Growing Your Practice Terms of Use
1. ACCEPTANCE OF TERMS
Growing Your Practice provides a collection of online resources (referred to hereafter as "the
Service") subject to the following Terms of Use ("TOU"). By using the Service
in any way, you are agreeing to comply with the TOU. In addition, when using
particular Growing Your Practice services, you agree to abide by any applicable posted
guidelines for all Growing Your Practice services, which may change from time to time.
Should you object to any term or condition of the TOU, any guidelines,
or any subsequent modifications thereto or become dissatisfied with Growing Your Practice
in any way, your only recourse is to immediately discontinue use of Growing Your Practice.
2. MODIFICATIONS TO THIS AGREEMENT
We reserve the right, at our sole discretion, to change, modify or otherwise
alter these terms and conditions at any time. Such modifications shall become
effective immediately upon the posting thereof. You must review this agreement
on a regular basis to keep yourself apprised of any changes.
3. CONTENT
You understand that all postings, messages, text, files, images, photos,
video, sounds, or other materials ("Content") posted on, transmitted
through, or linked from the Service, are the sole property of Growing Your Practice and cannot be
copied without written permission.
4. THIRD PARTY CONTENT, SITES, AND SERVICES
The Growing Your Practice site and Content available through the Service may contain
features and functionalities that may link you or provide you with access
to third party content which is completely independent of Growing Your Practice,
including web sites, directories, servers, networks, systems, information
and databases, applications, software, programs, products or services,
and the Internet as a whole.
Your interactions with organizations and/or individuals found on or through
the Service, including payment and delivery of goods or services, and any
other terms, conditions, warranties or representations associated with such
dealings, are solely between you and such organizations and/or individuals.
You should make whatever investigation you feel necessary or appropriate
before proceeding with any online or offline transaction with any of these
third parties.
You agree that Growing Your Practice shall not be responsible or liable for any loss or
damage of any sort incurred as the result of any such dealings. If there is
a dispute between participants on this site, or between users and any third
party, you understand and agree that Growing Your Practice is under no obligation to
become involved. In the event that you have a dispute with one or more other
users, you hereby release Growing Your Practice, its officers, employees, agents and
successors in rights from claims, demands and damages (actual and
consequential) of every kind or nature, known or unknown, suspected and
unsuspected, disclosed and undisclosed, arising out of or in any way related
to such disputes and / or our service.
5. NOTIFICATION OF CLAIMS OF INFRINGEMENT
If you believe that your work has been copied in a way that constitutes
copyright infringement, or your intellectual property rights have been
otherwise violated, please notify Growing Your Practice's agent for notice of claims of
copyright or other intellectual property infringement ("Agent"), at
info@Growing Your Practice.com
or:
Copyright Agent
Growing Your Practice
5821 Larchwood Avenue
Sarasota, Florida
34231
Please provide our Agent with the following Notice:
a) Identify the material on the Growing Your Practice site that you claim is
infringing, with enough detail so that we may locate it on the website;
b) A statement by you that you have a good faith belief that the disputed
use is not authorized by the copyright owner, its agent, or the law;
c) A statement by you declaring under penalty of perjury that (1) the above
information in your Notice is accurate, and (2) that you are the owner of
the copyright interest involved or that you are authorized to act on behalf
of that owner;
d) Your address, telephone number, and email address; and
e) Your physical or electronic signature.
Growing Your Practice will remove the infringing posting(s), subject to the the procedures
outlined in the Digital Millenium Copyright Act (DMCA).
6. PRIVACY AND INFORMATION DISCLOSURE
Growing Your Practice has established a Privacy Policy to explain to users how their
information is collected and used, which is located at the following web
address:
http://www.Growing Your Practice.com/privacy/
Your use of the Growing Your Practice website or the Service signifies acknowledgement of
and agreement to our Privacy Policy. You further acknowledge and agree that
Growing Your Practice may, in its sole discretion, preserve or disclose your Content,
as well as your information, such as email addresses, IP addresses, timestamps,
and other user information, if required to do so by law or in the good faith
belief that such preservation or disclosure is reasonably necessary to:
comply with legal process; enforce the TOU; respond to claims that any
Content violates the rights of third-parties; respond to claims that contact
information (e.g. phone number, street address) of a third-party has been
posted or transmitted without their consent or as a form of harassment;
protect the rights, property, or personal safety of Growing Your Practice, its users or
the general public.
