Terms of Services


Last updated June 16, 2024


AGREEMENT TO OUR LEGAL TERMS

We are GrowthJourney365 ("Company," "we," "us," "our"), a company registered in Germany at Wolfsburg, Niedersachsen, 38442. We operate the website https://www.growthjourney365.com/ (the "Site"), as well as any other related products and services that refer or link to these legal terms (the "Legal Terms") (collectively, the "Services").

You can contact us by email at [address] or by mail to [address], Wolfsburg, Niedersachsen, 38442, Germany.

These Legal Terms constitute a legally binding agreement between you, whether personally or on behalf of an entity ("you"), and GrowthJourney365, concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

We will provide you with prior notice of any scheduled changes to the Services you are using. The modified Legal Terms will become effective upon posting or notifying you by connect@growthjourney365.com, as stated in the email message. By continuing to use the Services after the effective date of any changes, you agree to be bound by the modified terms.

All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Services. If you are a minor, you must have your parent or guardian read and agree to these Legal Terms prior to you using the Services.

We recommend that you print a copy of these Legal Terms for your records.


TABLE OF CONTENTS
  1. OUR SERVICES

  2. INTELLECTUAL PROPERTY RIGHTS

  3. USER REPRESENTATIONS

  4. PROHIBITED ACTIVITIES

  5. USER GENERATED CONTRIBUTIONS

  6. CONTRIBUTION LICENSE

  7. GUIDELINES FOR REVIEWS

  8. THIRD-PARTY WEBSITES AND CONTENT

  9. ADVERTISERS

  10. SERVICES MANAGEMENT

  11. TERM AND TERMINATION

  12. MODIFICATIONS AND INTERRUPTIONS

  13. GOVERNING LAW

  14. DISPUTE RESOLUTION

  15. CORRECTIONS

  16. DISCLAIMER

  17. LIMITATIONS OF LIABILITY

  18. INDEMNIFICATION

  19. USER DATA

  20. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

  21. CALIFORNIA USERS AND RESIDENTS

  22. MISCELLANEOUS

  23. CONTACT US


1. OUR SERVICES

The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.


The Services are not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use the Services. You may not use the Services in a way that would violate the Gramm-Leach-Bliley Act (GLBA).


2. INTELLECTUAL PROPERTY RIGHTS

We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the "Content"), as well as the trademarks, service marks, and logos contained therein (the "Marks").


Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in the United States and around the world.


The Content and Marks are provided in or through the Services "AS IS" for your personal, non-commercial use or internal business purpose only.


Your use of our Services

Subject to your compliance with these Legal Terms, included the "PROHIBITED ACTIVITIES" section below, we grant you a non-exclusive, non-transferable, revocable license to:

  • access the Services; and

  • download or print a copy of any portion of the Content to which you have properly gained access, solely for your personal, non-commercial use or internal business purpose.


Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.


If you wish to make any use of the Services, Content, or Marks other than as set out in this section or elsewhere in our Legal Terms, please address your request to: connect@growthjourney365.com.

If we ever grant you the permission to post, reproduce, or publicly display any part of our Services or Content, you must identify us as the owners or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our Content.


We reserve all rights not expressly granted to you in and to the Services, Content, and Marks. Any breach of these rights may lead to a termination of your license and use of our Services.


Your Submissions

Please review this section and the "PROHIBITED ACTIVITIES" section carefully before using our Services to understand the rights you give us and the obligations you have when you post or upload any content through the Services.


Submissions:

By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services ("Submissions"), you agree to assign to us all intellectual property rights in such Submission. You agree that we shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.


You are responsible for what you post or upload:

By sending us Submissions through any part of the Services you:

  • Confirm that you have read and agree with our "PROHIBITED ACTIVITIES" and will not post, send, publish, upload, or transmit through the Services any Submission that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading;

  • To the extent permissible by applicable law, waive any and all moral rights to any such Submission;

  • Warrant that any such Submission are original to you or that you have the necessary rights and licenses to submit such Submissions and that you have full authority to grant us the above-mentioned rights in relation to your Submissions; and

  • Warrant and represent that your Submissions do not constitute confidential information.


Liability for Submissions:

You are solely responsible for your Submissions and you expressly agree to reimburse us for any and all losses that we may suffer because of your breach of this section, any third party’s intellectual property rights, or applicable law.


3. User Representations

By using the Services, you represent and warrant that:

  1. You have the legal capacity and you agree to comply with these Legal Terms.

  2. You are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Services.

  3. You will not access the Services through automated or non-human means, whether through a bot, script or otherwise.

  4. You will not use the Services for any illegal or unauthorized purpose.

  5. Your use of the Services will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).


4. PROHIBITED ACTIVITIES

You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.


As a user of the Services, you agree not to:

  • Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.

  • Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.

  • Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.

  • Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.

  • Use any information obtained from the Services in order to harass, abuse, or harm another person.

  • Make improper use of our support services or submit false reports of abuse or misconduct.

  • Use the Services in a manner inconsistent with any applicable laws or regulations.

  • Engage in unauthorized framing of or linking to the Services.

  • Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.

  • Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.

