Welcome, and thank you for your interest in Solutionary Growth (Solutionary Growth, LLC) the owner and operator of the website www.solutionarygrowth.com (the “Website” or “Site”) referred to in these Terms and Conditions as “Solutionary Growth”, “us”, “our” or “we”. Unless otherwise specified, all references to our services (the “Service” or “Services”) include the seminars, workshops, live events, products, services, courses, lessons, instruction and content available through Solutionary Growth, either in live events or online. The term “user”, “you” or “your” refers to the user or purchaser of the Service.
The following Terms and Conditions are a legally binding contract between you and Solutionary Growth, LLC. Please read the following Terms and Conditions (“Terms” or “Agreement”) carefully before accessing, purchasing or using any of the Services. Each time you access, purchase or use our Services, enroll in a seminar, workshop, event or purchase something from us including, without limitation, any courses of instruction, or subscription for our Services, you, and if you are acting on behalf of a third party or your employer, such third party or employer, agree to be bound by these Terms and Conditions. Furthermore, if you are a company, you will ensure that your employees, partners, agents, contractors, subcontractors and any other person attending the workshop, seminar or event on your behalf shall comply with these Terms.
Solutionary Growth may change this Agreement at any time by posting an updated Terms and Conditions on this site. The date of any revision appears at the end of this Agreement. If you continue using the Site or our Services you will be conclusively deemed to have accepted the changes.
By using our Services, you represent that you have attained the age of majority where you reside and are otherwise capable of entering into binding contracts including this Agreement. Persons who are at least 13 years of age but under the age of majority may only use our Services with written legal parental or guardian consent. Accordingly, you agree that you are at least the age of majority or older, or have received written legal parental or guardian consent from someone fully able and competent to enter into the terms, conditions, representations and warranties set forth in the Terms. If you are using our Services on behalf of a company or other organization, you represent and warrant that you have authority to act on behalf of that entity and to bind that entity to this Agreement.
2. Accounts and Registration
To access some features of the Service, including our subscription services plan, you will be required to register for an account. When you register for an account, you will be required to provide us with some information about yourself, such as your name, date of birth, e-mail address, physical address, phone number, company name or other personal information (“Your Information”). If you provide Your Information to us then you agree to provide true, current, complete and accurate information, and not to misrepresent your identity. You are responsible for keeping your password secure. You are responsible for all activity in your account, including purchases and Solutionary Growth will not be liable for any loss or damage from your failure to maintain the security of your account and password. Each account and subscription will be issued to one person or one company. You agree that you may not share your account or subscription privileges with another person or another company.
4. Services and Products
a. Workshops, Seminars and Live Events.
i. Solutionary Growth produces and delivers hands-on learning workshops, seminars and live events in cities throughout the United States and other select venues. These events are focused on interactive discussions prioritizing and maximizing marketing objectives, networking with others and learning new skills, all of which are valuable to business owners, marketing professionals, management and entrepreneurs alike. Descriptions of the individual workshops may be found on our events listing page here (insert link).
ii. Admission to our workshops, seminars and live events is not transferable by you to another party without our prior evaluation and consent. By assuring that all attendees have the requisite abilities and competence to participate fully in our workshops and live events, we are able to provide the highest level of benefit to all attendees. If you need to substitute another person for attendance, please contact thirty (30) days before the event.
b. Digital Fest. Solutionary Growth produces an annual digital industry wide conference with exceptional and notable industry speakers, sponsors, networking opportunities and more. Please see our events listing page here (insert link) for the next Digital Fest information.
c. Annual Subscription. Solutionary Growth offers an annual subscription to our Services, providing our subscribers with discounts to our workshops, seminars, live events and products.
a. All prices displayed in our Services are in U.S. dollars unless otherwise indicated.
b. All applicable taxes and other charges are additional and your responsibility.
c. We reserve the right in our sole discretion to change prices at any time and without notice.
a. Purchase price for attending a workshop, seminar or event must be paid in full at the time of booking your attendance.
b. By providing Solutionary Growth or our third party payment processor with your method of payment information, you authorize us to charge you for enrollment and admission to a workshop, seminar, event or a subscription purchase using the secure third party payment processor we make available to you. Our payment gateway partners use secure servers with state-of-the-art encryption and secure sockets layer (SSL) technology for the transfer of credit card information. Additionally, we have security measures in place to protect our customer database and access to this database is restricted internally.
c. You agree that we may charge you, and you will pay to Solutionary Growth, any fee or penalty that is assessed or charged to us for a “Chargeback” resulting from a failure or refusal of your selected method of payment to make a required payment. This payment shall be refunded to you in the event that your selected method of payment resolves this dispute in your favor.
