Welcome to the GrowthAdvisor HQ™ website (“www.growthadvisorhq.com”)!
GrowthAdvisor HQ™ (aka Go9, Inc., a Washington corporation, and referred to in these Terms as “GrowthAdvisor”, “we”, “us” or “our”) provides Services through this Website to registered users who are employees of private and public companies that offer stock as a form of compensation to their employees. This Website offers access to our free and paid subscription services, Discussion Groups, and all of the other services we provide to users (each a “Service,” and collectively, the “Services”). Some Services are works in progress. Note that some Services may not be available in all jurisdictions or to all persons. We also reserve the right to change or even eliminate any Service, in our sole discretion.
We reserve the right, in our sole discretion, without any obligation and without any notice requirement, to change, improve or correct the information, materials and descriptions on this Website and to suspend and/or deny access to this Website or any Services for scheduled or unscheduled maintenance, upgrades, improvements or corrections. The information and materials on this Website may contain typographical errors or inaccuracies. Any dated information is published as of its date only, and we do not undertake any obligation or responsibility to update or amend any such information.
Federal or state law may require that we notify you of certain events. You hereby acknowledge and consent that such notices will be effective upon our posting them on this Website or sending them to you by email. If you do not provide us with accurate contact information, we cannot be held liable if you fail to receive any of our notices.
2. User Accounts
Each person using this Website and/or any of the Services (“user”, “you”, “your”) must set up an account by registering through this Website. In order to register, you will be required to create a user name and password, which you will need in order to access any of the Services on this Website.
Each user may only maintain one active account with us – one registration per person. Any use of multiple accounts or aliases in connection with our Services, including attempts to mislead, defraud, confuse, or otherwise manipulate us or the Services, is a breach of these Terms.
As a registered user, you can update your account settings, including your email address, by going to choosing Settings from the user menu. There, you can also change your password at any time and your user name. Also, if you forget either your password or user name, you can go to https://app.growthadvisorhq.com/auth/forgot-password for assistance.
You certify that all information you provide is accurate. You also agree to maintain and update your information as necessary so that it remains accurate and current. In the event that any information you provide is inaccurate or not up to date, we reserve the right to cancel your subscription.
You are responsible for statements made and actions taken through the use of your account, so please maintain the confidentiality of your access password. You agree to immediately notify User Support through our intercom button of any actual or suspected unauthorized use of your username and password. We will not be responsible for any loss or liability to you arising from unauthorized use of your data.
We reserve the right to refuse or discontinue the supply of a Service to any user at any time in our sole discretion.
The Services generally deliver Content (as defined below) through this Website and at times in the form of emails. There is no opt-out choice available for these emails (unless you cancel your account). Of course, you can always opt out of our marketing emails on the settings page.
3. Subscriptions, Renewals, Billing and Cancellation
When becoming a paid subscriber (“subscriber”), you will need to provide us with your name, email address, and billing and shipping addresses, as well as your credit card information. As a subscriber, you agree to pay the applicable subscription fee as set forth on this Website. Sales taxes may be charged in addition to the subscription fee. BY PLACING YOUR ORDER, YOU PROVIDE YOUR ELECTRONIC AUTHORIZATION FOR FUTURE CHARGES AGAINST YOUR CREDIT CARD ON FILE UNLESS YOU CANCEL.
Unless stated otherwise, subscription is for online and/or electronic access to the Services only. Certain promotions may offer features that are issued in physical form. Shipping of any goods or service associated with these promotions is limited to the United States. Physical fulfillment of goods or services not specifically mentioned in a promotion is at the sole discretion of GrowthAdvisor.
Your subscription will automatically renew annually at the then-current rate, until you notify us of your decision to terminate your subscription. The product’s settings pages provide the option to TURN OFF “auto-renewal”. You can use that to have your paid service continue, but not automatically renew at the end of the paid period. Most subscriptions will renew for one-year terms, regardless of the offer under which the subscription started. Of course, we will email you about the length and price for your renewal before we charge you. If you would like to turn off automatic renewal, or extend your subscription for additional years, please contact [User Support]. BY ALLOWING FOR YOUR RENEWAL, YOU PROVIDE YOUR ELECTRONIC AUTHORIZATION FOR FUTURE CHARGES AGAINST YOUR CREDIT CARD ON FILE.
