GrowthPOD End User Agreement & Terms

Acceptance of Terms of Service

These Terms of Service govern your use of all websites published by GrowthPOD and Leverage Enterprises, Inc. By using, visiting, or browsing the GrowthPOD websites including blogs, you accept and agree to be bound by these Terms of Service. If you do not agree to these Terms of Service, you should not use the GrowthPOD website.

Changes to Terms of Service

GrowthPOD reserves the right, from time to time, with or without notice to you, to change these Terms of Service in our sole discretion. The most current version of these Terms of Service is posted on the site, and can be reviewed by clicking on the "Terms of Service" link located at the bottom of most of the sites. The most current version of the Terms of Service will supersede all previous versions. Your use of the GrowthPOD website after changes are made means that you agree to be bound by such changes.

Privacy

Any information submitted on the GrowthPOD website is subject to our Privacy Policy, the terms of which are incorporated herein. We respect your privacy and will not rent or sell your personal information to other entities, or in any other way share it.

Membership and Billing

You can find the specific details regarding your billing program with GrowthPOD at any time by viewing the payment terms on the registration page you used to register. We reserve the right to terminate any account at any time for any reason.
As a customer of a GrowthPOD, you agree that we are permitted to charge or debit, as applicable, your fees and any applicable tax or other charges you may incur in connection with your use of the GrowthPOD service. As used in these Terms of Service, "billing" shall indicate either a charge or debit, as applicable, against your Payment Method. The fee will be billed according to the terms on your registration page (the page where you entered your account information). You shall be responsible for all charges incurred through your account as well as for paying any applicable taxes. We will automatically bill your Payment Method for each billing period on the calendar day corresponding to the commencement of your membership. If you want to use a different Payment Method or if there is a change in your credit card validity or expiration date, you may edit your Payment Method information by contacting us at support@growthpod.com
Your right to use GrowthPOD is conditional upon our receipt of payment. If payment cannot be charged to your credit card or if a charge is refunded for any reason, including chargeback, we reserve the right to immediately and without notice, either suspend or terminate your access and account, thereby terminating this Agreement and all GrowthPOD obligations hereunder. You are required to pay any amounts still owed to us at the time your account is suspended or terminated. Terminations are not retroactive. If you have an outstanding balance due on your GrowthPOD account, you hereby agree that GrowthPOD may charge these unpaid fees to your credit card.

Accounts, Passwords and Security

When you open an account, you must complete the registration process by providing GrowthPOD with current, complete and accurate information. You acknowledge that by providing any information to GrowthPOD which is untrue, inaccurate, not current or incomplete, GrowthPOD reserves the right to terminate this Agreement and your continued access and use of the websites.
Since you will be allowed access to a password-protected site, GrowthPOD works to make your online experience as customized and personalized as practical. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer.

Disclaimers of Warranties and Limitations on Liability

The GrowthPOD websites and its contents are provided "as is" and we make no representations or warranties of any kind or its contents. We assume no liability or responsibility for any errors or omissions in the content of GrowthPOD websites, any interruptions, failures, or delays in the delivery of any content contained on GrowthPOD websites, any losses or damages arising from the use of the content provided on GrowthPOD websites, or any conduct by users. We disclaim all representations and warranties, including, for example, non-infringement, warranties of merchantability, and fitness for a particular purpose. In addition, we do not represent or warrant that the information accessible via our sites is accurate, complete or current.
In no event shall GrowthPOD its shareholders, directors, officers, or employees be liable (jointly or severally) to you for any special, incidental, indirect or consequential damages of any kind, or any damages whatsoever resulting from loss of use, data or profits.

Indemnification

You agree to indemnify, defend, and hold GrowthPOD and its subsidiaries, affiliates, officers, directors, agents, co-branders or other partners, employees, and representatives harmless from and against any and all claims, damages, losses, costs or expenses (including reasonable attorneys' fees and disbursements) which arise directly or indirectly out of or from (i) your breach of this Agreement, (ii) any allegation that any materials that you submit to GrowthPOD or post on message boards infringe or otherwise violate the copyright, trade secret, trademark or other intellectual property rights of a third party, and (iii) your access or use of the Sites and/or the Services. This indemnification shall survive in the event this agreement is terminated for any reason.

Acknowledgements

With regard to the GrowthPOD websites, you acknowledge and agree that you will not:
1. copy or otherwise re-create the source code, reproduce, publish, distribute, transmit, display, license, create derivative works from, transfer or sell any information, software, products or services obtained through the websites;
2. transmit any content that is harmful, threatening, unlawful, or otherwise objectionable which may invade another's right of privacy or publicity;
3. post or transmit any material that contains a virus or corrupted data;
4. impersonate any person or entity, including, without limitation, a GrowthPOD entity; or falsely state or otherwise misrepresent your affiliation with such a person or entity;
5. violate any applicable local, state, national or international law;
6. submit or publish any material that infringes on patent, trademark, trade secret, copyright or other proprietary rights of any party;
7. use the websites for any purpose that is unlawful or prohibited by these terms and conditions. You may not use the websites in any manner that could damage, disable, overburden or impair GrowthPOD’s servers or networks, or interfere with any other user's use and enjoyment of the websites. Furthermore, you may not attempt to gain unauthorized access to any of the accounts, computer systems or networks connected to GrowthPOD* through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through websites.
8. Comply with GrowthPOD’s strict policy regarding SPAM

GrowthPOD’s SPAM Policy:

