Terms of Service
Updated February 24, 2022
This website is operated by Growth Zone Media. Throughout the site, the terms “we”, “us” and “our” refer to Growth Zone Media. Growth Zone Media offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
This website, and all of its applications, products, and services available on or through the website, is an online service platform and service owned and operated by Growth Zone Media (“Site”) that offers digital products and services to retail and business-to-business clients.
The current owner of this Site is:
Growth Zone Media
(“Growth Zone Media,” “we,” or “us”)
Ashland, Ohio 44805
PLEASE READ THESE GENERAL TERMS OF SERVICES (“TERMS OF SERVICES”) CAREFULLY BEFORE USING, ACCESSING, OR VIEWING THIS SITE, ITS CONTENTS OR ANY SERVICES OR PRODUCTS OFFERED BY THIS SITE. THIS SITE AND THE SERVICES ON THIS SITE ARE SUBJECT TO THESE TERMS OF SERVICES.
By using, viewing, or accessing this site or any pages thereof or products or services offered by this site, or printing, downloading, or otherwise using, viewing, or accessing any service from or any content available on or through this site, or registering or becoming a member of this site, or if presented with a check box and statement that requests that you (“you” or “the client”) confirm you have read and understood these terms of services and you check the check box, you expressly signify your assent to, understanding of, and agreement to be legally bound by these terms of services. It is the equivalent of manually signing a paper copy and entering into a legally binding contract between you and Growth Zone Media. If you do not agree to all of these terms of services, please do not access, use or register with this site or any products or services offered by this site, or when presented with a check box and a statement that requests that you confirm you have read and understood these terms of services, do not check the check box.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, clients, merchants, and/ or contributors of content.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
SECTION 1 – NATURE OF THIS SITE
This Site offers a platform for people who would like to purchase texts, lyrics, materials, content, documents, or articles concerning certain topics, themes, matters or issues ordered by clients and to be written or produced by authors (“Texts”). Such clients (“clients”) may order Texts through this Site from authors who contract with Growth Zone Media to reflect the requirements of the client.
SECTION 2 – ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use this site. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 3 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
SECTION 4 – ERRORS, OMISSIONS, ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
While we have made every attempt to ensure that the information on this site was obtained from reliable sources, Growth Zone Media, is not responsible for any errors and omission, or for any of the results obtained from use of this information. All information on this site and in any text transmitted as part of the services provided by Growth Zone Media is provided “as is”, with no expressed or implied guarantee of completeness, accuracy, timeliness or the results obtained from the use of this information, and without warranty of any kind. This includes, but is not limited to warranties of performance, merchantability, or fitness for a particular purpose. In no event with Growth Zone Media, its related partnerships or corporations, or the partners, agents, or employees thereof be liable to you or anyone else for any decision made or action taken based on reliance on the information on this Site or from any text or published material produced by Growth Zone Media. Growth Zone Media will not be held responsible for any consequential, special, or similar damaged, even if advised of the possibility of such damage. You agree that you are using the information provided by Growth Zone Media on this Site, through text provided in fulfillment of service, or through any other published source, freely and voluntarily, and that you have done your own due diligence to ascertain the appropriateness and suitability for your intended purposes.
SECTION 5 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products and services are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 6 – UPDATES AND REVISIONS OF OUR TERMS OF SERVICES
This Site may revise and update its Terms of Services at any time without notice by posting such revised or updated Terms of Services on or at this Site. Any changes to these Terms of Services will become effective upon posting such revisions or updates. If you use, view, or access your account, you will be deemed to have understood and agreed to the updated and/or revisions of the Terms of Services.
You represent and warrant you will not order any texts or submit any orders that contain any information, data, content, audio or visual materials, text, video, or image, that (i) violate a third party’s rights, including without limitation, Proprietary Rights or privacy rights; (ii) are pornographic, obscene, indecent, slanderous, libelous, defamatory, fraudulent, untrue, inaccurate, misleading, hateful or unlawfully threatening, abusive. harassing, violent, sexually explicit, nude, or in any way degrading to human nature or harmful or indecent to minors; (iii) violate any laws statutes, codes, rules, ordinances or regulations of any jurisdiction or promote illegal activities; (iv) discriminate based on race, sex, religion, nationality, disability, sexual orientation, or age; (v) include any of Growth Zone Media’s trademarks, service marks, trade names or logos, without Growth Zone Media’s prior written consent; (vi) include or link to any program, file, data stream or other material that contain viruses, worms, trojan horses, date bombs, time bombs, corrupt files, or disabling code, or any other items of a destructive nature or programs designed to interrupt, destroy or limit the functionality of any computer or telecommunications software or hardware; (vii) contain any unsolicited advertising or promotional materials, spam, pyramid schemes, chain letters, or similar forms of unauthorized advertising or solicitation or conduct or forward surveys; and (viii) are homework or academic materials, papers, journals, or articles. Growth Zone Media reserves the right to drop or remove orders from an author or client’s account for any reason and without notice.
