terms of use
DGE TERMS OF USE
Welcome to DunnGrowthExperts.com and related websites, and their web pages, interactive features and applications, their respective contents, and any other associated interactive content, whether accessed via computer, mobile device or other technology (collectively, the “Site”), which is owned and operated by Dunn Growth Experts, LLC. (“we,” “us,” or “our”).
These Terms of Use Agreement (“Terms”) apply to the Site (the “Site”). Your use of the Site is governed by these Terms regardless of how you access the Site. Additional terms and conditions may also apply to specific Site or features of the Site, including promotions or other similar features; such additional terms and conditions are considered incorporated into the Terms. By accessing or using the Site, you acknowledge that you have read, understood and agree to the Terms. If you do not agree to the Terms, you are not authorized to use or access the Site.
1. Ownership.
The Site and all content provided on or via the Site is either owned or used under license by us, and is protected by U.S. and international copyright and other intellectual property laws (“DGE-IP”). Any rights not expressly granted to you in these Terms are reserved by us and our licensors. DGE-IP may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without our prior written permission and the prior written permission of our applicable licensors. You must abide by all copyright notices, information, or restrictions contained in or attached to any DGE-IP. Nothing in these Terms grants you any right to receive delivery of a copy of any DGE-IP or to obtain access to DGE-IP except as generally and ordinarily permitted through the Site according to these Terms. Furthermore, nothing in these Terms will be deemed to grant you, by implication, estoppel or otherwise, a license to DGE-IP. All trademarks and service marks adopted by DGE, to identify the Site, or any component thereof, including, without limitation, the marks Dunn Growth Experts, DGE, the DGE logo and variations thereof, belong exclusively to us.
2. Use of Site.
Subject to your compliance with the Terms, we grant you a personal, limited, non-exclusive license, solely for your personal educational and/or professional development purposes, (i) to access and view content found on the Site (“DGE-Content”). Except for the foregoing limited license, all rights in DGE-Content, including, without limitation DGE-IP, are reserved by us and our licensors. Any other use of DGE Content, including without limitation the public performance or display of any DGE-Content, is strictly prohibited.
You agree not to: (i) attempt to reconstruct, identify or discover any source code, underlying user interface techniques or algorithms of the Site by any means, or disclose any of the foregoing; (ii) provide, rent, lease, lend, or use the Site for timesharing, subscription, or service bureau purposes; or (iii) sublicense, transfer or assign any of the rights or licenses granted under this Agreement. You shall not make available nor distribute unauthorized copies or transmissions of DGE-Content to any third party.
DGE-Content and all other features, attributes or aspects of the Site are subject to change, modification, additions or deletions at any time without notice in our sole discretion. We reserve the right to remove DGE-Content from the Site at any time in our sole discretion without any notice or liability to you.
You shall be solely responsible for the security of your computer and networking systems used to access the Site.
Personally identifiable information submitted by you shall be subject to the Site’s Privacy Policy available at Privacy Policy.
3. Modifications.
We may change the terms of these Terms from time to time on a going-forward basis. It is your sole responsibility to check the Site from time to time to view any such changes to these Terms. If you do not agree to any changes, if and when such changes may be made to the Terms, you must stop using the Site.
4. Disclaimer of Warranties.
THE SITE IS PROVIDED “AS IS.” WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE, INCLUDING, WITHOUT LIMITATION, ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
5. Indemnification.
You shall indemnify, defend and hold us and our directors, officers, employees, agents and affiliates harmless from and against any and all third-party claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys' fees) to the extent attributable to your breach of these Terms.
6. LIMITATION OF LIABILITY.
WE SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES, UNDER ANY CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, REVENUE OR SAVINGS, LOSS OF GOODWILL, EVEN IF WE HAVE BEEN ADVISED OF, KNEW, OR SHOULD HAVE KNOWN, OF THE POSSIBILITY THEREOF.
7. Mobile Site.
If, as permitted or available through any feature of the Site, you access the Site using text messaging or a mobile device or application, you are responsible for any and all service fees associated with any such mobile access, including all applicable data fees, and for complying with all terms of use imposed by the carrier.
8. Feedback.
By sending us any ideas, comments, suggestions, questions or other material, you grant us an unrestricted, royalty-free, worldwide, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute such material in any manner, including in connection with our business, and you also agree that we are free to use any ideas, concepts, know-how or techniques that you send us for any purpose. You agree that no comments or other information submitted by you to us will violate any personal or proprietary right of any third party (including, without limitation, copyright, trademark or trade secret rights). You agree that you shall remain solely liable for the contents of any comments or other information submitted by you to us. You also agree that we are under no obligations of confidentiality, whether express or implied, with respect to any ideas, comments, suggestions, questions or other material you send us.
9. Third-Party Content.
The Site and Site may contain links to websites not operated by us. Any linked websites are provided for convenience, we do not control such websites, and we are not responsible for the content, products, Site, or practices, including privacy and data gathering practices, of any such websites. Inclusion of linked websites does not constitute or imply any endorsement of the materials on the linked websites or any association with their operators. If you decide to leave the Site and access a linked site, you do so at your own risk and you should be aware that, unless otherwise indicated, these Terms no longer govern.
10. DGE Deliverables.
DGE is in the business of providing revenue, enterprise value, go-to-market, management, strategy, and executive coaching consulting services solutions including, without limitation, (i) certain customized assessments and reports, such as the DGE Product Solution Assessment, and (ii) pre-paid consultation services offered either in conjunction with the procurement of such assessments and reports or separately (hereinafter “DGE Deliverables”). These Terms are intended for Site visitors only. Provision of DGE Deliverables are governed by the separate terms and conditions of the DGE SPECIFIED DELIVERABLES AGREEMENT found here: https://www.dunngrowthexperts.com/specific-deliverables-agreement/
11. General Terms.
You are responsible for compliance with all applicable laws. These Terms and the relationship between you and us will be governed by the laws of the State of North Carolina, U.S.A., without giving effect to any choice of laws or principles that would require the application of the laws of a different country or state. These Terms are personal to you, and you may not transfer, assign or delegate your right and/or duties under these Terms to anyone else and any attempted assignment or delegation is void. You acknowledge that we have the right hereunder to seek an injunction, if necessary, to stop or prevent a breach of your obligations hereunder. Any delay or failure by us to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. No waiver by us shall have effect unless such waiver is set forth in writing, signed by us; nor shall any such waiver of any breach or default constitute a waiver of any subsequent breach or default. These Terms constitute the complete and exclusive agreement between you and us with respect to their subject matter, and supersede all prior oral or written understandings, communications or agreements. If, for any reason, a court of competent jurisdiction finds any provision of these Terms, or portion thereof, to be unenforceable, that provision of the Terms will be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of these Terms will continue in full force and effect.
Last Updated: April 27, 2018.