Agreement, you shall be responsible for WeGrowth’s attorneys’ fees and costs.

 

  1. Parental or Guardian Permission. Some of the Content on the Websites may not be appropriate for children. CHILDREN UNDER THE AGE OF 17 ARE NOT PERMITTED TO USE THE WEBSITES UNLESS A SUPERVISING PARENT OR GUARDIAN IS PRESENT.


  1. Privacy. Use of the Websites and/or the Service is also governed by our Privacy Policy, located at this link.

 

  1. Jurisdiction and Choice of Law; Dispute Resolution. If there is any dispute arising out of the Websites and/or the Service, by using the Websites and/or Service, you expressly agree that any such dispute shall be governed by the laws, without regard to its conflict of law provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the state and federal courts of the State of New York, for the resolution of any such dispute.

You  hereby  agree  to  accept  service  of  process  for  any  action hereunder by certified mail return receipt requested which service shall have the same force and effect as though service had been effected by personal service in the applicable jurisdiction. If any part of these terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions.

 

  1. Arbitration Provision/No Class Action. Except where prohibited by law, as a condition of using the Websites and/or Service, you agree that any and all disputes, claims and causes of action (collectively, “Claim”) arising out of or connected with the Websites and/or Service, shall be resolved individually, without resort to any form of class action, exclusively by binding arbitration under the rules of the American Arbitration Association for full and final settlement of such Claim, and judgment on the award rendered in the arbitration may be entered in any court having jurisdiction thereof. Such arbitration shall be held in accordance with the Rules for Expedited  Procedures under the Commercial Arbitration Rules of the American Arbitration Association or other mutually agreeable organization, before a single arbitrator (with knowledge and expertise of copyright law if the claim is all or partially for copyright infringement), selected by agreement of both parties or by an independent mediator (with knowledge and expertise of copyright law if the claim is all or partially for copyright infringement) if the parties are unable to agree. The parties shall split the arbitration and/or mediator costs.

 

  1. No Third Party Beneficiaries. You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement.

 

  1. Availability outside the U.S. If you access WeGrowth from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. If you access the Websites from outside of the United States, you acknowledge that any personal information you provide will be processed in the United States and other geographies as  selected  by  us  in  our  sole  discretion,  and  you  hereby  consent  to  the collection and


processing of your personal information in a manner consistent with this Agreement and the

Privacy Policy.

 

  1. Entire Agreement. This Agreement contains the entire agreement between you and WeGrowth regarding the use of the Websites and/or the Service.

 

  1. Severability; Waiver. If any provision of this Agreement is found to be invalid by any court having 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. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. In addition, WeGrowth’s failure to enforce any term of this Agreement shall not be deemed as a waiver of such term or otherwise affect WeGrowth’s ability to enforce such term at any point in the future.

 

  1. Headings. The section headings contained in this Agreement are for reference purposes only and shall not in any way affect the meaning or interpretation of this Agreement.

Please contact us with any questions regarding this agreement.

 

  1. CONTACTING US

If you have questions or need assistance, please contact Customer Support.

 

I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.

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