GROWTH NATIVES – T&Cs

Your use of Growth Natives’ services, including the services Growth Natives makes available through this website, including this website (the “Site” or the “Growth Natives Site”) and any content (“Growth Natives Content”) made available through this website (collectively the “Services”) is governed by these Terms and Conditions (the “Terms”). Please read these terms carefully before using the Services.

You acknowledge and agree that by accessing or using the Growth Natives site or services, or posting or accessing any content on the site or through the services, you are indicating that you have read, understand and agree to be bound by these terms. If you do not agree to these terms, then you have no right to access or use the site, services or growth natives content.

If you are using the Services on behalf of an organization, you are agreeing to these Terms for that organization and promising that you have the authority to bind that organization to these terms. In that case, “you” and “your” will refer to that organization.

User-Generated Content

By making available any user-generated content (“User Content”) through the Site and Services, you hereby grant to Growth Natives a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify, distribute, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit such User Content only on, through or by means of the Site and the Services. Growth Natives does not claim any ownership rights in any such User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such User Content.

You acknowledge and agree that you are solely responsible for all User Content that you make available through the Site or Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all User Content that you make available through the Site or Services or you have all rights, licenses, consents and releases that are necessary to grant to Growth Natives the rights in such User Content, as contemplated under these Terms; and (ii) neither the User Content nor your accessing, posting, submission or transmittal of the User Content or Growth Natives’ use of the User Content (or any portion thereof) on, through or by means of the Site and the Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

Growth Natives reserves the right (but shall have no obligation) to remove any or all User Content from the Services in its sole discretion. You agree to immediately take down any User Content that violates the Terms, including pursuant to a takedown request from Growth Natives. In the event that you elect not to comply with a request from Growth Natives to take down certain User Content, Growth Natives reserves the right to directly take down such User Content.

Restrictions on Use

You agree not to do any of the following while using the Site, Services or Growth Natives Content:

• Access, post, submit or transmit any text, graphics, images, software, music, audio, video, information or other material 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, vulgar or offensive; (v) constitutes child pornography or child erotica; (vi) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vii) is violent or threatening or promotes violence or actions that are threatening to any other person; or (viii) promotes illegal or harmful activities or substances (including, but not limited to activities that promote or provide instructional information regarding the manufacture or purchase of illegal weapons or illegal substances).

• Use, display, mirror, frame or utilize framing techniques to enclose the Site or Services, or any individual element or materials within the Site or Services, Growth Natives’ name, any Growth Natives trademark, logo or other proprietary information, the content of any text or the layout and design of any page or form contained on a page, without Growth Natives’ express written consent;

• Attempt to probe, scan, or test the vulnerability of any Growth Natives system or network or breach any security or authentication measures;

• Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Growth Natives or any of Growth Natives’ providers or any other third party (including another user) to protect the Site, Services or Growth Natives Content;

• Attempt to access or search the Site, Services or Growth Natives Content or download Growth Natives Content from the Site or 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 Growth Natives or other generally available third party web browsers (such as Microsoft Internet Explorer, Mozilla Firefox, Safari or Opera);

• Use any meta tags or other hidden text or metadata utilizing an Growth Natives trademark, logo URL or product name without Growth Natives’s express written consent;

• Use the Site, Services or Growth Natives Content for the purpose of bringing an intellectual property infringement claim against Growth Natives or for the purpose of creating a product or service competitive with the Services.

• 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 Site, Services or Growth Natives Content to send altered, deceptive or false source- identifying information;

• Collect or store any personally identifiable information from the Site or Services from other users of the Site or 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.

Growth Natives will have the right to investigate and prosecute violations of any of the above, including intellectual property rights infringement and Site and Services security issues, to the fullest extent of the law. Growth Natives may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that Growth Natives has no obligation to monitor your access to or use of the Site, Services or Growth Natives Content or to review or edit any User Content, but has the right to do so for the purpose of operating the Site and Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Growth Natives reserves the right, at any time and without prior notice, to remove or disable access to any Growth Natives Content and any User Content, that Growth Natives, in its sole discretion, considers to be in violation of these Terms or otherwise harmful to the Site or Services.

