Welcome to Growth Collective, a website located at www.growthcollective.com, which may include managed subdomains (collectively the “Site”) and operated by Growth Collective Solutions, Inc. (“Growth Collective”, “us”, “our”, and “we”). Growth Collective provides the Site and services provided through the Site (“Services”) including an online marketplace connecting businesses with freelance marketing experts (“Platform”).
These Terms of Service together with our Dispute Procedures, Non-Circumvention Policy, Standard Work Order Terms and Community Guidelines (collectively, the “Terms”) set forth the legally binding terms for your use of the Services. By accessing or using the Services, you are accepting these Terms and you represent and warrant that you have the right, authority, and capacity to enter into these Terms. If you do not agree with all of the provisions of these Terms, do not access and/or use the Services. You may not access or use the Services or accept the Terms if you are not at least 18 years old.
The Company respects the privacy of its users. Please refer to our Privacy Policy which explains how we collect, use, and disclose information that pertains to your privacy. When you access or use the Service, you signify your agreement to this Privacy Policy.
“The User,” “You” and “Your” refer to the person, company, or organization (including any employee of such company or organization) that has visited or is using the Site and/or the Service. A User may be a Client, Consultant, both or none, depending on the context of its use within these Terms.
“Consultant” refers to users of the Platform, whether an individual or business who offer to provide freelance marketing services to Clients (“Consulting Services”). Consultants are not the employees or agents of Growth Collective.
“Client” refers to users of the Platform, whether an individual or business who requests and/or purchases Consulting Services from a Consultant.
Account Creation. In order to use certain features of the Services, you must register for an account with us (“your Account”) and provide certain information about yourself as prompted by the registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information. You may delete your Account at any time, for any reason, by emailing support@growthcollective.com. We may suspend or terminate your Account in accordance with the Terms and Termination.
Account Responsibilities. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify us of any unauthorized use, or suspected unauthorized use, of your Account or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
Growth Collective is an online Platform that provides Clients access to a virtual community of Consultants for collaboration and communication between Consultants and Users seeking Consulting Services. Client posts a proposed project with specifications using a Work Order on the Platform. Through the Platform, Consultants can submit bids for the Work Order. The Client may accept the Consultants proposal, or the parties can come to agreeable terms, and form a legally binding agreement with one another. All Work Orders are governed by our Work Order Terms which can be found here: https://www.growthcollective.com/work-order-terms. Our Work Order Terms are provided as a way to make it simple for Clients and Consultants to work together and should not be construed as legal advice.
Growth Collective does not provide consulting services but merely provides Client access to Consultants and a convenient place to manage the relationship between Client and Consultant and enable online payment and delivery of Consulting Services.
Growth Collective is Not a Party to Contracts. The consulting relationship exists exclusively between Client and Consultant and the Client pays the Consultant for Consulting Services. Consultants are not the employees or agents of Growth Collective. Growth Collective is not involved in agreements between Users or in the representation of Users. At no point may Growth Collective be held liable for the actions or omissions of any Consultant performing Consulting Services for Clients or for Clients breach of any obligation to Consultants.
Growth Collective Does Not Guarantee Results. Growth Collective takes pride in our process to make high quality Consultants available to our Clients. While we make reasonable efforts to vet the Consultants that use our Platform, we cannot guarantee the fitness of any Consultants for a Client’s specific needs or guarantee the quality, accuracy, and timeliness of any Consulting Services provided to Clients. Growth Collective does not direct, has no control over delivery of any Consulting Services. Growth Collective does not sanction statements a Consultant may post on the Platform. We encourage Clients to research any Consultant before accepting professional advice.
All Fees Are Paid to Consultants. Growth Collective does neither provide nor charge for consulting related services. Growth Collective merely facilitates the collection of payment to Consultants. Growth Collective may charge a transaction fee for each order facilitated through the Platform in exchange for use of the Platform. Consultants will be notified of any changes in the transaction fee.
