The following are the terms and conditions (“Terms”) for use of GrowTap consulting services.
By engaging with GrowTap, YOU (the terms “you” or “yours” includes the person or entity that is registered with the Service as well as any third parties accessing the Service on your behalf) ARE STATING THAT YOU AGREE TO BE BOUND BY ALL OF THESE TERMS AND CONDITIONS OF THE SERVICE (“Agreement”). The Service is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein.
To engage with GrowTap you acknowledge that user testing may be done on your site and data collection tools to analyze user behavior may be installed. If you have access to the raw data from these tools and login credentials, you agree to protect your password and take full responsibility for your own and third party activities that occur under your account. You agree to notify GrowTap immediately of any unauthorized use of your accounts or any other breach of security.
GrowTap will find it necessary to access the tools collecting data from your website. For instance, GrowTap may access your account for to analyze data and provide recommendations, for support, maintenance or security-related reasons. You acknowledge and consent to such access.
All fees are non-refundable due to the service based nature of GrowTap’s work. All additional fees, documents, recommendations and reports are confidential.
For those on a monthly retainer package, cancellation must be made at least 30 days prior to your monthly renewal date and can be completed by sending an email to email@example.com.
II. Representations and Warranties; Disclaimers
You represent and warrant to GrowTap that you own all right, title and interest in and to the URLs of your website, and you own or have rights to publish all of the content published on or through your website, and own or have rights to publish any content provided to GrowTap and will hold harmless, protect, and defend GrowTap and its subcontractors from any liability or suit arising from the use of provided elements.
The information, reports and services included in or available through the Service may include inaccuracies or typographical errors. Changes are periodically added to the information herein. GrowTap and/or its respective suppliers may make improvements and/or changes in the Service at any time, without obligation to notify any person or entity of such changes.
GrowTap does not represent or warrant that the Service has any control over the policies of search engines with respect to the type of sites and/or content that they accept now or in the future. Your website may be excluded from any directory or search engine at any time at the sole discretion of the search engine or directory.
GrowTap does not represent or warrant that (i) the Service and will be error-free or accessible at all times, (ii) defects will be corrected, (iii) the Service or the server that makes it available, are free of viruses or other harmful component, or (iv) the use or the results of the use of the Service or the materials made available as part of the Service will be correct, accurate, timely, or otherwise reliable. You specifically agree that GrowTap shall not be responsible for unauthorized access to or alteration of your billing information and data.
GrowTap is not responsible for changes made to your website by you or other parties that may adversely affect the search engine rankings of your website.
GrowTap is not responsible for the overwriting of work to your site by you, your employees or other contractors. Additional Services not specifically listed will be quoted and provided on a case by case basis with the full balance of all fees being paid in advance of work starting.
GrowTap owns rights to all designs and themes created for you and will not transfer from its servers or provide a means to transfer from its servers any customer designs or data.
THE SERVICE, AND REPORTS ARE [PROVIDED “AS IS” AND THERE ARE NO WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY GrowTap EITHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE SERVICE, THE DOCUMENTATION AND REPORTS, INCLUDING WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE, OR TRADE USAGE. GrowTap DOES NOT WARRANT THAT THE SERVICE, OR REPORTS WILL MEET YOUR NEEDS OR BE FREE FROM ERRORS, OR THAT THE OPERATION OF THE SERVICE WILL BE UNINTERRUPTED. THE FOREGOING EXCLUSIONS AND DISCLAIMERS ARE AN ESSENTIAL PART OF THIS AGREEMENT AND FORMED THE BASIS FOR DETERMINING THE PRICE CHARGED FOR THE SERVICE. SOME STATES DO NOT ALLOW EXCLUSION OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO YOU.
GrowTap does not guarantee, and shall have no liability for, any reduction in search engine rankings, the number of your website visitors or customers, any Service down time (i) caused by outages to any public Internet backbones, networks or servers, (ii) caused by any failures of your equipment, systems or local access services, (iii) for previously scheduled maintenance, or (iv) relating to events beyond GrowTap’s control such as strikes, riots, insurrection, fires, floods, explosions, war, governmental action, labor conditions, earthquakes, natural disasters, or interruptions in Internet services to an area where GrowTap or your servers are located or co-located.
GrowTap design services include initial website deployment including production of a design based on its themes. Customer may need to provide information or photos of their business or other photos so that GrowTap can complete design work. GrowTap is not liable and cannot be held responsible for any delays resulting from incomplete or inaccurate information provided by you. Custom design or development work is outside the scope of GrowTap services and may be quoted on an individual basis. GrowTap will not grant access to its customer data or any customer websites to third parties retained by you for custom work.
Some search directories offer expedited listing services for a fee. If you wish to engage in said expedited listing services (e.g., paid directories), you are responsible for all paid for inclusion or expedited service fees.
IV. Limitations of Liability
GrowTap WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR LOST DATA COLLECTED THROUGH THE SERVICE), OR INCIDENTAL DAMAGES, WHETHER BASED ON A CLAIM OR ACTION OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, INDEMNITY OR CONTRIBUTION, OR OTHERWISE, EVEN IF GrowTap HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION CONTAINED IN THIS PARAGRAPH SHALL APPLY REGARDLESS OF THE FAILURE OF THE EXCLUSIVE REMEDY PROVIDED IN THE FOLLOWING PARAGRAPH. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE LIMITATIONS OR EXCLUSIONS IN THIS AND THE FOREGOING PARAGRAPH MAY NOT APPLY TO YOU. GrowTap’s CUMULATIVE LIABILITY TO YOU OR ANY OTHER PARTY FOR ANY LOSS OR DAMAGES RESULTING FROM ANY CLAIMS, DEMANDS, OR ACTIONS ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL NOT EXCEED THE AGGREGATE FEES PAID TO GrowTap FOR USE OF THE SERVICE.
VI. Modifications to Terms of Service and Other Policies
GrowTap reserves the right to change or modify any of the terms and conditions contained in this Agreement or any policy governing the Service, at any time, by posting the new agreement to the GrowTap website located at http://www.GrowTap.com/terms (or such other URL as GrowTap may provide). You are responsible for regularly reviewing the policy. No amendment to or modification of this Agreement will be binding unless (i) in writing and signed by a duly authorized representative of GrowTap, (ii) you accept updated terms online, or (iii) you continue to use the Service after GrowTap has posted updates to the Agreement or to any policy governing the Service.