7. Refund Policy
a. All purchases for live events, including without limitation, any workshops, seminars, courses and Digital Fest admission are final and not eligible for a refund more than 7 days after purchase (“Cancellation Period”). Please email us within this Cancellation Period to request a refund at [email protected] All refunds are issued in the same form as the original payment.
b. You will not be eligible for a refund if you fail to attend a workshop, seminar or other live event.
c. In the event that Solutionary Growth cancels a workshop, seminar or other live event, you will be notified as soon as practical under the circumstances using the contact information you provided at time of registration. In such case, you will be entitled to a full refund of your purchase price or, if the event is rescheduled, you may optionally transfer your admission to the newly rescheduled place and date.
d. Under no circumstances will Solutionary Growth be liable for reimbursement of expenses incurred by you, including but not limited to travel, hotel, car rental, insurance, other misc. purchases and/or rentals.
e. Notwithstanding the foregoing, if Solutionary Growth cancels or postpones a workshop, seminar or live event due to inclement weather, force of nature or any act of God, Solutionary Growth reserves the right to reschedule another, similar workshop, seminar or event at a venue reasonably convenient to the original location, within twelve (12) months from the date of such cancellation or postponement and, in such circumstances, no refund will be due and Solutionary Growth will not be liable for any consequential loss resulting from such cancellation or postponement.
8. Subscription Terms; Refund Policy
Solutionary Growth offers an automatically renewable and payable Annual Subscription Plan for our users. The features, subscriber rights, terms and prices of this Subscription Plans may change from time to time and the most current description and price may be found on our Subscription Plan pricing page here (insert link to subscription pricing page).
a. Each Subscription Plan will be issued to one person or one company. You agree that you may not share your Subscription Plan privileges with another person or another company. Failure to comply with this requirement will result in corrective action up to an including termination of your Subscription Plan without any right of refund.
b. By completing your registration for a Subscription Plan, you authorize Solutionary Growth or its third party payment processor to charge your payment method on a recurring basis (annually) for: (i) the applicable Subscription Plan charges; and (ii) any and all applicable taxes. The authorization continues through the subscription term, and any renewal term, until the subscriber cancels the Subscription Plan.
c. By purchasing a Subscription Plan, you expressly acknowledge and agree that (i) your subscription has an initial and recurring payment feature, and Solutionary Growth (or our third party payment processor) is authorized to automatically charge your payment method at the then-current Subscription Plan rate for your subscription period as long as your subscription continues, and (ii) your Subscription Plan is continuous and will be automatically extended for successive subscription periods until you cancel it.
d. You may cancel your Subscription Plan at any time, by emailing us at [email protected] In the event you cancel your Subscription Plan we will issue you a pro-rated refund for the time remaining in your subscription.
e. Solutionary Growth may submit periodic charges without further authorization from you, until you provide prior notice that you have terminated this authorization.
9. Trial Subscription
Solutionary Growth may offer you a free seven (7) day trial subscription. You may cancel your free trial at any time during the trial period. If you fail to cancel your free trial you agree that Solutionary Growth may automatically charge your selected method of payment for an annual Subscription under the terms set forth in this Agreement.
10. Professional Conduct
During your attendance at one of our workshops, seminars or live events, you agree to conduct yourself at all times in a professional, responsible and courteous manner. If you act in any way which in our opinion is likely to cause any harm or nuisance to any person at the event, you will be required to leave the event and we shall not be liable to refund your admission purchase or any other payment. You must comply at all times with the health and safety policy of the venue. You must comply with all requests from us or the venue personnel with regard to health and safety and failure to do so will result in you being asked to leave the event (in which case no refund will be provided). You may not bring any equipment or items of a hazardous or dangerous nature to the event. You shall not cause any damage to any part of the venue. You are solely liable for any damage caused by you, your employees, contractors, sub-contractors and agents to any such area of the venue and shall fully reimburse us in relation to any damage so caused. You must keep your personal belongings with you at all times and we accept no liability for any damage to, loss of or theft of any of your belongings or other items brought to the event by you.
