Terms of Service

These Terms of Service and the conditions listed below apply to Gutter Growth LLC, www.GutterGrowth.com, and all products / services offered by Gutter Growth, and the conditions concerning your use of and access to the Gutter Growth website. By accessing, using, or downloading any materials or content from the website, you agree to follow and will be bound by all conditions included in this document. If you do not agree with these Terms you may not use our products and/or website.

ORDER CONFIRMATIONS

It is our practice to clarify and confirm orders by electronic signature. Signing the agreement binds the client to their obligations as outlined in the Billing and Payments Section included in this agreement. Receiving an email receipt does NOT constitute an agreement beyond the specified details of that receipt. You may request a receipt be mailed to you. If you do not receive a receipt by mail your emailed copy will serve as your formal receipt. We reserve the right without prior notice and at our discretion to refuse service to any customer along with access to the website by any visitor or customer should it be used inappropriately or beyond the scope of what Gutter Growth deems acceptable.

REVIEW SERVICE

This is a “Non-Exclusive” technology-based service and not a monthly digital marketing service. We reserve the right without prior notice and at our discretion to refuse service to any customer along with access to their review profile by any visitor or customer should it be used inappropriately or beyond the scope of what Gutter Growth deems acceptable.

AUTHORIZATION OF CONTENT

Customer hereby authorizes Gutter Growth to use of all Customer’s logos, trademarks, Web site images, etc., for use in creating informational pages and any other uses as deemed necessary for search engine positioning and optimization. If Web site(s) requires additional textual content, Customer will provide said additional relevant text content in electronic format for the purpose of creating additional or supporting web pages. It is our best practice to “set live” any website pages, lead machine templates or landing pages on day twenty one (21) or sooner. Therefore, any and all pages will be auto published and indexed in the search engines on day 21 unless otherwise stated in writing on the contract.

PROPRIETARY RIGHTS

As between you and Gutter Growth, with the exception, in some cases, of Submitted Materials, we own, solely and exclusively, all rights, title and interest in and to any Complimentary Marketing Microsites, all the content (including, for example, audio, photographs, illustrations, graphics, other visuals, video, copy, software, etc.), code, data and materials on the Site, and the look and feel, design, compilation and organization thereof, including, but not limited to, any copyrights, trademark rights, patent rights, database rights, moral rights and other intellectual property and proprietary rights therein. Your use of the Complimentary Marketing Microsite does not grant you ownership of any content, code, data or materials that you may access on the Site. All information you submit to Gutter Growth is held as confidential and is not shared with anyone other than those who will help complete the job you contract us for. All fee-based content we provide is considered a “work for hire” and all copyrights belong to you, the client, unless otherwise specified in an agreement between you and Gutter Growth. Gutter Growth agrees not to reuse or redistribute the content we provided to you as long as you have paid in full for the content. Gutter Growth cannot be held responsible for similar content appearing anywhere nor can we be responsible for someone else misusing your content. It is your responsibility to police the content and protect your copyrights.

EXCLUSIVITY

It is our practice to offer exclusivity to companies in the verticals we serve. Exclusive representation is not given to every client in every local market and must be qualified for. To qualify to be exclusive with Gutter Growth, you must spend a minimum amount on a monthly basis to our agency. Each vertical we service has a different minimum amount. An exclusive territory is a 30 mile radius around the clients primary office location/headquarters. It is our best practice to not have any clients territories overlap but in some cases it is unavoidable. In these situations, we always use our highest discretion to consider our exclusive clients needs first and make our best informed decision before taking on a new client. Gutter Growth has the right to refuse service to any potential client seeking to advertise in a territory that is already spoken for. Every shared client that enrolls in services with Gutter Growth that comes direct from a referral or affiliate partner can not be offered exclusivity and is not deemed an exclusive client. Exclusivity solely applies to clients that come to Gutter Growth direct and not from affiliations.

TERMINATION

Gutter Growth has the right to terminate your account at any time for any reason and you “the customer” or “account holder” has the right to terminate your account at any time for any reason within the guidelines of our Billing and Payments Section.

CAMPAIGN OWNERSHIP

All advertising campaigns are the property of Gutter Growth unless otherwise stated in an additional contract or addendum.