Reviews. From time to time, Clients may submit reviews of Consultants; these reviews do not constitute a guarantee, warranty, or prediction regarding the outcome of any future matter. Growth Collective will have no responsibility or liability of any kind for any User Content (defined below) or advice you encounter on or through the Platform, and any use or reliance on User Content or advice is solely at your own risk.
Payment Process. Payment will be processed for the Consulting Services in the schedule set forth in the Work Order and the Work Order Terms. Growth Collective will have the right to charge the Client's credit card, bank account, or PayPal account for the full amount of the agreed-upon fee, in addition to Growth Collective’s processing fee, if any. Any change to our pricing or payment terms shall become effective in the billing cycle following notice of such change to you as provided in these Terms. All payments are processed through Growth Collective’s Platform in order to secure the transaction and facilitate dispute resolution procedures.
Payment Information; Taxes. All information that Client provides in connection with a purchase or transaction or other monetary transaction interaction with the Services must be accurate, complete, and current. Client agrees to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Services at the prices in effect when such charges are incurred. Client will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions.
Responsibility for Payment. Client is responsible for all fees, including taxes, associated with your use of the Service. You are responsible for providing us with a valid means of payment. Client must keep current payment information on file with Growth Collective and Client’s account must be adequately funded to pay for any services rendered. By agreeing to these terms, Client is giving Growth Collective permission to charge your on-file credit card, PayPal account, or other approved methods of payment for fees that you authorize Growth Collective to satisfy.
Notification of Payment. Growth Collective will email Client a receipt when your card has been charged. If Client’s card cannot be charged, your access to the Services may be suspended and you will need to update your card information in order to resume use. Growth Collective may terminate a Client’s Account if Client fails to make any payments owed to a Consulting for Consulting Services performed on the Platform.
Chargebacks. Client acknowledges that Growth Collective has a dispute resolution process in the event you have a dispute concerning the services provided to you. If you have a dispute concerning any payment transaction, please contact our billing department. If, at any time, you contact your bank or credit card company to reject the charge of any payable Fees (“Chargeback”), this act will be considered a breach of your payment obligations, and we reserve the right to automatically terminate your use of the Services. We reserve the right to dispute any Chargeback and take all reasonable action to authorize the transaction. In the event of a Chargeback, your Account may be terminated and any files, data, or content contained in your Account may be subject to cancellation. We will not be liable for any loss of files, data or content as a result of a Chargeback. Without limiting other available remedies, Client must pay Growth Collective upon demand for amounts owed under this Agreement, plus interest on the outstanding amount at the lesser of one percent (1%) per month or the maximum interest allowed by applicable law, plus attorneys’ fees and other costs of collection to the extent permitted by applicable law.
Consultants are independent professionals who offer to perform Consulting Services for prospective Clients. They are not employees of Growth Collective.
Consultant Responsibilities. Consultants are solely responsible for ensuring that any information, solicitations, or advertisements they post or place on the Platform, including without limitation User Content, and any communications they may have with prospective clients through the Platform, fully comply with all applicable laws. Consultants must have the appropriate rights and licenses for all work created for a Client.
Payments to Consultants. Growth Collective facilitates the payment from Clients to Consultants through our third-party payment provider. As such, Growth Collective charges a transaction fee for each payment made through the Platform (“the transaction fee” or “fee”). Consultants are responsible for determining the price of any Consulting Services sold through the Platform and should factor the Growth Collective transaction fee into their pricing determinations. Consultants are responsible for keeping their Accounts and profiles up-to-date with your payment details. Consultant acknowledges and understands that it can take days or sometimes weeks from when a payment is collected on the Platform before dispersing to Consultant’s bank account. If a Client submits a Dispute Notice (as defined in our Dispute Procedures), Growth Collective may withhold disbursement of those funds until the dispute is resolved. If a Client fails to pay a weekly invoice, Consultant should cease all work for the Client until such payment is made. Growth Collective is not responsible to Consultant if Client fails to make payment for any Consulting Services performed by Consultant and Consultant agrees to hold Growth Collective harmless for a Client’s breach of their payment obligations.