11. Intellectual Property Rights
a. Solutionary Growth is the owner, or the licensee, of all intellectual property rights in and to the courses of instruction and education, curriculum, information, content, documentation, guides, descriptions, advice, data, software, graphics, charts, pictures, photographs, images, line art, icons, renditions, videos, audio files, digital downloads, data compilations and any other content viewable on, contained in, or downloadable from, or provided to you in any manner whatsoever (collectively, “Our Content”), through our Services, our workshops, seminars and live events.
b. Our Content is for your personal use and the use of your company internally and you may not use any part of our copyright or trademark materials for commercial purposes not contemplated by this Agreement without first obtaining a license to do so from us or our licensors.
c. You are solely responsible for any damages resulting from your infringement of our, or any third-parties, intellectual property rights regarding the Copyrights, Trademarks, Our Content and/or any other harm incurred by us or our affiliates as a, direct or indirect, result of your copying, distributing, redistributing, transmitting, publishing or using the same for commercial purposes that are contrary to the terms and conditions of this Agreement.
d. You may not modify Our Content or decompile, reverse engineer, or disassemble our products or Our Content, or transfer our products or Our Content to another person or entity.
e. You may not, without our express permission and consent, use or utilize our products or Our Content for any commercial public display, performance, sale, or rental.
12. Recording and Photography
a. You may not record, photograph or videotape the workshop, seminar or event without our prior consent. Any approved filming or photography is, and remains the property of Solutionary Growth.
b. Solutionary Growth may record, photograph or videotape the workshop, seminar or event, and you hereby grant Solutionary Growth and its successors, licensees and assigns, the right, to reproduce, use, exhibit, display, broadcast and distribute and create derivative works of these images and recordings in any media now known or later Developed.
c. You further herby acknowledge that Solutionary Growth owns all rights to the images, video and recordings. You further hereby waive any right to inspect or approve the use of the images or recordings or of any written copy and further waive all moral rights. You also waive any right to royalties or other compensation arising from or related to the use of the images, recordings, or materials.
13. Travel and Accommodation
You shall be responsible for making and paying for your own travel, living accommodation and meal arrangements.
14. Americans with Disabilities Act (ADA)
ADA accommodations will be made in accordance with the law. If you require ADA accommodations, please email your request to our Customer Support department immediately after completing your registration for the program. We cannot ensure the availability of appropriate accommodations without prior notification. You should notify us at least thirty (30) days before the class if you require special needs or assistance.
a. You agree that you will be personally responsible for your use of the Solutionary Growth Services, Products, workshops, seminars and live events; and you further agree to defend, indemnify and hold harmless Solutionary Growth and its officers, directors, employees, consultants, affiliates, subsidiaries and agents from and against any and all claims, liabilities, damages, losses and expenses, including reasonable attorneys’ and accounting fees and costs, arising out of or in any way connected with (i) your access to, use of or alleged use of the Services, Products, workshops, seminars and live events; (ii) your violation of these Terms and Conditions or any representation, warranty, or agreements referenced herein, or any applicable law or regulation; (iii) your infringement upon the property rights, intellectual property rights (copyrights and trademarks) or other rights of others; (iv) your violation of any third party right, including without limitation publicity, confidentiality, or privacy right; (v) any death, or serious physical or emotional harm, to you or any third party resulting from your use of the Services, Products, workshops, seminars and live events.
b. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.
16. Electronic Communications
a. Although we may choose to communicate with you by regular mail, we may also choose to communicate with you by electronic means including, without limitation, email, telephone, text, SMS, chat or by posting notices on our Services. When you use our Services, you consent to communicating with us electronically.
b. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
17. Electronic Transactions
a. Your use of the Services includes the ability to enter into agreements, including these Terms, and to make transactions electronically, including financial transactions and other service or merchandise purchases. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by such agreements, financial transactions and purchases.
b. Your agreement and intent to be bound by electronic submissions applies to all records relating to all transactions you enter into on this site, including purchases, financial transactions, notices of cancellation, policies, contracts, and applications.