You expressly acknowledge and agree that the authors write the texts, and Growth Zone Media is not responsible for the Texts in any way, including any damages or breach, infringement, misappropriation, or violation of a third party’s rights (including without limitation, Proprietary Rights or rights of publicity or privacy or contract rights) arising from or related to the text. Growth Zone Media asks that its authors keep confidential all information provided to them on this Site by our clients, but you expressly acknowledge that Growth Zone Media assumes no liability for any breaches of confidentiality by authors.
SECTION 7 – PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the website or through other platforms, such as, but not limited to Etsy, Amazon, Ebay, Facebook, and other selling venues from time to time. These products or services may have limited quantities and are subject to return or exchange only according to our Refund Policy listed on the particular venue where the item is for sale.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 8 – REFUND AND REVISION POLICY
The Products and Services that Growth Zone Media offers are considered non-tangible, irrevocable goods. Once the order has been delivered and accepted, either by the client manually or by allowing a allotted review time allowed for the project to expire, we cannot offer a full refund.
With every project, the client has the opportunity to ask for two free revisions if your project does not meet client expectations. All revision requests must be made within the review time-frame stated in the original project quote. Revisions requested after this time cannot be guaranteed and will not be provided in many cases.
There is rarely a case where the project is not acceptable after two revisions. However, there are exceptions. For this reason, Growth Zone Media offers future revisions at ½ the cost of the original order. If, after a review, Growth Zone Media determines that the reason for the revision was our fault, this fee can be waived at our discretion, depending on the extent of the error.
We will provide refunds under certain circumstances:
1. The product was not delivered.
2. The download link did not work, and the error was on our end.
3. Major defects that include: author failed to follow original order instructions as provided by you and the problem was unresolved after two revisions, excessive major grammatical errors according to AP Stylebook and Drake’s English, product not as described.
4. Content is not found to be completely original using Copyscape software. Copyscape is considered the industry standard, and the results of no other software will be accepted for these purposes.
In all of these cases, the request for revision or refund must be made within the review time-frame. Growth Zone Media also reserves the right to correct these errors within 72 hours after the request is made by you. In all of these cases, clear evidence must be provided proving that the purchased product is not as it is described in the quote, or that these conditions exist.
Growth Zone Media does not bear any responsibility, and therefore, we do not satisfy any refund/return/exchange requests based on incompatibility of our products with some third-party software, including plug-ins, add-ons, modules, search engines, scripts, and extensions, etc., Growth Zone Media does not guarantee that our products are fully compatible with any third-party programs and does not provide support for third-party applications.
Growth Zone Media will not issue refunds based on incompatibility with word processing software. Growth Zone Media delivers all of its digital products as Microsoft Word .docx format. We do not accept or bear responsibility for any of the costs associated with translating documents into a format that is compatible with the client’s system, and the client is solely responsible for rendering the delivered product into the appropriate format.
We do not issue refunds or allow revisions in the following cases:
1. Client changed order 12 hours after the order was placed.
2. Errors and Omissions in the order instructions provided by the client.
3. Failure to provide complete information in the order instructions.
4. Failure to respond to our requests for clarification or further information within 24 hours after the request was made.
5. New information or changes to the scope are different from or the original order request.
We request that you include all instructions, preferences, and reference material in the order form when the client places a request. If the client wants to add or change it later on, the request will be subject to additional fees after the 12-hour change period has expired after placing the order. The fee for revisions that change the scope of an order will be between 20% to 80% of the original order price.
Growth Zone Media uses the following factors when assessing fees for revisions that change the scope of an order:
- Effort required by the writer to make the adjustments
- Effort required to review the new drafts
- Impact on word count
If the client submits a revision request that changes the scope of your request, Growth Zone Media will be in touch with you via email to discuss and confirm any additional fees prior to charging said fees and beginning work making the changes.
