END USER LICENCE AGREEMENT
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PLEASE READ CAREFULLY BEFORE USING THIS PRODUCT: This End-User License Agreement ("Agreement") is a legal agreement between (a) you (either an individual or a single entity) and (b) Complete Growth International, LLC. ("Complete Growth") that governs your use of any Software Product, installed on or made available by Complete Growth for use of Growth Charts product. Other software provided by third parties and used with the Growth Charts product may be subject to a separate Agreement. The term " Growth Charts Product" means web-based software (Software as a Service) and may include associated media, printed materials and "online" or electronic documentation. An amendment or addendum to this Agreement may accompany the Complete Growth.
Before your account is created you must fully read and sign this Agreement. BY SIGNING THIS AGREEMENT OR OTHERWISE TAKING ANY STEP TO INSTALL OR USE THE GROWTH CHARTS PRODUCT, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT ACCEPT THESE LICENSE TERMS, your account will not be created and you will not receive permission to use the software. Should you no longer desire to use the software or wish to cancel your account you must immediately notify Complete Growth International, LLC.
1. Grant of Licence
Complete Growth hereby grants you (either an individual person or a single legal entity) the following non-exclusive rights to use, distribute, market, sell and advertise the Growth Charts Product, its software and related documentation solely in accordance with the terms of this Agreement. This Agreement sets forth your rights and responsibilities and other terms and conditions that relate to your use of the Growth Chart Product. Before you use the Growth Charts Product, please read this Agreement as carefully as you would read any other legal documents. If you do not agree with the terms and conditions of this Agreement do not use the Growth Chart Product as per the instructions noted above. Your installation or use of the Growth Chart Product means that you have read and agree to all of the terms and conditions of this Agreement.
2. Reservation of Rights
Complete Growth International, LLC hereby reserves all rights not expressly granted by this Agreement. Nothing in this Agreement shall be construed to constitute a sale or grant of any ownership rights in, to or of the Growth Charts Product. Further, you agree to refrain from any action that would diminish such rights or would call them into question.
You are free to operate your own business as you see fit, including the use of the the Growth Charts product. You have the freedom to price your services as you see fit.
3. Permitted Use
Once you have opened an account you shall be permitted to access the software on any compatible device with an internet connection.
Once you have established an account, you will have
• Access to the complete set of Customer Courtship and Talent Courtship growth management tools
• Use of the intuitive, do-it-yourself Courtship Surveys that are customizable to match your growth objectives
• Real-time access to your Customer Courtship and Talent Courtship scores from any device, anytime, anywhere
• Complimentary, monthly Courtship publication packed with insights to help you find, attract, engage and retain valuable customers and employees
• Access to videos, webinars, testimonials, case studies and other publications to enhance profitable growth
Once you have been accepted into the Complete Growth consultant network, you will receive the following:
15% reduction on Growth Charts pre-paid plans
Consultant Introductory Kit
Use of the Complete Growth and Growth Charts logos
Listing in the Consultants Network directory
Consultants’ social media group for network communications
Posting of approved Consultant blogs on the Complete Growth website
Press release announcing Complete Growth membership
25% off 30-second video announcement
Landing page design
Initial e-mail template to introduce Growth Charts
1-hour consultation with Communications Specialist
Quarterly network calls
Invitation to annual network meeting
$250 Referral Fee for other consultants who purchase a pre-paid plan
As a Complete Growth Consultant, you agree to adhere to the following standards and practices
• Use Growth Chart products
• Properly use the Complete Growth and Growth Charts brands
• Refrain from creating competing products or services
• Properly attirbute any references to Growth Charts in accordance with standard copyright laws
• Not register, in any country, as a copyright, trademark, service mark, design patent or busienss designation, any of Complete Growth or Growth Chart materials or derivations or adaptions terheof or any word, symbol or design which is substantially simliar
4. Prohibited Use
You may not use the Growth Charts Product except as expressly permitted by this Agreement.