Accordingly, you agree that you will be billed automatically at the beginning of each renewal period at the then-current subscription rate (plus sales tax, if applicable) to the credit card you used in your most recent transaction with us. If you provided more than one card, the first card on file will be used.
We reserve the right to increase a Service’s subscription fees or institute new charges upon reasonable notice. Service fees are due in advance.
Refunds and Credits
Different Services (and sometimes specific offers) may have different refund policies that apply (including some that provide for no refunds). Please review the specific terms of the Service before subscribing as you are agreeing to be bound to those terms. If you are unsure of your cancellation rights, please contact Support through our intercom button.
All sales are final. Unused time of the subscription term will not be refunded. You will have access until the end of the current term. If a user opens a Payment dispute for any reason, the user will be permanently banned from GrowthAdvisor.
From time to time, we may offer Services through third-party vendors. In such cases, each vendor’s refund policy will apply and may differ from our refund policies.
Transfer; Discontinuing a Subscription
You cannot transfer your subscription to someone else. A subscription will continue through the end of its term and then will be automatically renewed at the then-current price and conditions.
Subscriptions with GrowthAdvisor will continue until it is either discontinued by us, or cancelled by you. You are responsible to cancel your subscription before the end of your term. If the transaction fails, your subscription will be suspended after three (3) failed attempts. For assistance in this situation, please contact User Services.
Granted Free Account Subscribers
In some cases, and always in the sole discretion of GrowthAdvisor, a certain number of users may be granted a free full-access account (“Free-Account Subscribers”). This means we will give you a fully functional account equivalent to any paid subscriber. Free-Account Subscriber are expected to provide GrowthAdvisor with financial information about companies that GrowthAdvisor does not already possess. A Free-Account Subscriber can be invited to create a new account, or have an already-paid account refunded.
If a user is offered and accepts a free subscription, the subscription will terminate in one (1) year unless the user becomes a paid subscriber.
Misuse of Account
The information available to our paid subscribers on this Website and emails directed to our paid subscribers are intended for use ONLY by each subscriber who has paid in full for their subscription. It may not be shared in any form without the prior written consent of GrowthAdvisor. If you choose to ignore this warning you may be prosecuted for violation of copyright laws. You agree that excessive simultaneous account log-ins from different IP addresses may result in additional credit card charges or termination of your subscription. You agree not to give your account login information to anyone else. You agree that sharing the Services with non-subscribers, without our express prior written consent, damages GrowthAdvisor in an amount not to be less than $10,000 per incident.
Data and Analysis About Companies
In the material and data that we make available about companies to our users, we rely on a variety of third party sources, such as Crunchbase®. We believe these sources of data to be accurate and reliable, but sometimes they may not be. We make no claims or representations as to the accuracy, completeness, or truth of any material provided by such third parties. Nor are we liable for any errors or delays in the Content or transmission of the data on this Website.
We have business relationships with an ever-changing assortment of companies, including technology vendors, leasing companies, data providers, banks, distribution channels, advertisers, landlords, and accountants. It would take too much space to list all the companies that we do business with and that contribute directly or indirectly to this Website or the Services, but we try to disclose the fact that we collaborate with such parties in connection with any interface with users on this Website.
Please note that certain individual third-party services offered on this Website will likely have their own, or additional, terms and conditions. Please review those terms carefully. In the event of a conflict, these Terms and any of our other terms for use of a Service will control.
5. Shared Content – Company Data
You will be asked for information about companies you are working for, or have worked for in the past. We may share this information with other subscribers who are working, or have worked, at the same companies so they may confirm, deny, or amend that information. You may prevent this sharing through privacy settings (available in the SETTINGS page).
Other subscribers may use an advanced mode to explore the estimates we give them for the value of their stock options. This advanced mode may include values provided by you concerning revenue, profitability, expenses, or cap table. This data will only be shared with other subscribers who work, or have worked, at these companies. You can disable sharing of this information through privacy settings (available in the SETTINGS page).
GrowthAdvisor may also provide information about companies and stock option valuation in a publicly available Career Advocate Hub (“Hub”) where GrowthAdvisor looks to publicly discuss stock option valuation prediction and other related subjects. You can disable sharing of this information to the Hub through privacy settings (available in the SETTINGS page).
As a Free-Account Subscriber you will be required to share the information you provide about companies will always be shared. It may additionally be shared to the publicly available Customer Advocate Hub. GrowthAdvisor reserves the right to sell information provided by Free-Account Subscribers. You may choose to keep the information you provide private by becoming a paid subscriber and using your privacy settings.
