Terms of Service
Last Updated: June 1, 2016
ARBITRATION NOTICE: UNLESS YOU ARE ACCESSING OR USING THE SERVICES ON BEHALF OF A COMPANY OR OTHER COMMERCIAL ENTITY OR OPT OUT OF ARBITRATION WITHIN 30 DAYS OF THE DATE YOU FIRST AGREE TO THESE TERMS BY FOLLOWING THE OPT-OUT PROCEDURE SPECIFIED IN SECTION 18.3 (DISPUTE RESOLUTION FOR CONSUMERS) BELOW, AND EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN SECTION 18.3 BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND GrowthHackers WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU ARE WAIVING YOUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.
- Agreement to Terms
By using our Services, you agree to be bound by these Terms. If you don’t agree to be bound by these Terms, do not use the Services. If you are accessing and using the Services on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms. In that case, “you” and “your” will refer to that company or other legal entity.
- Changes to Terms or Services
We may modify the Terms at any time, in our sole discretion. If we do so, we’ll let you know either by posting the modified Terms on the Site or through other communications. It’s important that you review the Terms whenever we modify them because if you continue to use the Services after we have posted modified Terms on the Site, you are indicating to us that you agree to be bound by the modified Terms. If you don’t agree to be bound by the modified Terms, then you may not use the Services anymore.
Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion. For example, we may remove a feature that users don’t use very often. We will notify you of significant changes to the Services that may affect you by sending you an email or posting on the Services.
- Who May Use the Services
You may use the Services only if you are 18 years or older and capable of forming a binding contract with GrowthHackers and are not barred from using the Services under applicable law.
If you want to use certain features of the Services you’ll have to create an account (“Account”), which you can do through the Site. As part of the Account registration process, you may be requested to provide information about yourself in order to use the Services. It’s important that you provide us with accurate, complete and up-to-date information for your Account and you agree to update such information, as needed, to keep it accurate, complete and up-to-date. If you don’t, we might have to suspend or terminate your Account. We may use the information you provide in addition to information about you that is publicly available on the Internet—such as posts on any third-party social networking service, such as Facebook or LinkedIn (each, an “SNS Account”), that the privacy settings on and terms governing our access to such SNS Account permit us to access—in order to auto-generate parts of your Account profile. As noted below, you can terminate your Account at any time.
Certain features of the Services may permit or require you to link your Account with one or more SNS Accounts. If you do so, the Services will provide you with the functionality permitted by the settings on such SNS Account.
You agree that you won’t disclose your Account password to anyone and you’ll notify us immediately of any unauthorized use of your Account. You’re responsible for all activities that occur under your Account, whether or not you know about them.
Individuals who create an Account for the Services (which include you and third party Account holders) are collectively referred to as “Members” throughout these Terms.
- GrowthHackers Community
GrowthHackers Community enables you to connect with other Members on the Services. Members may communicate with other Members and can post articles, messages, pictures and videos publicly through the Services. Any such content that you or other Members post on the GrowthHackers Community is called “Community Content.”
- Community Content Permissions
You understand and agree that your Account profile page and your Community Content will be publicly visible to Members and other visitors to the Site. GrowthHackers needs your permission to host your Community Content and make it available through the Services to you, other Members and other visitors to the Site, so by making any Community Content available through GrowthHackers Community you grant to GrowthHackers, or permit GrowthHackers to grant other Members, the rights and licenses necessary to make your Community Content available to you, other Members and other visitors to the Site, including the right to copy, modify (for formatting purposes only) and distribute copies of your Community Content in connection with operating and providing the Services, including, but not limited to, posting your Community Content on GrowthHackers’ SNS Accounts.
- GrowthHackers Projects
GrowthHackers Projects is a collaborative workflow management service available through the Site. Subject to your compliance with these Terms, GrowthHackers will provide Members access to GrowthHackers Projects. You may access and use GrowthHackers Projects solely for your internal business purposes.
You can use GrowthHackers Projects to create an organization (“Organization”) and create workflow management projects associated with the Organization (“Projects”). When creating an Organization, you can either create a free Organization or, if you purchase a subscription as described in Section 7.3 (“Subscription”), a premium Organization. Once you create an Organization, you can invite other Members to join your Organization. The Members associated with an Organization, including you, are referred to as “Collaborators”. If you create a premium Organization, the Collaborators access to the Organization and any associated Projects will be governed by the applicable terms and requirements for the Subscription outlined on the Subscription Page [include link] at your time of purchase or otherwise disclosed to you during the ordering process.