Independent Contractor. Consultants are independent contractors and are responsible for keeping track of all income earned on the Platform, reporting their income to the IRS, and paying taxes appropriately. Taxes will not be withheld out of any payments made to Consultants and neither Clients nor Growth Collective are required to provide Consultants with a 1099 or other applicable tax-related documentation. Consultants will perform the Consulting Services as an independent contractor and nothing in these Terms will be deemed to create a partnership, joint venture, agency, or employer-employee relationship between Growth Collective and any Consultants or any Clients. Growth Collective has no liability to the Consultants or any Clients if a determination legal or otherwise is made by a federal, state or local agency or authority that any Client is a joint employer of the Consultants, or that the Consultants are employees of Growth Collective and/or of the Client.
Our Site may provide informational and educational content. All content on this Site is for informational and educational purposes only, is general in nature, and under no circumstance does the content on our Site undertake to give advice for your particular situation. The content on our Site is not meant to be relied upon by Site visitors in reliance on making any decisions. In the event that you use the information provided through our Site or Services, we assume no responsibility.
We may include a contact form on our Site that allows you to get in touch with us to inquire about our Services, provide feedback, or request collaborations. Our contact form may ask for your personal information such as your name, email address, phone number, and reason for your inquiry.
License to Use Site. We grant you a non-transferable, non-exclusive, right to access and use the Services for your personal use.
Certain Restrictions. The rights granted to you in these Terms are subject to the following restrictions: (a) you will not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Services; (b) you will not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Services; (c) you will not access the Services in order to build a similar or competitive service; and (d) except as expressly stated in these terms, no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Any future release, update, or other addition to functionality of the Services will be subject to these Terms. All copyright and other proprietary notices on any Services content must be retained on all copies.
Modification. We reserve the right, at any time, to modify, suspend, or discontinue the Services with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services, except and if otherwise expressly set forth in these Terms.
Ownership of the Services. Excluding your User Content (defined below), you acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Services, including the Platform, are owned by us or our licensors. The provision of the Services does not transfer to you or any third party any rights, title or interest in or to the intellectual property rights. We reserve all rights not granted in these Terms.
User Content. “User Content” means any and all information and content that a user submits to or posts on: (a) the Services and (b) on social networking sites where we have a page or presence. You will own your User Content, with the understanding that you agree that we may use and reproduce the User Content you make available on our social networking sites and on the Services. You are solely responsible for the User Content that you post, upload, link to or otherwise make available via the Service. We reserve the right to remove any User Content from the Service at our discretion.
The following rules pertain to User Content. By transmitting and submitting any User Content while using the Service, you agree as follows:
You understand and agree that any liability, loss or damage that occurs as a result of the use of any User Content that you make available or access through your use of the Service is solely your responsibility. We are not responsible for any public display or misuse of your User Content. We do not, and cannot, pre-screen or monitor all User Content. However, at our discretion, we, or technology we employ, may monitor and/or record your interactions with the Service.
License. You grant, and you represent and warrant that you have the right to grant, to us an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use your User Content, and to grant sub-licenses of the foregoing, solely for the purposes of including your User Content in the Site and Services. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.
Acceptable Use Policy. Your permission to use the Services is conditioned upon the following Use Restrictions and Conduct Restrictions: You agree that you will not under any circumstances:
Feedback. If you provide us any feedback or suggestions regarding the Services (“Feedback”), you assign to us all rights in the Feedback and agree that we will have the right to use the Feedback and related information in any manner we deem appropriate. We will treat any Feedback you provide to us as non-confidential and non-proprietary. You agree that you will not submit to us any information or ideas that you consider to be confidential or proprietary.