We will not sell access to the data you provide.
6. Shared Content –Discussion Groups
Our online discussion groups (“Discussion Groups”) allow subscribers to share and see information about their employers, make and see predictions about compensatory stock offered by the employers, aggregate data from other sources with the information shared through the Discussion Groups, and track predictions against actual results. By putting together lots of information from a variety of sources, we hope to provide subscribers with more detailed information about employers to make better investment decisions concerning equity compensation.
You should not assume that the opinions that people express in Discussion Groups are endorsed in any way by GrowthAdvisorHQ and are anything other than the opinions of the individuals expressing them. When you look at other people’s predictions, you should remember that those people may have interests in the stocks that they are making predictions about. When you review someone’s predictions in a Discussion Group, or the stock tips you see or hear elsewhere, you should not assume that the source of the prediction is unbiased or independent. One of the benefits of this Website is that you can see the performance of predictions over time and, we hope, distinguish valid data from self-serving misinformation.
Both subscribers and other users may contribute to the information about companies on this Website, whether or not they own stock in the company. You are free to contribute, or not to contribute, as you choose. PROVIDED, HOWEVER, A USER SHOULD NOT SHARE ANY INFORMATION ABOUT A COMPANY THAT THEY ARE NOT PERMITTED TO SHARE, EITHER CONTRACTUALLY OR LEGALLY. We do not assume any responsibility for regulating what users say about a company.
The freedom and openness of cyberspace from which we all benefit can make us the target of misconduct, including fraud. People with ill intent could negatively affect one or more Discussion Groups. Please proceed with caution and do your homework. Be wary of those who post hyperlinks to unknown and questionable websites since by clicking on them you will be leaving this Website and taken to what could be a harmful location on the Internet. Users sometimes post messages on this Website, including in Discussion Groups, that are misleading, deceptive, or deliberately incorrect. The U.S. Securities and Exchange Commission has published information on various fraudulent activities that they have seen and have shared their findings online https://www.sec.gov/investor/alerts/enforcement.
7. Proprietary Rights
All right, title and interest in this Website and any Content (as defined below) on it is the exclusive property of GrowthAdvisorHQ, except as otherwise stated. Unless otherwise specified, this Website is for your personal and non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, frame, create derivative works from, transfer, or otherwise use in any other way for commercial or public purposes in whole or in part any information, software, products or services obtained from this Website, except for the purposes expressly provided in it, without our prior written approval. If you copy or download any information or software from this Website, you agree that you will not remove or obscure any copyright or other notices or legends contained in any such information.
For purposes of these Terms and the Website, “Content” means any information, mode of expression, or other materials and services found on this Website or that we share by email.
GrowthAdvisorHQ, the GrowthAdvisorHQ logo and other GrowthAdvisorHQ trademarks and service marks referenced herein are trademarks and service marks of GrowthAdvisorHQ. The names of other companies and third-party products or services mentioned on this Website may be the trademarks or service marks of their respective owners. You are prohibited from using any marks for any purpose, including, without limitation, use as meta tags on other pages or sites on the World Wide Web without our written permission or the written permission of such third party, which may own the marks.
All of the Content (as defined above) on this Website and/or through any Service we provide is protected by U.S. and international copyright laws and is the property of GrowthAdvisorHQ and/or providers of any Content under license. This copyright extends from original GrowthAdvisor material, to the raw compilations of posts on this Website, to the edited and filtered compilations of posts that we sell and distribute.
You also may not republish, post, transmit, or distribute the Content to online message boards, blogs, chat rooms, intranets, or anywhere else without our consent. However, you may make one copy of the Content for your personal, non-commercial use, provided that any material copied remains intact and includes the following notice: “Copyright 2019 [or whatever the current year is] GrowthAdvisorHQ. All rights reserved.” Any other copying, distribution, storing, or transmission of any kind, or any commercial use of our Content, is prohibited without our prior written permission. That means you may not sell, auction, transfer or barter your subscription.
Please note that notwithstanding the foregoing, when you post content on this Website, you are not waiving your copyright in your expression, but you are agreeing that GrowthAdvisor has an irrevocable, perpetual, and worldwide license to use republish, distribute, reproduce, display, communicate to the public, adapt, perform, store, translate, sublicense, and promote anything you post on this Website. This includes the rights to syndicate and make derivative works out of your content. If you do not want us to use or republish your content, then please do not post it on this Website.