Confidentiality

“Confidential Information” means any information disclosed by either party to the other party, either directly or indirectly, in writing, orally, or by inspection of tangible objects (i) that the disclosing party identifies as confidential or proprietary; or (ii) that reasonably appears to be confidential or proprietary because of legends or other markings, the circumstances of disclosure, or the nature of the information itself (for avoidance of doubt, neither party shall be required to identify information as confidential in order to avail itself of the protections set forth herein). The parties acknowledge that these Terms and any Customer Agreement, order form, statement of work or other agreement between the parties referencing and/or incorporating these Terms, and any other proprietary or confidential information provided to the other party constitute valuable proprietary information and trade secrets of Growth Natives and you, respectively. Each party agrees to preserve the confidential nature of the other party’s Confidential Information by retaining and using the Confidential Information in trust and confidence, solely for its use as permitted and in connection with these Terms, and by using the same degree of protection that such party uses to protect similar proprietary and confidential information, but in no event less than reasonable care. Each party will have the right to seek an injunction to prevent any breach or continued breach of this section. The receiving party agrees to promptly report any breach(es) of this section to the disclosing party. Notwithstanding the foregoing, Confidential Information does not include any information which (i) is now, or becomes, through no act or failure to act on the part of the receiving party, generally known or available to the public without breach of these Terms by the receiving party; (ii) was independently developed, or otherwise acquired, by the receiving party without restriction as to use or disclosure before receiving such information from the disclosing party, as shown by the receiving party’s files and records immediately prior to the time of disclosure; or (iii) is obtained by the receiving party without restriction as to use or disclosure by a third party authorized to make such disclosure.

Content Rights & Ownership

The Site, Services and Growth Natives Content are protected by copyright, trademark, and other laws of the United States and foreign countries. Except as expressly provided in these Terms, Growth Natives and its licensors exclusively own all right, title and interest in and to the Site, Services and Growth Natives Content, including all associated intellectual property rights. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Services or Growth Natives Content. Growth Natives claims no ownership interest in any Third Party Materials and expressly disclaims any liability concerning those materials.

Trademark

All trademarks, service marks, logos, trade names and any other proprietary designations of Growth Natives used herein are trademarks or registered trademarks of Growth Natives. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.

Copyright Policy 

Growth Natives respects the intellectual property rights of others and expects its users to do the same.

It is Growth Natives’ policy, in appropriate circumstances and at its discretion, to remove content from its website (the “Site”) without prior notice and to disable and/or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights, or other proprietary rights (including the right of publicity), of others.

In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, Growth Natives will respond expeditiously to claims of copyright infringement committed using the Site that are reported to Growth Natives’ Designated Copyright Agent, identified in the sample notice below.

If you are a copyright owner, or are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Site by completing the following DMCA Notice of Alleged Infringement and delivering it to Growth Natives Designated Copyright Agent. Upon receipt of the Notice as described below, Growth Natives will take whatever action, in its sole discretion, it deems appropriate, including taking down the challenged material from the Site.

Formal infringement claims or notices regarding content on the Site must include the following:

DMCA Notice of Alleged Infringement (“Notice”)

1. Identification of the copyrighted work that you claim has been infringed, or, if multiple copyrighted works are covered by this Notice, you may provide a representative list of the copyrighted works that you claim have been infringed.

2. Identification of the material that you claim is infringing (or to be the subject of infringing activity) and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material, including at a minimum, if applicable, the URL of the link shown on the Site(s) where such material may be found.

3. Your mailing address, telephone number, and, if available, email address.

4. Inclusion of both of the following statements in the body of the Notice:

“I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”

“I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”

5. Your (or your authorized agent’s) full legal name and electronic or physical signature.

Deliver this Notice, with all items completed, to Growth Natives’ Designated Copyright Agent:

Legalc/o Growth Natives8425 NE 22nd PlaceClyde Hill, WA-98004USAEmail: info@growthnatives.comPhone: +1 425 389 6118

If you believe that your likeness has been used in a way that violates your personality rights, please also report this to our Designated Copyright Agent at the address, email address, and/or phone number provided above.

Changes to Terms

Growth Natives reserves the right, in its sole discretion, to modify, discontinue or terminate the Site or Services or to modify these Terms, at any time. Changes to the Services may include the modification or discontinuation of any “review aggregation” services currently offered as part of the Services. If we modify these Terms, we will post the modification on the Site or otherwise provide you with notice of the modification. By continuing to access or use the Site or Services after we have posted a modification to these Terms or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site and Services. These Terms may only be modified in writing as set forth in this paragraph and may not be modified orally. Please visit this page regularly to review these Terms for any changes.