  • Delete the copyright or other proprietary rights notice from any Content.

  • Attempt to impersonate another user or person or use the username of another user.

  • Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats ("gifs"), 1x1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as "spyware" or "passive collection mechanisms" or "pcms").

  • Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.

  • Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.

  • Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.

  • Copy or adapt the Services' software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.

  • Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.

  • Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or use or launch any unauthorized script or other software.

  • Use a buying agent or purchasing agent to make purchases on the Services.

  • Make any unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.

  • Use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavor or commercial enterprise.

  • Use the Services to advertise or offer to sell goods and services.

  • Sell or otherwise transfer your profile.


5. User Generated Contributions

The Services do not offer users to submit or post content.


6. Contribution License

You and Services agree that we may access, store, process, and use any information and personal data that you provide and your choices (including settings).

By submitting suggestions or other feedback regarding the Services, you agree that we can use and share such feedback for any purpose without compensation to you.


7. Guidelines for Reviews

We may provide you areas on the Services to leave reviews or ratings. When posting a review, you must comply with the following criteria: (1) you should have firsthand experience with the person/entity being reviewed; (2) your reviews should not contain offensive profanity, or abusive, racist, offensive, or hateful language; (3) your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; (4) your reviews should not contain references to illegal activity; (5) you should not be affiliated with competitors if posting negative reviews; (6) you should not make any conclusions as to the legality of conduct; (7) you may not post any false or misleading statements; and (8) you may not organize a campaign encouraging others to post reviews, whether positive or negative.

We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to review.


8. Third-Party Websites and Content

The Services may contain (or you may be sent via the Site) links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content"). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Services or any Third-Party Content posted on, available through, or installed from the Services, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or any other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Services and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Legal Terms no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Services or relating to any applications you use or install from the Services. Any purchases you make through Third-Party Websites will be through other websites and not from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us blameless from any harm caused by your purchase of such products or services. Additionally, you shall hold us blameless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.


9. Advertisers

We allow advertisers to display their advertisements and other information in certain areas of the Services, such as sidebar advertisements or banner advertisements. We simply provide the space to place such advertisements, and we have no other relationship with advertisers.


10. Services Management

We reserve the right, but not the obligation, to monitor the Services for violations of these Legal Terms; take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms; refuse, restrict access to, limit the availability of, or disable any of your Contributions or any portion thereof; and otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.


11. Term and Termination

These Legal Terms shall remain in full force and effect while you use the Services. We reserve the right to deny access to and use of the Services to any person for any reason or for no reason, including for breach of any representation, warranty, or agreement contained in these Legal Terms or of any applicable law or regulation. We may terminate your use or participation in the Services or delete any content or information that you posted at any time, without warning, in our sole discretion.


12. Modifications and Interruptions

We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services. We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in these Legal Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.


13. Governing Law

The legal terms are governed by the laws of Germany, excluding the United Nations Convention of Contracts for the International Sales of Goods. If residing in the EU, consumers also have protection from their own country's laws. Disputes can be submitted to the courts of Wolfsburg, Germany or within the EU country of residence.


14. Dispute Resolution

Disputes will be first addressed through informal negotiations for at least 30 days. If unresolved, disputes will undergo binding arbitration in Wolfsburg, Germany under the European Court of Arbitration’s rules. The arbitration will be in German. Arbitration is limited to individual disputes without provisions for class actions. Intellectual property rights disputes, theft, piracy, or claims for injunctive relief are exceptions to arbitration, handled by the courts specified.


15. Corrections

There may be typographical errors, inaccuracies, or omissions on the Services regarding descriptions, pricing, availability, and other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice.


16. Disclaimer

The Services are provided as-is and as-available, and your use is at your sole risk. We disclaim all warranties, express or implied, including, but not limited to, the accuracy, completeness, or reliability of content and services. We assume no liability for any errors, interruptions, or unauthorized access to our servers. We are not responsible for monitoring transactions between you and third-party providers.


17. Limitations of Liability

We will not be liable for any indirect, incidental, special, or punitive damages resulting from your use of the Services. Our liability to you for any cause whatsoever will be limited to the amount paid, if any, by you during the three months prior to any claim.


18. Indemnification

You agree to defend and indemnify us and our affiliates from any loss, damage, or costs resulting from your use of the Services, violation of these Legal Terms, infringement of any third party rights, or any connection you have with other users. We reserve the right to assume defense and control of any matter subject to indemnification by you, promising to use reasonable efforts to notify you of any claims.


19. User Data

We will maintain certain data you transmit for managing the Services' performance but are not liable for any loss or corruption of your data. You are responsible for any data you transmit.


20. Electronic Communications, Transactions, and Signatures

You consent to receive electronic communications via the Services and agree that all agreements, notices, disclosures, and other communications we provide satisfy any legal requirements that such communications be in writing. You waive any rights to require non-electronic signatures or record keeping.


21. California Users and Residents

Residents of California can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs for unresolved complaints.


22. Miscellaneous

These Legal Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Legal Terms or use of the Services. You agree that these Legal Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.


23. Contact Us

In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:

GrowthJourney365 Wolfsburg, Niedersachsen 38442 Germany