We reserve the right to republish the material contributed by users. By posting a message, you expressly grant the right to GrowthAdvisorHQ to republish or sell the message as part of our edited compilations or otherwise. We will provide proper attribution to the author for any post we republish.
If you have a good faith belief that your work has been copied in a way that constitutes copyright infringement, please notify our copyright agent at: firstname.lastname@example.org. In your notification, please provide the following information:
An electronic or physical signature of the person authorized to act on behalf of the copyright owner;
A description of the copyrighted work that you claim has been infringed;
A description of where on this Website the material is located;
Your address, telephone number and email address;
A statement by you that you have a good faith belief that the use is not authorized by the copyright owner, its agent or the law; and
A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.
Trademarks and Patents
You agree not to display any of GrowthAdvisorHQ’s trademarks or use them in any manner without our express written permission. You also agree not to use any of GrowthAdvisorHQ’s patents. You can find lists of our patents and trademarks [HERE].
8. User Conduct
We support active and open discussions among our users. All we ask is that users act in a lawful and civil manner at all times. Accordingly, you agree to use this Website and the Services for lawful purposes only. You may not use or allow others to use your user account or subscription to:
Post or transmit any material that you do not have the right to transmit under law (such as copyrights, trade secrets, or securities) or under contractual or fiduciary relationships (such as nondisclosure agreements);
Post or transmit any advertising, promotional materials, or other forms of solicitation, or that relates in any way to offering, buying or selling securities;
Violate any applicable law or regulation while accessing and using this Website, including, without limitation, the rules and regulations of the U.S. Securities and Exchange Commission and the national or other securities exchanges (especially and including the rule against making false or misleading statements to manipulate the price of any security);
Post or transmit any content that is disruptive, uncivil, abusive, vulgar, profane, obscene, hateful, fraudulent, threatening, harassing, defamatory, or which discloses private or personal matters concerning any person;
Post or transmit any file that contains viruses, corrupted files, “Trojan Horses,” or any other contaminating or destructive features that may damage someone’s computer;
Post, transmit, or link to sexually explicit material;
Impersonate any person, or falsely state or otherwise misrepresent your affiliation with a person or entity
Forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through this Website or to manipulate your presence on this Website
Use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor, copy or harvest data from any part of this Website;
Take any action that imposes an unreasonably or disproportionately large load on our infrastructure or disrupts the functioning of our systems or Services; or
Take any action that damages or disrupts the functioning of our systems or Services.
Unauthorized access and/or use of this Website and/or any of the Services is a breach of these Terms and a violation of the law. You agree not to access this Website by any means other than through the interfaces we provide for such purposes.
Unauthorized access to or use of this Website, including, but not limited to, unauthorized entry into GrowthAdvisorHQ’s systems, misuse of passwords or misuse of any other information, is strictly prohibited. You may not use this Website in any manner that could damage, disable, overburden, or impair this Website or any Service or interfere with any other party’s use and enjoyment of this Website or any Service. You agree that you will not engage in any activities related to this Website that are contrary to applicable laws or regulations.
We may at any time, without prior notice and in our sole discretion, remove any post, terminate any user account, end any subscription, or take any action for violating the above provisions. In the event we terminate your subscription to use a Service, you may receive a prorated refund in our sole discretion.
If you see something that you feel is a violation of these Terms or other rules governing use of this Website or any Service, please notify us by emailing at email@example.com.
9. Financial Information and Investment Decisions
None of the information contained in this Website constitutes a recommendation, solicitation or offer by GrowthAdvisor or its affiliates to buy or sell any securities, including options, or provide any investment advice or service. Prior to the execution of any transaction by you involving information you received from this Website, you should consult your business advisor, attorney and tax and accounting advisors with respect to the price, suitability, value, risk or other aspects of any stock, derivative security or other investment. Pricing and other information generated through the use of data or services made available on or through this Website may not reflect actual prices or values that would be available in the market at the time provided or at the time that you may want to purchase or sell a particular security. The information and services provided on this Website are not provided to and may not be used by any person or entity in any jurisdiction where the provision or use thereof would be contrary to applicable laws, rules or regulations of any governmental authority or regulatory or self-regulatory organization or clearing organization or where we are not authorized to provide such information or services.