Reopening Closed Jobs
Once your Review Deadline has passed on a given job, that piece will be marked “Complete” and the order will be closed and cannot be reopened. The client can place a new order that reflects additions or changes to the old job. We do not keep copies of old jobs for an predetermined length of time, so the client will have to provide us with a copy of the original order.
Any refund or revision requests will be reviewed on a case-by-case basis to see if they qualify. We reserve the sole rights regarding whether a refund or revision is granted or denied. Please note that if your order is refunded, either in full or in part, you do not retain the copyright on the work submitted to you and you agree not to use it for any official or unofficial purpose.
SECTION 9 – GRANT OF RIGHTS TO THE CLIENT FOR ORIGINAL CONTENT
Subject to payment in full of the fees to develop the texts ordered by the client, Growth Zone Media hereby grants to the client a worldwide, sole and exclusive, license and right to publish, perform, display, reproduce, distribute, modify, create derivative works and sell the delivered and approved text ordered by the client in any type of media, including, but not limited to, print and/or online media, in whole or in part, via all electronic, online, or any other media, now known and hereafter developed, throughout the world. Until a text that the client ordered is (a) approved by the client or deemed approved; and (b) paid by the client in full, the client has no rights whatsoever in the text Ordered by the client. Growth Zone Media reserves the right to enforce all violations of these Terms of Services by client against client.
SECTION 10 – COPYRIGHT PROTECTION
Other than the Texts you Order and accept from this Site, as between you and Growth Zone Media, you acknowledge and agree that this Site, all works, unaccepted Texts, Services, and Content included, contained or offered on or through this Site, in particular all literary works, pictorial and graphical works, text, graphics, logos, media, animation, photographs, images, video and audio clips, audiovisual works, music, button icons and other icons, streaming files and other data, animation or graphics, or any form of software files in object code or source code format and other information and materials are the property of Growth Zone Media or its content suppliers and are protected by national and international copyright laws.
The aforementioned copyright protection also refers to compilations or all forms of alteration of all Content on this Site. We reserve the right to report and prosecute offenders of our copyrights to the fullest extent possible under applicable law. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the Site, Service and Content are strictly prohibited.
SECTION 11 – TRADEMARK PROTECTION
All logos, slogans, trade names and trade dress and other trademarks and service marks used on this Site and any of Growth Zone Media’s other websites or brands. (“Marks”) are proprietary to Growth Zone Media or its licensors protected by national and international trademark and service mark laws. These Marks may not be used except with express written permission from the owner of these Marks. Without limiting the foregoing, “Growth Zone Media” is the registered trademark of Growth Zone Media. Unauthorized use of any trademark of Growth Zone Media may be a violation of federal or state trademark laws. Any third party names or trademarks referenced in the Site do not constitute or imply affiliation with, endorsement of, or recommendation by Growth Zone Media. You are not allowed to do anything that may cause confusion among consumers with respect to the aforementioned trademarks and service marks.
SECTION 12 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same client account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Refunds and Revisions Policy.
SECTION 13 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 14 – PERSONAL INFORMATION
SECTION 15 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
Other than the Texts you Order and accept from this Site, you agree that you will not remove, obscure, or modify any acknowledgements, credits or legal, intellectual property or proprietary notices, or marks, or logos contained on the Site, and the Content and Services. You agree not to collect or harvest any personally identifiable information from the Site or Services or the authors or other users, nor to use the communication systems provided by the Site or Services (e.g., comments) for any commercial solicitation purposes. You agree not to solicit for commercial purposes any users of the Site or the Services. In your use of the Site, Services or Content, you will comply with all applicable laws, regulations, rules, decrees, and ordinances.
You agree that the following actions are prohibited and constitute a material breach of these Terms of Services. This list is not meant to be exhaustive, and Growth Zone Media reserves the right to determine what types of conduct it considers to be inappropriate use of the Site. In the case of inappropriate use, Growth Zone Media or its designee may take such measures as it determines in its sole discretion. By way of example, and not as a limitation, you agree that when using the Site, Content or Services on the Site, you will not:
- Use the Site, Content or Services for any purpose or to take any actions in violation of local, state, national, or international laws, regulations, codes, or rules.
- Violate any code of conduct or other guidelines or terms that may be applicable for any particular Communication Service
- Take any action that imposes an unreasonable or disproportionately large load on the Site’s infrastructure or otherwise in a manner that may adversely affect performance of the Site or restrict or inhibit any other user from using and enjoying the Site.