Each time you create a Project, it must be associated with an Organization. You can add a Project to an existing Organization, which you previously created or for which you are a Collaborator, or you can create a new Organization. Any data or other content associated with a Project is called “Project Content.”
- Project Content Permissions
Once a Project is created, Collaborators for the Organization with which it is associated may be able to access, view, modify and create derivative works based upon the Project and any Project Content as permitted by the functionality of the Services. You acknowledge sole responsibility for and assume all risk arising from sharing your Project with Collaborators.
If your Project is associated with a free Organization, your Project must be a public Project. If your Project is associated with a premium Organization, you can choose to make your Project public or private. A private Project and any associated Project Content can only be viewed by Collaborators. A public Project and any associated Project Content can be viewed by anyone visiting the Site, including other Members and visitors to the Site, and may be indexed by search engines, like Google. In addition, any Member can contribute Project Content to your public Project (though we won’t permit them to modify your Project Content) or copy and save their own version of a public Project and the related Project Content and privately edit it.
GrowthHackers needs certain permissions to make the Project Content available to Collaborators, other Members and other visitors to the Site. If you create a Project, you hereby grant GrowthHackers the rights and licenses necessary to make your Project Content available to you, your Collaborators, other Members and other visitors to the Site as described above. You agree to grant, or permit GrowthHackers to grant, your Collaborators the right to copy, distribute, modify and create derivative works based upon your Project and the Project Content as permitted by the functionality of the Services.
You can purchase a Subscription in order to create a premium Organization (such purchase, a “Transaction”) by placing an order through the Services. If you purchase a Subscription, we may ask you to supply additional information relevant to your Transaction, including, without limitation, your credit-card number, the expiration date of your credit card, and your address(es) for billing (such information, “Payment Information”). You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information. When you initiate a Transaction, you authorize us to provide your Payment Information to third parties (such as Chargify or Stripe) so we can complete your Transaction and to charge your payment method for the type of Transaction you have selected; you may need to provide additional information to verify your identity before completing your Transaction (such information is included within the definition of Payment Information).
If you purchase a Subscription, you will be charged the then-applicable Subscription fee (“Subscription Fee”) at the beginning of your Subscription and each month, quarter or year thereafter, depending on the term of your Subscription, at the then-current rate. Subscription Fees are outlined on the Subscription Page [insert link]. Please note that our Subscription Fees are subject to change, although we will notify you before any change in Subscription Fees. You agree that your purchase of Subscriptions for GrowthHackers Project is neither contingent on the delivery of any future functionality or features nor dependent on any oral or written comments made by GrowthHackers regarding future functionality or features.
By agreeing to these Terms and purchasing a Subscription, you acknowledge that your Subscription has recurring payment features and you accept responsibility for all recurring payment obligations prior to cancellation of your Subscription by you or GrowthHackers. We (or our third party payment processor) will automatically charge you in accordance with term of your Subscription (e.g., each month, quarter or year), on the calendar day corresponding to the commencement of your Subscription, using the Payment Information you have provided. In the event your Subscription began on a day not contained in a given month, your payment method will be charged on a day in the applicable month or such other day as we deem appropriate. For example, if you started a monthly Subscription on January 31st, your next payment date is likely to be February 28th, and your payment method would be billed on that date. We may also periodically authorize your payment method in anticipation of applicable fees or related charges. Your Subscription continues until cancelled by you or we terminate your access to or use of the Services or the Subscription in accordance with these Terms.
- Cancelling Subscriptions
You may cancel your Subscription at any time. PLEASE NOTE, HOWEVER, THAT ALL SALES ARE FINAL. YOU WILL NOT RECEIVE A REFUND OF ANY PORTION OF THE SUBSCRIPTION FEE PAID FOR THE THEN CURRENT SUBSCRIPTION PERIOD AT THE TIME OF CANCELLATION. To cancel, you can either (i) email us at firstname.lastname@example.org and follow any instructions, if any, we provide to you in response to your cancellation request, or (ii) initiate a cancellation through your Account settings within the Services. You will be responsible for all Subscription Fees (plus any applicable taxes and other charges) incurred for the then current Subscription period. If you cancel, we will allow you to access any private Projects associated with such Subscription until the most recently paid-up Subscription period ends. Cancelling your Subscription won’t cancel your Account. See Section 14 (Termination) below for information on terminating your Account.