GrowthAdvisor does not render personalized investment advice. Accordingly, you agree that any information that we provide to you does not constitute a recommendation that a particular security, strategy, or action is suitable for you. Ultimately only you can decide whether or not acquiring or selling a security, such as a stock option or stock, is right for you and you agree to be liable for any actions you take to acquire or dispose of any securities. If you want personal advice, then you should seek the advice of a registered investment advisor.
Disclaimers of Warranties and Liabilities
We do not warrant the completeness or accuracy of the Content on this Website or through our Services, or its usefulness for any particular purpose. We make no promises that the Content or any of the Services will be delivered to you on an uninterrupted, timely, secure, or error-free basis. You agree that you bear responsibility for your own investment research and investment decisions.
You agree that under no circumstances will GrowthAdvisorHQ, its directors, officers, employees, or its agents be liable for direct, indirect, incidental, consequential, punitive, or any other type of damages resulting from your use, purchase, or downloading of any material on this Website, or arising from or related to these Terms or the Privacy, even if we have been advised of the possibility of such damages. This includes, but is no way limited to, loss or injury caused in whole or in part by our negligence or by matters beyond our control in creating or delivering any of the Services. This disclaimer of liability does not apply in New Jersey.
We rely on various sources of information that we believe to be accurate and reliable. But we do not and will not take responsibility for, or make any claims or representations about, the accuracy or completeness of every bit of data, information, and opinion provided through this Website or the Services. IT IS UP TO YOU TO BE DISCERNING IN YOUR USE OF THE INFORMATION AND CONTENT PROVIDED THROUGH THIS WEBSITE OR THE SERVICES.
EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW, THIS WEBSITE AND PRODUCTS AND SERVICES CONTAINED AND OFFERED ON THIS WEBSITE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. NEITHER GROWTHADVISOR NOR ANY OF OUR PARTNERS MAKES ANY GUARANTY OR WARRANTY THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL THAT YOU PURCHASE OR OBTAIN FROM THE USE OF OUR SERVICES WILL MEET YOUR EXPECTATIONS OR THAT ANY ERRORS WILL BE IMMEDIATELY CORRECTED. NEITHER WE, NOR ANY OF OUR PARTNERS, MAKES ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THIS WEBSITE, ANY CONTENT, OR ANY OF OUR SERVICES, TOOLS, OR PRODUCTS. YOU EXPRESSLY AGREE THAT YOU WILL ASSUME THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF OUR SERVICES AND THE ACCURACY OR COMPLETENESS OF THEIR CONTENT.
SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THAT OF OUR THIRD-PARTY CONTENT PROVIDERS WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. THIS DISCLAIMER OF WARRANTIES DOES NOT APPLY IN NEW JERSEY.
Use of this Website in no way constitutes a client/advisor relationship. All information we communicate to you, either through this Website or other forms of communications, are purely for informational purposes only. GrowthAdvisor will in no way have discretionary authority over any stock or stock options you hold.
We take all reasonable steps to ensure that the Content we provide on this Website is correct. However, we do not guarantee the correctness or completeness of such Content.
Due to the time-critical nature of valuing a company, we cannot guarantee that subscribers will experience the same or similar results as stated on this Website. No representation is being made that any account will or is likely to achieve profits or losses similar to those discussed on this Website. Past results are not necessarily indicative of future performance. Performance figures do not reflect the deduction of expenses or taxes that a user may be required to pay.
Due to the electronic nature of the Internet, this Website or email distribution services could fail at any given time. GrowthAdvisorHQ will not be responsible for unavailability of use of this Website, nor undelivered emails due to bandwidth problems, equipment failures, or acts of God. We do not warrant that the transmission of emails will be uninterrupted or error-free.
GrowthAdvisorHQ online Discussion Groups are designed to help users obtain financial information about specific companies from employees of the companies. GrowthAdvisorHQ does not guarantee the veracity, reliability or completeness of any information provided in the Discussion Groups or in any hyperlink appearing on this Website. Our intention is not to make “buy” or “sell” recommendations, or to tell you what to do with respect to securities that have been offered to you by your employer or a prospective employer. Instead, we are here to provide you with a conglomeration of data about employing companies in order to measure the value of a company over time.