- Aggregate, copy, duplicate, publish, or make available any of the accepted Texts, Content or Services or any other materials or information available from the Site to third parties outside the Site in any manner or any other materials or information available from the Site, except as permitted herein.
SECTION 16 – LINKS AND THIRD-PARTY ADVERTISING
SECTION 17 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Growth Zone Media, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
This site and the service of this site and all content and materials contained therein are provided on an ‘as is, as available’ basis without warranty of any kind, either express or implied, including but not limited to, any implied warranties of fitness for a particular purpose, merchantability, quality, suitability, truth, accuracy or completeness, title, non-infringement, misappropriation, or violation of a third party’s rights, or freedom from computer virus or disabling or harmful code, other than those that are implied by and incapable of exclusion, restriction or modification under applicable law in your jurisdiction. You expressly agree that use of this site or any of the materials contained therein is at your discretion and at your own and sole risk. No oral or written information or advice given by this site or the employees or affiliates of this site shall create or imply a warranty or in any way increase the scope of liability of Growth Zone Media.
Growth Zone Media makes no representations or warranties whatsoever about any other website that you may access through this site. When you access this site through another website, please be aware that it is completely independent; Growth Zone Media has no control over the content on that other website. Growth Zone Media is not responsible to you for any transmission, downtime, access, or availability problems of this site or the content. Growth Zone Media does not warrant that this site or its services or content and your use of the foregoing will be uninterrupted, timely, secure, or error-free or that defects therein or thereto will be corrected. You also acknowledge and agree that you will be solely responsible for any damage to your computer system or loss of data that results from the download or use of material or data that you may find in or on this site. You expressly agree that you are solely and exclusively responsible for the back-up of your data and information and texts and in no way will Growth Zone Media be liable for any loss, destruction, or corruption of your data or information or texts.
To the fullest extent permitted by law, Growth Zone Media excludes all warranties, conditions, terms or representations about the accuracy or completeness of this site’s content or the content of any websites linked to this site and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage of any nature whatsoever resulting from your access to and use of our services, (iii) any unauthorized access to or use of our secure servers and/or any and all personal, confidential and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from our services or site, (iv) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our site or services by any third party, and/or (v) any errors or omissions in any text or content or for any loss or damage of any kind incurred as a result of any text or content or the use of any text or content posted, emailed, transmitted, or otherwise made available via the services or site. Growth Zone Media does not warrant, endorse, guarantee, or assume responsibility for any product, applications, or service advertised or offered by a third party through the services or site or any hyperlinked services or featured in any banner or other advertising, and Growth Zone Media will not be a party to or in any way be responsible for monitoring any transaction or communication between you and authors and any other users or third-party providers of products, applications, or services.
Without limiting the foregoing, you are responsible for taking all necessary precautions to insure that any Content, Services, or access to the Site is free of viruses, disabling, or other harmful code.
1. In no event will Growth Zone Media or its members, managers, officers, employees, agents, representatives, affiliates, and the successors and assigns of same (“representatives”) be liable to you, or any other third party for:
2. Any direct, indirect, incidental, special, punitive, exemplary, or consequential losses, expenses, damages, including, without limitation, damages for loss of profits or goodwill, business interruption, loss of programs, data, or information, software, and the like, arising out of the use or performance of, or inability to use this site, the texts, content, materials or any information, services or transactions provided or offered on or through this site or downloaded from this site or your acts or omissions, whether such liability is asserted on the basis of contract, tort, (including without limitation negligence), strict liability or otherwise or any other theory, even if Growth Zone Media or its representatives have been advised of the possibility of such damages. These limitations shall apply notwithstanding any failure of essential purpose or the existence of any limited remedy; and
Any claim attributable to errors, omissions, or other inaccuracies in or on this site, text, content, the materials, services, software and/or listings or information downloaded, provided, or offered through this site.
In no event shall Growth Zone Media and its representatives’ maximum total aggregate liability for direct damages arising out of or related to these terms of service, the site, or text, content, materials, services, or products provided on or through the site exceed the total amount of commissions actually received by Growth Zone Media for the services that Growth Zone Media provided to you, if any, during the six (6) month period immediately preceding the occurrence of the event that gave rise to such liability.
Because some states or countries do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. In such states, Growth Zone Media’s liability is limited to the greatest extent permitted by law.
3. Growth Zone Media or its members, managers, officers, employees, agents affiliates, and the assigns of same are in no way responsible for any of the texts sent through this site. This site is in no way responsible for any consequence(s) if any of the texts are rejected or denied according to this site’s standards or discretions or if the texts are not published later.