7. UNAUTHORIZED USE
Use of the Service beyond the scope of authorized access granted to you by
Growing Your Practice immediately terminates said permission or license. In order to
collect, aggregate, copy, duplicate, display or make derivative use of the
the Service or any Content made available via the Service for other
purposes (including commercial purposes) not stated herein, you must first
obtain a license from Growing Your Practice.
8. PROPRIETARY RIGHTS
The Service is protected to the maximum extent permitted by copyright laws
and international treaties. Content displayed on or through the Service is
protected by copyright as a collective work and/or compilation, pursuant to
copyrights laws, and international conventions. Any reproduction,
modification, creation of derivative works from or redistribution of the
site or the collective work, and/or copying or reproducing the sites
or any portion thereof to any other server or location for further
reproduction or redistribution is prohibited without the express
written consent of Growing Your Practice. You further agree not to reproduce,
duplicate or copy Content from the Service without the express written
consent of Growing Your Practice, and agree to abide by any and all copyright notices
displayed on the Service. You may not decompile or disassemble, reverse
engineer or otherwise attempt to discover any source code contained in the
Service. Without limiting the foregoing, you agree not to reproduce,
duplicate, copy, sell, resell or exploit for any commercial purposes, any
aspect of the Service.
9. DISCLAIMER OF WARRANTIES
YOU AGREE THAT USE OF THE Growing Your Practice SITE AND THE SERVICE IS ENTIRELY AT
YOUR OWN RISK. THE Growing Your Practice SITE AND THE SERVICE ARE PROVIDED ON AN "AS
IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL
EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE
FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW,
Growing Your Practice DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY,
TIMELINESS, ACCURACY, AND PERFORMANCE OF THE Growing Your Practice SITE AND THE
SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, Growing Your Practice DISCLAIMS ANY
WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE
Growing Your Practice SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON
THE Growing Your Practice SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, Growing Your Practice
DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN
CONNECTION WITH THE Growing Your Practice SITE OR THE SERVICE. Some jurisdictions do
not allow the disclaimer of implied warranties. In such jurisdictions, some
of the foregoing disclaimers may not apply to you insofar as they relate to
implied warranties.
10. LIMITATIONS OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL Growing Your Practice BE LIABLE FOR DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF Growing Your Practice
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY
ASPECT OF YOUR USE OF THE Growing Your Practice SITE OR THE SERVICE, WHETHER THE
DAMAGES ARISE FROM USE OR MISUSE OF THE Growing Your Practice SITE OR THE SERVICE, FROM
INABILITY TO USE THE Growing Your Practice SITE OR THE SERVICE, OR THE INTERRUPTION,
SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE Growing Your Practice SITE
OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES
INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR
ADVERTISED IN CONNECTION WITH THE Growing Your Practice SITE OR THE SERVICE OR ANY
LINKS ON THE Growing Your Practice SITE, AS WELL AS BY REASON OF ANY INFORMATION OR
ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE Growing Your Practice SITE
OR THE SERVICE OR ANY LINKS ON THE Growing Your Practice SITE. THESE LIMITATIONS SHALL
APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions,
limitations of liability are not permitted. In such jurisdictions, some of
the foregoing limitation may not apply to you.
11. INDEMNITY
You agree to indemnify and hold Growing Your Practice, its officers, subsidiaries,
affiliates, successors, assigns, directors, officers, agents, service
providers, suppliers and employees, harmless from any claim or demand,
including reasonable attorney fees and court costs, made by any third party
due to or arising out of Content you submit, post or make available through
the Service, your use of the Service, your violation of the TOU, your
breach of any of the representations and warranties herein, or your
violation of any rights of another.
12. GENERAL INFORMATION
The TOU constitute the entire agreement between you and Growing Your Practice and
govern your use of the Service, superseding any prior agreements between you
and Growing Your Practice. The TOU and the relationship between you and Growing Your Practice
shall be governed by the laws of the State of California without regard to
its conflict of law provisions. You and Growing Your Practice agree to submit to the
personal and exclusive jurisdiction of the courts located within the county
of Sarasota, Florida. The failure of Growing Your Practice to exercise or
enforce any right or provision of the TOU shall not constitute a waiver of
such right or provision. If any provision of the TOU is found by a court
of competent jurisdiction to be invalid, the parties nevertheless agree that
the court should endeavor to give effect to the parties' intentions as
reflected in the provision, and the other provisions of the TOU remain in
full force and effect. You agree that regardless of any statute or law to
the contrary, any claim or cause of action arising out of or related to use
of the Service or the TOU must be filed within one (1) year after such
claim or cause of action arose or be forever barred.
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