At the end of the Subscription period, any premium Organization you have created will be locked or disabled and you and any other Collaborators will no longer be able to access the Organization and any related private Projects. You can choose to make any private Project associated with any premium Organization public or disable such Project. You and any other Collaborators will no longer be able to access any private Project that is disabled or any data associated with such Project unless you purchase a Subscription again. You acknowledge sole responsibility for and assume all risk arising from cancellation of your Subscription, including, without limitation, any loss of data associated with a Project or any public disclosure of your Project.
- Free Trial
We may offer Subscriptions on a free trial basis (“Free Trial”) for a specified period of time. If we offer you a Free Trial, the specific terms of your Free Trial will be provided at signup and/or in the promotional materials describing the Free Trial and your use of the Free Trial is subject to your compliance with such specific terms. Free Trials may not be combined with any other offer. Except as may otherwise be provided in the specific terms for the Free Trial offer, Free Trials are only available to users who have not previously held a Subscription. When you agree to a Free Trial, you are also agreeing to sign up for a paid Subscription as described above and, consequently, unless you cancel your Subscription prior to the end of your Free Trial, we (or our third party payment processor) will begin charging your payment method on a recurring basis for the Subscription Fee (plus any applicable taxes and other charges) at the end of the Free Trial until you cancel your Subscription. Instructions for cancelling your Subscription are stated above in Section 7.4 (Cancelling Subscriptions). We reserve the right to modify or terminate Free Trials at any time, without notice and in our sole discretion.
- Data Maintenance and Backup Procedures.
In the event of any loss or corruption of any data associated with the Services, GrowthHackers will use commercially reasonable efforts to restore the lost or corrupted data from the latest backup of such data maintained by GrowthHackers. Except for the foregoing, GrowthHackers will not be responsible for any loss, destruction, alteration, unauthorized disclosure or corruption of any such data.
- Content Ownership
GrowthHackers does not claim any ownership rights in any Community Content and Project Content (collectively, “Member Content”) and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your Member Content. Subject to the foregoing, GrowthHackers and its licensors (including other Members) exclusively own all right, title and interest in and to the Services and any text, graphics, images, works of authorship of any kind, and information or other materials created by or licensed to GrowthHackers to be made available through the Services (“GH Content”), including all associated intellectual property rights. GH Content may include original content created by GrowthHackers for GrowthHackers Community or GrowthHackers Projects, such as growth studies or public Projects. You acknowledge that the Services, GH Content and Member Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services, GH Content or Member Content. GH Content does not include Member Content.
- Your Representations and Warranties
You are solely responsible for all your Member Content. You represent and warrant that you own all your Member Content or you have all rights that are necessary to grant us the license rights in your Member Content under these Terms. You also represent and warrant that neither your Member Content, nor your use and provision of your Member Content to be made available through the Services, nor any use of your Member Content by GrowthHackers on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. You assume all risks associated with your Member Content, including anyone’s reliance on its accuracy, completeness or usefulness, or any disclosure by you of information in your Member Content that makes you personally identifiable.
- No Endorsements
GrowthHackers has not reviewed, and cannot review, Member Content, and cannot therefore be responsible for such Member Content. By operating the Services, GrowthHackers does not represent or imply that it endorses the Member Content, or that it believes it to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Member Content may be offensive, indecent, or otherwise objectionable, as well as may contain technical inaccuracies, typographical mistakes, and other errors. Member Content may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. GrowthHackers disclaims any responsibility for any harm resulting from the use of the Services, or from any Member Content.
- Deleting Content
You can remove certain Member Content through the Services. However, some of your Member Content (including, without limitation, posts or comments that have been made on GrowthHackers Community and Project Content associated with public Projects) may not be removed and copies of your Member Content may continue to exist on the Services in archive or backup form. However, we may remove or delete your Member Content within a reasonable period of time after the termination or cancellation of your Account in accordance with Section 14 (Termination). We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your Member Content.