BILLING AND PAYMENTS

Gutter Growth has specific policies concerning billing and payments. ALL products offered by Gutter Growth fall under this scope, including but not limited to the following packages: Mastermind Membership, Business Consulting and Monthly Personal Coaching. Payments may be made by credit card. Set-up fees charged for account creation and establishment are not refundable. ALL accounts are put on a recurring payment cycle, unless specified otherwise by the customer at point of sale. Any client wishing to be taken off recurring status, pause an account, or cancel an account must contact Gutter Growth at [email protected]

at least 30 business days prior to the due date of their next payment. ALL payments will be billed on the same day of the month for the upcoming months work, unless specified otherwise by the customer at point of sale. Any declined payments will be charged a $75 late fee after being delinquent for 7 days, if after 14 days there is no communication, membership will then be paused.

LIMITATION OF LIABILITY

IN NO EVENT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL GUTTER GROWTH OR ITS AFFILIATES OR ANY OF ITS AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, TRUSTEES, AGENTS OR CONTENT OR SERVICE PROVIDERS (COLLECTIVELY, THE PROTECTED ENTITIES) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, YOUR PROVISION OF INFORMATION VIA THE SITE, LOST BUSINESS OR LOST SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL THE PROTECTED ENTITIES BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE SITE. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS OF SERVICE OR YOUR USE OF THE SITE EXCEED, IN THE AGGREGATE, THE AMOUNT, IF ANY, PAID BY YOU TO GUTTER GROWTH FOR YOUR USE OF THE SITE OR PURCHASE OF PRODUCTS VIA THE SITE.

INDEMNIFICATION

We control and operate the Site from our offices in the United States of America. We do not represent that materials on the Site are appropriate or available for use in other locations. Persons who choose to access the Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable. This Terms of Services Agreement and the relationship between you and us shall be governed by the laws of the United States and the State of Florida, without regard to its conflict of law provisions. All parties agree that in the event of any dispute with respect to this Terms of Services Agreement or any respective obligations hereunder, such dispute shall be settled by arbitration in the County of Palm Beach, State of Florida, in accordance with the commercial rules of the American Arbitration Association. Any award rendered by the arbitrators shall be final and judgment may be entered upon it in any court of competent jurisdiction. Our failure to exercise or enforce any right or provision of this Terms of Services Agreement shall not constitute a waiver of such right or provision. If any provision of this Terms of Services Agreement 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 this Terms of Services Agreement remain in full force and effect.

REPRESENTATIONS AND WARRANTIES

THE SITE AND ITS SERVICES, CONTENT, FUNCTIONS AND MATERIALS ARE PROVIDED “AS IS,” “AS AVAILABLE”, AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS OR CONTENT OF INFORMATION ON THE SITE, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND WE HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE (INCLUDING, WITHOUT LIMITATION, THROUGH OUR BLOG(S)) SHALL CREATE ANY WARRANTY. GUTTER GROWTH ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE SITE. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE. WE RESERVE THE RIGHT TO CHANGE OR MAKE CORRECTIONS TO ANY OF THE INFORMATION PROVIDED ON THE SITE AT ANY TIME AND WITHOUT ANY PRIOR WARNING. WE CANNOT, AND DO NOT, GUARANTEE THE CORRECTNESS, PRECISION, THOROUGHNESS OR COMPLETENESS OF ANY OF THE INFORMATION AVAILABLE ON THE SITE, NOR WILL WE BE LIABLE FOR ANY INACCURACY OR OMISSION CONCERNING ANY OF THE INFORMATION PROVIDED ON THE SITE. WITHOUT LIMITATION OF THE ABOVE IN THIS SECTION, WE HEREBY DISCLAIM, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND REPRESENTATIONS MADE IN PRODUCT OR SERVICES LITERATURE, FREQUENTLY ASKED QUESTIONS DOCUMENTS AND OTHERWISE ON THE SITE OR IN CORRESPONDENCE WITH GUTTER GROWTH OR ITS AGENTS.

INTELLECTUAL PROPERTY NOTICE

The trademarks, logos, service marks and trade names (collectively the “Trademarks”) displayed on the Web Site or on content available through the Web Site are registered and unregistered Trademarks of Gutter Growth and other owners and may not be used unless authorized by the trademark owner. Gutter Growth will enforce its Trademark rights to the fullest extent of the law.