4. Growth Zone Media or its members, managers, officers, employees, agents affiliates, and the assigns of same are in no way responsible for third-party services offered on or used by Growth Zone Media. The respective third party is solely responsible for its own services e.g. a third party payment provider. We do not warrant or represent any of its services in any way or form.
5. You specifically acknowledge that Growth Zone Media shall not be liable for the content or text in any way or the defamatory, indecent, offensive, obscene, indecent, sexually explicit, pornographic, nude, or illegal materials, data, or information contained in the content or text submitted by you or any third party and that the risk of harm or damage from the foregoing rests entirely with you.
SECTION 18 – INDEMNIFICATION
You agree to defend, indemnify, and hold harmless Growth Zone Media, its officers, directors, shareholders, representatives, employees, affiliates, licensees, partners, independent contractors, telecommunication providers, and agents, and others acting in concert with it, from and against any and all claims, losses, liabilities, damages, obligations, demands, debts, and expenses and other costs, including, without limitation, reasonable legal, attorneys’ and accounting fees, arising out of or otherwise related to these Terms Of Services, including, without limitation, (a) any breach or violation by you of these Terms Of Services and any other terms set forth on the Site, including without limitation, the representations and warranties herein; (b) any breach or violation by you of any applicable laws, statute, codes, rules, ordinance or regulation of any jurisdiction; (c) your Orders, Texts, or your non-payment for delivered and accepted Texts; (d) any claim that your Orders or Texts or the content therein or your conduct caused damage to a third party or Growth Zone Media, including without limitation, breach, infringement, misappropriation, or violation of a third party’s rights or the rights of Growth Zone Media, including without limitation, Proprietary Rights or rights of publicity or privacy or contract rights or that the Texts contain any libelous, defamatory, obscene, indecent, or sexually explicit materials; or (e) your use of the Site, Content, Texts, or Services or your acts or omissions with respect thereto. Growth Zone Media will notify you by e-mail of any such claim or suit, and cooperate, at your expense, in the defense of such claim or suit. Growth Zone Media may participate in the defense of such claim or defense at its own expense, and choose its own attorney or other legal counsel, but is not forced or obligated to do so.
SECTION 19 – FORCE MAJEURE
Growth Zone Media is and shall not be responsible or liable for any failure to perform due to unforeseen circumstances or to causes beyond Growth Zone Media’s reasonable control, including but not limited to:
- Acts of God, such as fire, flood, earthquakes, hurricanes, accidents, tropical storms or other natural disasters;
- War, riot, arson, embargoes, acts of civil or military authority, or terrorism;
- Fiber cuts or any other interruption to internet service;
- Strikes, or shortages in transportation, facilities, fuel, energy, labor or materials;
- Failure of the telecommunications or information services infrastructure or utilities;
- Governmental act, failure of or interruption in common carriers; and
- Hacking, SPAM, or any failure of a computer, server or software.
SECTION 20 – NO AGENCY RELATIONSHIP
Nothing in these Terms of Services shall be deemed to constitute, create, imply, give effect to, or otherwise recognize an agency, partnership, employment, joint venture or formal business entity of any kind between the author and the owner of this Site. The rights and obligations of the parties shall be limited to those expressly set forth herein. There are no third party beneficiaries under these Terms of Service, including without limitation, the authors. Growth Zone Media is an independent contractor.
SECTION 21 – NOTICES
SECTION 22 – EXCLUSION OF CERTAIN INTERNATIONAL PROVISIONS
Growth Zone Media and you agree that the United Nations Convention on Contracts for the International Sale of Goods is specifically excluded from application to these Terms of Services.
SECTION 23 – RIGHTS TO INJUNCTIVE RELIEF
Growth Zone Media and you acknowledge and agree that remedies at law may be inadequate to provide an aggrieved party with full compensation in the event of the other party’s breach of these Terms of Services, and that an aggrieved party shall therefore be entitled to seek injunctive relief in the event of any such breach, in addition to seeking all other remedies available at law or in equity.
SECTION 24 – ATTORNEY’S FEES
In the event any party (you or Growth Zone Media) shall commence any claims, actions, formal legal action, or arbitration to interpret and/or enforce these Terms of Services or issues relating thereto, including without limitation claimed breaches of representations and warranties, the prevailing party in any such action or proceeding shall be entitled to recover, in addition to all other available damages or other relief, its reasonable attorney’s fees and costs incurred in connection therewith, including attorney’s fees incurred on appeal.