You are responsible for your own investment decisions. GrowthAdvisorHQ will not be responsible for any errors or omissions in articles or postings, for hyperlinks embedded in messages, or for any results obtained from the use of such information. GrowthAdvisorHQ will not be liable for any loss or damage caused by a reader’s reliance on information obtained in our area, or in a hyperlinked area. If you do not accept this responsibility for yourself, then you should not use GrowthAdvisorHQ.
Outside of the United States
Our Services are directed at a U.S. audience. We cannot warrant that the Services are appropriate for users outside the United States or that use of the Services is permitted under the laws of other jurisdictions. All personal data is maintained in the United States under the terms of our https://growthadvisorhq.com/m/privacy, which is also incorporated by reference.
We may have business relationships with a user’s employer. These relationships will be separate and unrelated to the information we gather and provide to users about the company.
11. Dispute Resolution by Binding Arbitration and Class Action Waiver
If a dispute arises in connection with your use of this Website or any of the Services or in relation to any of these Terms (each a “Dispute”), our preference is that we can resolve the Dispute informally. Accordingly, in the event of a Dispute, we agree to first contact each other by email with a description of the Dispute and any proposed resolution. You will email at firstname.lastname@example.org with your concern and GrowthAdvisorHQ will contact you by email, using the email address we have on file for you.
If a Dispute cannot be resolved informally, we each agree that, except as provided below, the Dispute will be submitted to final and binding arbitration before a panel of three arbitrators of the American Arbitration Association (“AAA”) in a location convenient to you. Either party may commence the arbitration process by submitting a written demand for arbitration with the AAA, and providing a copy to the other party. The arbitration will be conducted in accordance with the provisions of the AAA’s Commercial Dispute Resolutions Procedures, Supplementary Procedures for Consumer-Related Disputes, in effect at the time of submission of the demand for arbitration. [We will pay all of the filing costs, including arbitrator fees.] Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. You expressly agree to refrain from bringing or joining any claims in any representative or class-wide capacity, including but not limited to bringing or joining any claims in any class action or any class-wide arbitration.
YOU UNDERSTAND THAT YOU ARE WAIVING YOUR RIGHT TO HAVE A JUDGE OR JURY DECIDE YOUR CASE AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION. YOU UNDERSTAND AND AGREE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY AND ONLY THROUGH ARBITRATION.
Notwithstanding the foregoing, the following will not be subject to arbitration and may be adjudicated only in the state and federal courts situated in King County, Washington: (i) any dispute, controversy, or claim related to or contesting the validity of our proprietary rights, including without limitation, trademarks, service marks, copyrights, patents, or trade secrets; or (ii) an action by a party for temporary, preliminary, or permanent injunctive relief, whether prohibitive or mandatory, or other provisional relief. You may also file an individual action in a small claims court in lieu of arbitration.
You will have thirty (30) days from the date you submit your personally identifiable information to opt out of this arbitration agreement. To opt out of arbitration, you must contact us at email@example.com. If such 30-day period has passed, you are not eligible to opt out of arbitration.
12. Other Terms
This agreement is and always will be governed by the laws of the United States of America and the State of Washington, without regard for conflict of law principles. [You agree that the proper forum for any claim or other legal proceeding arising under these Terms or in connection with the Website or any Services will be in the state or federal courts situated in King County, Washington, and the parties unconditionally waive their respective rights to a jury trial.] Any cause of action you may have with respect to your use of this Website and/or any Services must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of these Terms, or a portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of these Terms, and the remainder of these Terms shall continue in full force and effect. These Terms, along with any additional terms agreed to by you when subscribing to use a Service, constitutes the entire agreement between GrowthAdvisor and you with respect to this Website and the Services, and it supersedes all prior or contemporaneous written or oral communications, agreements and understandings between GrowthAdvisor and you with respect to the subject matter hereof. You acknowledge and agree that unless expressly included in any other agreement between GrowthAdvisor and you, the requirements of the E-Commerce Directive (00/31/EC) as implemented are excluded to the fullest extent permissible by law. A printed version of these Terms shall be admissible in judicial or administrative proceedings.
Except as otherwise expressly stated in these Terms, there are no third-party beneficiaries to this agreement.
If you have been harassed through this Website in any manner that you feel is a violation of our terms, it is your obligation to notify us of the offending targeted activities. Please contact firstname.lastname@example.org for that purpose.
© 2019 GrowthAdvisor HQ. All rights reserved.