- Rights in Content Granted by GrowthHackers
Subject to your compliance with these Terms, GrowthHackers grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and view GH Content solely in connection with your permitted use of the Services and solely for your personal and non-commercial purposes.
In addition, GrowthHackers grants, (i) your Collaborators the right to copy, distribute, modify and create derivative works based upon your Project and the Project Content as permitted by the functionality of the Services and (ii) other Members and other visitors to the Site, the right to copy, modify (for formatting purposes only) and distribute copies of your Community Content connection with operating and providing the Services.
- Content Ownership
- Publicity and Feedback
You agree that GrowthHackers may identify you or your company and use your company’s logo on the Site and in marketing materials to identify you or your company as a user of the Services, and you hereby grant us a non-exclusive, royalty-free license to do so on our Site or in any media now or later developed in connection with any marketing, promotion or advertising of GrowthHackers or the Services.
We welcome feedback, comments and suggestions for improvements to the Services (“Feedback”). You can submit Feedback by emailing us at email@example.com. You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.
- General Prohibitions and GrowthHackers’s Enforcement Rights
You agree not to do any of the following:
- Post, upload, publish, submit or transmit any Member Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances;
- Use, display, mirror or frame the Services or any individual element within the Services, GrowthHackers’s name, any GrowthHackers trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without GrowthHackers’s express written consent;
- Access, tamper with, or use non-public areas of the Services, GrowthHackers’s computer systems, or the technical delivery systems of GrowthHackers’s providers;
- Attempt to probe, scan or test the vulnerability of any GrowthHackers system or network or breach any security or authentication measures;
- Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by GrowthHackers or any of GrowthHackers’s providers or any other third party (including another user) to protect the Services or Member Content;
- Attempt to access or search the Services or Member Content or download Member Content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by GrowthHackers or other generally available third-party web browsers;
- Send any advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation in violation of any applicable law or regulation;
- Use any meta tags or other hidden text or metadata utilizing a GrowthHackers trademark, logo URL or product name without GrowthHackers’s express written consent;
- Use the Services or Member Content, or any portion thereof, for the benefit of any third party or in any manner not permitted by these Terms;
- Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services or Member Content to send altered, deceptive or false source-identifying information;
- Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services or Content;
- Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
- Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
- Impersonate or misrepresent your affiliation with any person or entity;
- Violate any applicable law or regulation; or
- Encourage or enable any other individual to do any of the foregoing.
Although we’re not obligated to monitor access to or use of the Services or Member Content or to review or edit any Member Content, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Member Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Member Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
- DMCA/Copyright Policy
GrowthHackers respects copyright law and expects its users to do the same. It is GrowthHackers’s policy to terminate in appropriate circumstances Account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please see GrowthHackers’s Copyright Policy at GrowthHackers Copyright Policy, for further information.
- Links to Third Party Websites or Resources
The Services may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources.
We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you. You may cancel your Account at any time by sending an email to us at firstname.lastname@example.org. If we terminate your access to and use of the Services due to your breach of these Terms, you will not receive a refund for any partial-term cancellation or termination. Upon any termination, discontinuation or cancellation of Services or your Account, the following provisions will survive: Section 6.2 (Community Content Permissions), Section 7.2 (Project Content Permissions), Section 9 (Content), Section 10 (Feedback), Section 11 (General Prohibitions and GrowthHackers’s Enforcement Rights), Section 12 (DMCA/Copyright Policy), Section 13 (Links to Third Party Websites or Resources), Section 14 (Termination), Section 15 (Warranty Disclaimers), Section 16 (Indemnity), Section 17 (Limitation of Liability), Section 18 (Dispute Resolution), and Section 19 (General Terms).
- Warranty Disclaimers
The Services are provided “AS IS,” without warranty of any kind, EXPRESS, STATUTORY OR IMPLIED. Without limiting the foregoing, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Content.
You will indemnify, defend and hold harmless GrowthHackers and its officers, directors, employee and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (i) your access to or use of the Services or Content, (ii) your Member Content, or (iii) your violation of these Terms.