You agree to indemnify and hold us (and our officers, employees, and agents) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Services, (b) your User Content, (c) your violation of these Terms; or (d) your violation of applicable laws or regulations. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
As used in these Terms, “Confidential Information” means all confidential or proprietary information of a party (“Disclosing Party”) disclosed to the other party (“Receiving Party”), whether orally or in writing, that is either marked or designated as confidential or that a reasonable person would deem confidential or proprietary given the nature of the information and the circumstances under which it is disclosed. Confidential Information will include, but is not limited to, pricing and other terms reflected in agreements between the parties, and the Disclosing Party’s business and marketing plans, technology and technical information, product designs, business processes, and any other nonpublic or proprietary information of Disclosing Party. Confidential Information does not include any information that a Receiving Party can show (i) is or becomes generally known to the public without breach of any obligation owed to the Disclosing Party; (ii) was known to the Receiving Party prior to its disclosure by the Disclosing Party; (iii) was independently developed by the Receiving Party without breach of any obligation owed to the Disclosing Party; or (iv) is received from a third party without any duty or confidentiality obligation owed to the Disclosing Party. To the extent Confidential Information is shared, the Receiving Party will protect the secrecy of the Disclosing Party’s Confidential Information with the same degree of care as it uses to protect its own Confidential Information, but in no event with less than due care, and will: (a) not disclose or permit others to disclose Disclosing Party’s Confidential Information to anyone without first obtaining the express written consent of the Disclosing Party; (b) not use or permit the use of Disclosing Party’s Confidential Information, except as necessary for the performance of its obligations under these Terms; and (c) limit access to Disclosing Party’s Confidential Information to Receiving Party’s personnel who need to know such information for the performance of the Receiving Party’s obligations under these Terms.
Third Party Sites, and Third-Party Content. As part of the Service, we may provide you with convenient links to third party website(s) (“Third-Party Sites”) as well as content or items belonging to or originating from third parties such as applications, software, or content (collectively the “Third-Party Content”). Users may also include links to their website or other Third-Party Sites on their listings. These links are provided as a courtesy to Users. We have no control over Third-Party Sites and Third-Party Content or the promotions, materials, information, goods or services available on these Third-Party Sites or Third-Party Content. If you decide to leave the Site and access the Third-Party Sites or to use or install any Third-Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the site.
Release. You release and forever discharge us (and our officers, employees, agents, successors, and assigns) from, and waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injury, death, and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, any interactions with, or act or omission of, other Service users or Third Party Sites & Ads. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
THE SERVICES, INCLUDING THE SITE, ARE PROVIDED “AS-IS” AND “AS AVAILABLE” AND WE EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT THE SERVICES: (a) WILL MEET YOUR REQUIREMENTS; (b) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (c) WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE OR (d) THAT THE SERVICES WILL BE TO YOUR SATISFACTION.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SERVICES ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING THEREFROM.
IN NO EVENT WILL GROWTH COLLECTIVE’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE AMOUNTS YOU’VE PAID GROWTH COLLECTIVE IN THE PRIOR 12 MONTHS (IF ANY). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Subject to this Section, these Terms will remain in full force and effect while you use the Services. We may (a) suspend your rights to use the Site and/or Services (including your Account) or (b) terminate these Terms, at any time for any reason at our sole discretion, including for any use of the Services in violation of these Terms. Upon termination of these Terms, your Account and right to access and use the Services will terminate immediately. You understand that any termination of your Account involves deletion of your User Content from our live databases. We will not have any liability whatsoever to you for any termination of these Terms, including for termination of your Account or deletion of your User Content. Upon termination of these Terms, all of the provisions will terminate except those that by their nature should survive, including but not limited to any indemnification obligations, confidentiality provisions, including those set forth in the Work Order Terms, and adherence to Growth Collective’s Non-Circumvention Policy.
We respect the intellectual property of others and ask that users of our Site and Services do the same. In connection with our Site and Services and in accordance with the Digital Millennium Copyright Act’s (“DMCA”), we have adopted and implemented a policy respecting copyright laws that provide for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of our online Services who are repeat infringers of intellectual property rights, including copyrights. If you believe that one of our users is, through the use of our Services, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our designated Copyright Agent:
Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.