SECTION 25 – ASSIGNMENT
These Terms of Services will be binding upon the permitted successors and assigns of the client, and any successor or assignee of Growth Zone Media. Any such successor or assignee of Growth Zone Media will be deemed substituted for Growth Zone Media under the terms of this Terms of Services for all purposes. For this purpose, “successor” means any person, firm, corporation, or other business entity that at any time, whether by purchase, merger, or otherwise, directly or indirectly acquires all or substantially all of the assets or business of Growth Zone Media. None of the rights of the client may be assigned or transferred without the express prior written agreement of Growth Zone Media, which agreement shall not be unreasonably withheld. Any attempted assignment, transfer, conveyance, or other disposition of the client’s rights or obligations in contravention of this paragraph will be null and void and of no effect.
SECTION 26 – SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 27 – NO WAIVER
Failure by either party to enforce any provision of these Terms of Services will not be deemed a waiver of future enforcement of that or any other provision, unless made in writing and signed by the party to whom the waiver is to be enforced against. No waiver of one breach shall constitute a waiver of subsequent breaches of the same or of a different nature.
SECTION 28 – HEADINGS
Section and subsection headings of these Terms of Services are inserted for convenience only and shall not be deemed to constitute a part hereof nor to affect the meaning thereof.
SECTION 29 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 30 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 31 – GOVERNING LAW
These Terms of Services shall be governed by, and will be construed under, the laws of the State of Ohio, U.S.A., without regard to choice of law principles. You irrevocably agree that any and all disputes that may arise out of, under, or in connection with these Terms of Services shall be adjudicated exclusively in the federal and state courts located in New York County, New York, and you hereby irrevocably consent to jurisdiction in those courts for such purposes. You further agree to waive any objection to venue in such courts and any objection to such courts based on the ground of inconvenient forum. You consent to Growth Zone Media serving process by email with a copy by U.S. mail to your registered address, which shall constitute valid service. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE WITH RESPECT TO THESE TERMS, THE SITE OR THE CONTENT OR SERVICES MUST BE COMMENCED WITHIN SIX (6) MONTHS AFTER THE CLAIM OR CAUSE OF ACTION ARISES OR SUCH CLAIM OR CAUSE OF ACTION SHALL BE BARRED.
This Site is controlled within the United States of America and directed to individuals residing in the United States. Those who choose to access the Site from locations outside of the United States do so on their own initiative and are responsible for compliance with local laws if and to the extent local laws are applicable. Growth Zone Media does not represent that the Site, Content, or Services are appropriate outside the United States of America. Growth Zone Media reserves the right to limit the availability of the Site to any person, geographic area or jurisdiction at any time in its sole discretion. The Software (if any) is further subject to United States export controls. No Software may be downloaded or otherwise exported or re-exported (a) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country to which the U.S. has embargoed goods; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. If you download or use any Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
SECTION 32 – NOTICE AND PROCEDURES FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
Growth Zone Media may, in appropriate circumstances and at its sole discretion, disable and/or terminate use of the Site, Content, or Services by users who infringe the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Growth Zone Media’s Copyright Agent a Notice containing the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- A description of the copyrighted work or other intellectual property that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the Website (providing URL(s) in the body of an email is the best way to help Growth Zone Media locate content quickly);
- Your name, address, telephone number, and email address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
If you believe in good faith that a notice of copyright infringement has been wrongly filed by Growth Zone Media against you, the DMCA permits you to send Growth Zone Media a counter-notice.
Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.copyright.gov/ for details. Notices of claims of copyright or other intellectual property infringement and counter-notices should be sent to.
4801 State Route 545
Ashland, Ohio 44805
Email: [email protected]
Make sure you know whether the Content that you have seen on Growth Zone Media infringes your copyright. If you are not certain what your rights are, or whether your copyright has been infringed, you should check with a legal adviser first. Be aware that there may be adverse legal consequences in your country if you make a false or bad faith allegation of copyright infringement by using this process.
Please also note that the information provided in this legal notice may be forwarded to the person who provided the allegedly infringing Content.
SECTION 34 – ABILITY TO ACCEPT TERMS OF SERVICES
You represent and warrant that you are either at least 18 years of age (or for jurisdictions in which 18 years old is not the age of majority to legally enter into binding contracts, at least such age of majority for your jurisdiction), or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. You acknowledge that we have given you a reasonable opportunity to review these Terms of Services and that you have agreed to.
SECTION 35 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at: [email protected]