- Limitation of Liability
NEITHER GrowthHackers NOR ANY OTHER party involved in creating, producing, or delivering the services will be liable for any incidental, special, exemplary or consequential damages, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES arising ouT of or in connection with thESE TERMS or from the use OF or inability to use the ServiceS, whether based on warranty, contract, tort (including negligence), PRODUCT LIABILITY or any other legal theory, and whether or not GROWTHHACKERS has been informed of the possibility of such damage, EVEN IF A limited REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PUrPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
In no event will GrowthHackers’S total liability arising out of or in connection with THESE TERMS OR FROM THE USE OF OR INABILITY TO USE the ServiceS EXCEED THE AMOUNTS YOU HAVE PAID TO GROWTHHACKERS FOR USE OF THE SERVICES OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO GROWTHHACKERS, AS APPLICABLE.
THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN GROWTHHACKERS AND YOU.
- Dispute Resolution
- Governing Law
These Terms and any action related thereto will be governed by the laws of the State of California without regard to its conflict of laws provisions.
- Dispute Resolution for Commercial Entities
If you are accessing and using the Services on behalf of a company or other commercial entity, you and GrowthHackers agree that the exclusive jurisdiction and venue of any legal action or proceeding arising under these Terms will be the state and federal courts located in the Northern District of California and each of the parties hereto waives any objection to jurisdiction and venue in such courts.
- Dispute Resolution for Consumers
- Agreement to Arbitrate
If you are accessing and using the Services as an individual, you and GrowthHackers agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services or Content (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right: (i) to bring an individual action in small claims court and (ii) 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 party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights (the action described in the foregoing clause (ii), an “IP Protection Action”). Without limiting the preceding sentence, you will also have the right to litigate any other Dispute if you provide GrowthHackers with written notice of your desire to do so by email at email@example.com or regular mail at GrowthHackers, 1901 Newport Blvd., Suite 175; Costa Mesa, CA 92627 within thirty (30) days following the date you first agree to these Terms (such notice, an “Arbitration Opt-out Notice”). If you don’t provide GrowthHackers with an Arbitration Opt-out Notice within the thirty (30) day period, you will be deemed to have knowingly and intentionally waived your right to litigate any Dispute except as expressly set forth in clauses (i) and (ii) above. The exclusive jurisdiction and venue of any IP Protection Action or, if you timely provide GrowthHackers with an Arbitration Opt-out Notice, will be the state and federal courts located in the Northern District of California and each of the parties hereto waives any objection to jurisdiction and venue in such courts. Unless you timely provide GrowthHackers with an Arbitration Opt-out Notice, you acknowledge and agree that you and GrowthHackers are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and GrowthHackers otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this Section 18.3 will be deemed void. Except as provided in the preceding sentence, this Section 18.3 will survive any termination of these Terms.
- Arbitration Rules
The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this Section 18.3. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section 18.3.
- Arbitration Process
A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a general Demand for Arbitration.) The arbitrator will be either a retired judge or an attorney licensed to practice law and will be selected by the parties from the AAA’s roster of arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
- Arbitration Location and Procedure
Unless you and GrowthHackers otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of the documents that you and GrowthHackers submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
- Arbitrator’s Decision
The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award of damages must be consistent with the terms of Section 17 (Limitation of Liability) above as to the types and amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. GrowthHackers will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys’ fees and expenses if it prevails in arbitration.
Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, GrowthHackers will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
Notwithstanding the provisions of Section 3 (Changes to Terms or Services) above, if GrowthHackers changes this Section 18.3 after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email to firstname.lastname@example.org) within 30 days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of GrowthHackers’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and GrowthHackers in accordance with the provisions of this Section 18.3 as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
- Agreement to Arbitrate
- Governing Law
- General Terms
These Terms constitute the entire and exclusive understanding and agreement between GrowthHackers and you regarding the Services and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between GrowthHackers and you regarding the Services and Content. If any provision of these Terms is held invalid or unenforceable (either by an arbitrator appointed pursuant to the terms of Section 18.3 (Dispute Resolution for Consumers) above or by court of competent jurisdiction, if you are accessing and using the Services on behalf of a Company or other commercial entity or timely opt out of arbitration by sending us an Arbitration Opt-out Notice in accordance with the terms set forth above), that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without GrowthHackers’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. GrowthHackers may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications provided by GrowthHackers under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
GrowthHackers’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of GrowthHackers. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
- Contact Information
If you have any questions about these Terms or the Services, please contact GrowthHackers at email@example.com.