Our designated Copyright Agent is:
Growth Collective
Attn: Copyright Compliance Department
Address: 988 Ormewood Ave SE, Atlanta, GA 30316
Email: support@growthcollective.com
If you receive a notification from Growth Collective that material made available by you on or through the Site has been the subject of a Notification of Claimed Infringement, then you will have the right to provide Growth Collective with what is called a "Counter Notification." To be effective, a Counter Notification must be in writing, provided to Company's Designated Agent through one of the methods identified above, and include substantially the following information:
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND GROWTH COLLECTIVE HAVE AGAINST EACH OTHER ARE RESOLVED.
You and Growth Collective agree that any claim or dispute at law or equity that has arisen or may arise between us relating in any way to or arising out of this or previous versions of our these Terms, your use of or access to the Services, or any products or services sold or purchased through the Services, will be resolved in accordance with the provisions set forth in this Legal Disputes Section.
Choice of Law. These Terms are made under and will be governed by and construed in accordance with the laws of the State of Delaware, without giving effect to any principles that provide for the application of the law of another jurisdiction.
Claim Limitations. You agree that any cause of action arising out of or related to the Services must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
Attempt to Mediate. You and Growth Collective each agree that the parties will attempt in good faith to resolve any dispute arising out of or relating to these Terms promptly by negotiation between the parties by individuals designated by each party who have authority to settle the controversy. Any party may give the other party written notice of any dispute not resolved in the normal course of business. If the dispute has not been resolved by negotiation as provided in this section, then within thirty (30) days after delivery of the initial notice, either party may commence arbitration in accordance with these Terms.
Agreement to Arbitrate. You and Growth Collective each agree that any and all disputes or claims that have arisen or may arise between you and Growth Collective relating in any way to or arising out of this or previous versions of these Terms, your use of or access to Growth Collective 's Services, or any products or services sold, offered, or purchased through our Services will be resolved exclusively through final and binding arbitration, rather than in court. Alternatively, you may assert your claims in small claims court in Atlanta Georgia, if your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. The Federal Arbitration Act governs the interpretation and enforcement of this agreement to Arbitrate.
The arbitration will be conducted by American Arbitration Association (AAA) under its applicable rules and procedures, as modified by this agreement to Arbitrate at a venue located in Atlanta, Georgia. The arbitration will be conducted before one commercial arbitrator with substantial experience in resolving commercial contract disputes.
Your rights will be determined by a neutral arbitrator and not a judge or jury. You understand that arbitration procedures can be more limited than rules applicable in court. Arbitrator decisions are as enforceable as any court order and are subject to very limited review in court.
You and we must abide by the following rules: (a) ANY CLAIMS BROUGHT BY YOU OR US MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; (b) THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND MAY NOT AWARD CLASS-WIDE RELIEF, (c) the arbitrator will honor claims of privilege and privacy recognized at law; (d) the arbitration will be confidential, and neither you nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award; (e) the arbitrator may award any individual relief or individual remedies that are permitted by applicable law; and (f) each side pays its own attorneys’ fees and expenses unless there is a statutory provision that requires the prevailing party to be paid its fees and litigation expenses, and then in such instance, the fees and costs awarded will be determined by the applicable law.
With the exception of subparts (a) and (b) in the paragraph above (prohibiting arbitration on a class or collective basis), if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the AAA rules and procedures, then the balance of this arbitration provision will remain in effect and will be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, either subpart (a) or (b) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision will be null and void, and neither you nor we will be entitled to arbitration. If for any reason a claim proceeds in court rather than in arbitration, the dispute will be exclusively brought in state or federal court in Atlanta, Georgia.
Changes to Terms. These Terms are subject to occasional revision, and if we make any substantial changes, we may notify you by prominently posting notice of the changes on our Site. Any significant changes to these Terms will be effective 30 days after posting such notice. Continued use of our Site or Services following notice of such changes will indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
Copyright/Trademark Information. Copyright © 2020 Growth Collective Solutions, Inc. All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the Site are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.
Contact Information:
Growth Collective
Email: support@growthcollective.com
Last Updated: December 4th, 2020