5. Reverse Engineering and Copying
You may not reverse engineer, decompile, disassemble or create derivative works of the Growth Chart Product, except and only to the extent that the right to do so is mandated under applicable law. Nothing contained herein shall be construed, expressly or implicitly, as transferring any right, license or title to you other than those explicitly granted under this Agreement. Unauthorized copying of the Complete Growth Product or failure to comply with the above restrictions will result in automatic termination of this Agreement and will constitute immediate, irreparable harm to Complete Growth for which monetary damages alone would be an inadequate remedy, in which case injunctive relief will be an appropriate remedy for such breach.
6. Proprietary Rights
All intellectual property rights in the Growth Charts Product and provided user documentation are owned by Complete Growth International, LLC. and are protected by law, including but not limited to U.S. copyright, trade secret, and trademark law, as well as other applicable laws and international treaty provisions.
7. Consent to Data Use
You understand, acknowledge and agree Complete Growth International, LLC., its affiliates and or its suppliers may collect and use technical information you provide in the form of support services related to the Growth Charts Product. Complete Growth International, LLC., its affiliates and suppliers agree not to use this information in a form that personally identifies you except to the extent necessary to provide such services.
8. Disclaimer You acknowledge that the Growth Chars Product is licenced and or provided to you on an "AS-IS" basis and Complete Growth does NOT represent or warrant that the Growth Charts Product, its use or the work product produced in conjuncture with its use (i) will be uninterrupted and or free of inaccuracies (ii) will fulfill your requirements, and, (iii) will operate in the configuration of or with the hardware or other software you may select. Complete Growth hereby disclaims any and all implied warranties. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPLETE GROWTH AND ITS SUPPLIERS PROVIDE THE GROWTH CHARTS PRODUCT "AS IS, AND HEREBY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, OR STATUTORY.
IN NO EVENT DOES COMPLETE GROWTH PROVIDE ANY WARRANTY OR REPRESENTATIONS WITH RESPECT TO ANY THIRD PARTY HARDWARE OR SOFTWARE WITH WHICH THE GROWTH CHARTS PRODUCT IS DESIGNED TO BE USED, AND COMPLETE GROWTH INTERNATIONAL, LLC. DISCLAIMS ALL LIABILITY WITH RESPECT TO ANY FAILURES THEREOF.
9. Limitation of Liability
In no event will Complete Growth international, LLC. accept total liability, if any, for damages arising from, relating to or connected with the Licence or this Agreement or the Growth Charts Product ever exceed the price you have paid for the Growth Charts Product, regardless of the nature of the claim.
10. Export Restrictions
Your home jurisdiction may have law in place restricting the export of the Growth Charts Product to certain foreign jurisdictions. You are responsible for compliance with all domestic and foreign trade regulations and laws and you further represent and warrant that you shall comply with all domestic and foreign trade regulations and laws.
11. Capacity and Contract
You represent that you are of the legal age of majority in your province, state or jurisdiction of residence and, if applicable, you are duly authorized by your employer to enter into this contract.
12. Applicable Law This Agreement is governed by the laws of Kansas exclusive of conflict of law provisions and you attorn to the jurisdiction of the courts of the state of Kansas with respect to any proceedings arising from this Agreement.
13. The term of this Agreement
The term of this Agreement will continue until you assign the Growth Charts product which may only be done with the express written consent of Complete Growth International, LLC. or until you breach this Agreement in which case you may be held liable for any damages that arise from said breach.
This Agreement supersedes all prior written and oral statements by the parties with respect to the subject matter hereof, including any prior representation, statement, condition or warranty. Any modification of this Agreement must be in writing and be signed by all of the parties.
15. Section TitlesThe headings herein are inserted as a matter of convenience only and do not define, limit or describe the scope of this Agreement or the intent of the provisions hereof.
16. Terms Common nouns and pronouns will be deemed to refer to the masculine, feminine, neuter, singular and plural, as the identity of the person may in the context require.
17. Separability of Provisions Each provision of this Agreement will be considered separable. If, for any reason, any provision or provisions herein are determined to be invalid and contrary to any existing or future law, such invalidity will not impair the operation of or affect those portions of this Agreement which are valid.
18. English Language Version to Govern
In the event of a conflict between the English and any non-English versions of this Agreement, the English version shall govern. If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provision, as noted in clause 17 above, the will remain in full force and effect.
I Agree to the Terms & Conditions stated above.