As a user of GrowthPOD, you may not:
1. Harvest emails from web sites
2. Purchase lists (whether they are opt-in or not)
3. Have a pre-checked field on your subscription form
4. Have a subscription form that subscribes users to an unrelated list
5. Send out unrelated offers or unrelated content to your newsletter list
6. Add an email address into a list without the subscriber's permission
7. Email someone who has requested to be removed from your list
8. Utilize a list older than 6 months without reconfirming the recipients' subscriptions

As a user of GrowthPOD, you may:
1. send out a regular e-newsletter to a recipient who has opted-in to receive it
2. send out information and content to recipients who have requested to receive content on that topic from your organization

SPAM Policy Enforcement

GrowthPOD has a ‘NO Tolerance Spam Policy’. The strict measures we take to enforce our policy include, but are not limited to:
1. We review and monitor large list imports. This includes a review of the list source, list age, collection methods, and confirmation practices.
2. We require a user to initial the following statement prior to each send: "I certify with my initials that all recipients granted their permission to be sent this message."
3. a record is saved of every email that is sent through the system.
4. any customer found to be using GrowthPOD for spam will be immediately cut-off from use of the product.
5. every email, whether text or HTML, contains a mandatory unsubscribe/opt-out link at the bottom of the message. This unsubscribe link cannot be removed.

Procedure for Handling SPAM Complaints

If you send SPAM, your account will be immediately terminated. Spam is defined as unsolicited mass email to persons with whom you do not have a business relationship or have not requested (opted-in to) your mailing. GrowthPOD is intended for businesses and organizations that have an established list of permission-based opt-in email addresses. We provide our product only to those who follow our strict anti-spam policy. Using the system to send out emails to addresses obtained in any way other than a subscriber opting-in to your list may incur a $100 (US) charge per substantiated incident (i.e. per email) in accordance with state and federal regulations.

To determine whether you have sent spam we will:
1. Review the content of the message in question
2. Review your subscriber list for patterns common to harvested lists
3. Review the spam complaint
4. View the records to see when the subscriber was subscribed and their IP address

Third Party Content

In general, the content available on the GrowthPOD websites is supplied by users and third parties. As such, GrowthPOD distributes content without editorial control (as does a bookstore or library). Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, are those of the respective authors or distributors, and not GrowthPOD. Neither GrowthPOD nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content. Furthermore, GrowthPOD neither endorses nor is responsible for the accuracy and reliability of any opinion, advice, or statement made on any of the websites by anyone other than an authorized GrowthPOD representative while acting in an official capacity.

Intellectual Property

Copyright

All content on this site is the exclusive property of GrowthPOD and protected by United States and International copyright laws. All content included on GrowthPOD’s websites, including text, graphics, photographs, button icons, images, audio/video clips, logos and designs, digital downloads, data compilations, and software, is the property of GrowthPOD or its suppliers and is protected by United States and International copyright laws. They should not be reproduced or used without express written permission from GrowthPOD.

Trademarks

GrowthPOD is pending status as a registered trademark of Leverage Business, Inc., a registered business incorporated in Grown Point, Indiana, USA. All GrowthPOD logos, graphics, button icons, scripts, page headers, and service names are now or are pending status as trademarks or trade dress of Leverage Business Inc. GrowthPOD’s trademarks, pending trademarks, and trade dress may not be used in connection with any product or service that is not GrowthPOD’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits GrowthPOD. All other trademarks not owned by GrowthPOD that appear on GrowthPOD’s websites are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by GrowthPOD. Any images of persons or personalities contained on GrowthPOD’s websites shall not be an indication of endorsement of any particular product or our service unless otherwise specifically indicated.

Use of Information Submitted

GrowthPOD is free to use any comments, concepts, reviews, information, ideas, or techniques contained in any communication you may send to GrowthPOD, including, without limitation, responses to questionnaires or through postings to GrowthPOD’s websites without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving GrowthPOD’s websites or other websites. In addition, by posting any information on our site, submitting suggestions, or in responding to questionnaires, you grant us a nonexclusive, royalty-free license to display, use, reproduce or modify that information. Under no circumstances shall GrowthPOD have any obligation whatsoever to pay a fee to any subscriber or user in connection with the Submitted Materials upon the occurrence of a transfer of all or any portion of GrowthPOD’s business through a merger, sale or transfer of its assets, nor shall the sale of advertising on any of the websites give rise to any obligation to pay a fee to subscribers.
You acknowledge and agree that the websites contain proprietary and confidential information that is protected by applicable intellectual property and other laws, and are the sole property of GrowthPOD or its licensors. You further acknowledge and agree that any content contained in advertisements or information presented to you through advertisers concerning GrowthPOD or otherwise is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.

Your Conduct on GrowthPOD's Websites

By accessing GrowthPOD’s websites, you agree not to upload, post, email or otherwise send or transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with GrowthPOD’s websites. You also agree not to interfere with the servers or networks connected to GrowthPOD’s websites or to violate any of the procedures, policies or regulations of networks connected to GrowthPOD’s websites, the terms of which are incorporated herein. You further agree not to impersonate any other person while using GrowthPOD’s websites, conduct yourself in a vulgar or offensive manner while using our service, or use GrowthPOD’s websites for any unlawful purpose.

Links

Some of the links on GrowthPOD’s websites may lead to other websites that are not controlled by, or affiliated with, GrowthPOD. In addition, other websites may link to GrowthPOD's websites. GrowthPOD has not reviewed these websites and is not responsible for the content or privacy policies of these websites.

Contact

If you have questions concerning your account or terms of service, please contact the GrowthPOD Customer Care department at support@growthpod.com