18. Disclaimer; Projections and Results Are Not Guaranteed
THE CONTENT IN OUR WORKSHOPS, SEMINARS AND LIVE EVENTS, INCLUDING, WITHOUT LIMITATION, ALL SOLUTIONARY GROWTH INTELLECTUAL PROPERTY, CURRICULUM, COURSE MATERIAL, TEXT, SOFTWARE, FUNCTIONS, SERVICES, AND INFORMATION MADE AVAILABLE THEREIN, ARE INTENDED TO BE USED FOR EDUCATIONAL AND INFORMATIONAL PURPOSES. WE ARE AN EDUCATIONAL RESOURCE PROVIDING DIGITAL MARKETING TRAINING AND PROFESSIONAL BUSINESS DEVELOPMENT. SOME STRATEGIES MAY WORK IN ONE INDUSTRY AND NOT IN ANOTHER. MARKETS AND INDUSTRIES CHANGE RAPIDLY AND REQUIRE FREQUENT ADJUSTMENTS TO ACHIEVE SUCCESS OR TO SUSTAIN SUCCESS. PAST PERFORMANCE, WHETHER ACTUAL OR INDICATED BY HISTORICAL RESULTS IN OUR CURRICULUM, IS NO GUARANTEE OF FUTURE RESULTS OR SUCCESS. ACCORDINGLY, YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU, WHETHER IN CONTRACT, TORT, INCLUDING NEGLIGENCE OR OTHERWISE, IN RESPECT OF ANY DAMAGE, EXPENSE OR OTHER LOSS YOU MAY SUFFER ARISING OUT OF INFORMATION, OR ANY RELIANCE YOU MAY PLACE UPON INFORMATION, YOU RECEIVE IN OUR WORKSHOPS, SEMINARS AND LIVE EVENTS.
19. Disclaimer of Warranties
a. EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE CONTENTS OF, AND THE MATERIALS PROVIDED IN, THE SOLUTIONARY GROWTH WEBSITE AND ANY OF OUR WORKSHOPS, SEMINARS AND LIVE EVENTS, INCLUDING, WITHOUT LIMITATION, ALL SOLUTIONARY GROWTH INTELLECTUAL PROPERTY, CURRICULUM, COURSE MATERIAL, TEXT, SOFTWARE, FUNCTIONS, SERVICES, AND INFORMATION MADE AVAILABLE THEREIN, ARE PROVIDED AS IS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
b. UNDER NO CIRCUMSTANCES WILL SOLUTIONARY GROWTH BE LIABLE IN ANY WAY FOR ANY CONTENT, INCLUDING WITHOUT LIMITATION ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED BY YOU AS A RESULT OF YOUR USE OF ANY CONTENT OR MATERIALS PROVIDED IN THE SOLUTIONARY GROWTH WEBSITE AND ANY OF OUR WORKSHOPS, SEMINARS AND LIVE EVENTS. SOLUTIONARY GROWTH MAKES NO GUARANTEES THAT THE CONTENT WILL BE ACCURATE, CURRENT, OR ERROR-FREE.
c. SOLUTIONARY GROWTH DOES NOT WARRANT OR GUARANTEE UNINTERRUPTED ACCESS TO THE SOLUTIONARY GROWTH WEBSITE, OR ANY SITE LINKED TO THE SOLUTIONARY GROWTH WEBSITE.
d. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM USE OF THE SOLUTIONARY GROWTH WEBSITE AND ANY INFORMATION ON THE SOLUTIONARY GROWTH WEBSITE AND IN ANY OF OUR WORKSHOPS, SEMINARS AND LIVE EVENTS.
e. SOLUTIONARY GROWTH MAKES NO GUARANTEES ABOUT THE SUITABILITY OF ANY INFORMATION AND ITS SERVICES FOR ANY PURPOSE WHATSOEVER.
f. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME PARTS OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
20. Limitation of Liability
a. IN NO EVENT SHALL SOLUTIONARY GROWTH BE RESPONSIBLE TO, OR LIABLE TO YOU, OR ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY DAMAGES INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES THAT INCLUDE, BUT ARE NOT LIMITED TO, DAMAGES FOR ANY PERSONAL INJURY TO YOU OR OTHERS, OR LOSS OF PROFIT, REVENUE OR BUSINESS, AS A DIRECT OR INDIRECT RESULT OF: (I) YOUR ACCESS AND USE OF OUR SERVICES, PRODUCTS, AND ANY OF OUR WORKSHOPS, SEMINARS AND LIVE EVENTS; (II) YOUR BREACH OR VIOLATION OF THE TERMS AND CONDITIONS OF THIS AGREEMENT; (III) YOUR DELAY IN ACCESSING OR INABILITY TO ACCESS OR USE OUR SERVICES AND ANY OF OUR WORKSHOPS, SEMINARS AND LIVE EVENTS FOR ANY REASON; OR (IV) YOUR RELIANCE UPON OR USE OF OUR CONTENT, CURRICULUM OR MATERIALS, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WE AND/OR OUR SUPPLIERS HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
b. WITHOUT LIMITING THE FOREGOING, UNDER NO CIRCUMSTANCES SHALL WE BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND THEIR REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS OR NON-PERFORMANCE OF THIRD PARTIES.
c. OUR LIABILITY AND THE LIABILITY OF OUR AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, INDEPENDENT CONTRACTORS, SHAREHOLDERS, REPRESENTATIVES, AND AGENTS FOR ALL LOSS, COST, DAMAGE, LIABILITY OR EXPENSE (INCLUDING ATTORNEYS FEES AND COSTS) THAT YOU MAY SUFFER OR INCUR, UNDER ANY THEORY OF LIABILITY, IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, ARISING OUT OF THIS AGREEMENT OR THE USE OF OUR SERVICES AND PRODUCTS, SHALL NOT EXCEED, IN THE AGGREGATE, THE AMOUNTS ACTUALLY PAID BY YOU IN THE PURCHASE OR TRANSACTION GIVING RISE TO SUCH CLAIM.
d. YOU AND WE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO OUR SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
e. CERTAIN STATE OR JURISDICTIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.
21. Statutory Rights; Notice To California Residents
If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing, currently at: 1625 N. Market Blvd., Suite N-112, Sacramento, California 95834, or by telephone, currently at (800) 952-5210 in order to resolve a complaint regarding our Site or to receive further information regarding use of our Site.
Solutionary Growth reserves the right to update and modify these Terms and Conditions without advance notice to you and such changes will be effective immediately when posted on this site and will govern your continued use of Solutionary Growth’s Services and products. The date of any revision appears at the end of this Agreement. Please visit these terms for the most recent amendments prior to purchasing any Services, Products or booking attendance at any workshop, seminar or live event.
If any provision of this Agreement is for any reason found to be unenforceable at law, it shall be deemed severed from this Agreement and the remaining provisions of this Agreement shall remain in force and continue to be binding upon the parties as though the unenforceable provision had never been included in this Agreement.
No waiver of any provision of the Agreement, or of a breach hereof, is valid unless it is in writing, signed by the waiving party. A waiver of any right under this Agreement on the part of either party shall not be deemed to be a waiver of any other right, and a waiver of any right in any one instance shall not be deemed to be a waiver of that right in any other instance.
25. Jurisdiction; Choice of Law; Venue
This Agreement shall be deemed to have been made in the State of Florida, United States of America, and its form, execution, validity, construction and effect shall be determined in accordance with the laws of the State of Florida as it is applied to contracts entered into in the State of Florida between Florida residents. Both parties further consent to exclusive jurisdiction by the state and federal courts for Palm Beach County, Florida. The parties all consent to the jurisdiction of such courts, agree to accept service of process by mail, and hereby waive any jurisdictional or venue defenses otherwise available to it. The parties hereby waive any right to a trial by a jury.
26. Entire Agreement
This Agreement is the entire agreement between the parties. There are no other representations, warranties or promises between the parties, express or implied with respect to the subject matter of this Agreement. All other terms, expressed or implied by statute or otherwise, are excluded to the fullest extent permitted by law.
Solutionary Growth, LLC
Email: [email protected]
Revised May 1, 2019