Growth Partners Arizona Terms and Conditions

 

Last Updated: August 13, 2021

 

These are the Terms and Conditions governing the use of our website accessible from https://growthpartnersaz.org (“Site”) and the online services available through the Site (“Services”).  They set out the rights and obligations of all users regarding the use of the Site and Services. Please read them carefully.

These Terms and Conditions apply to all visitors, users and others who access or use the Site and/or Services. Your access to and use of the Site and Services is conditioned on your acceptance of and compliance with these Terms and Conditions.

By accessing and/or using the Site and/or Services, you agree to be bound by these Terms and Conditions. If you disagree with any part of these Terms and Conditions, then you may not access the Site or Services.

Your access to and use of the Site and/or Services is also conditioned on your acceptance of and compliance with the Online Privacy Policy of the Company. Our Privacy Policy describes our policies and procedures on the collection, use and disclosure of your information when you access or use the Site or Services and tells you about your privacy rights and how the law protects you. Please read our Online Privacy Policy carefully before using our Site or Services.

Our Site and Services are intended for a U.S. audience.  If you visit or use the Site or Services, your information may be transferred or processed in the United States.

 

Our Site and Services are not intended for anyone under the age of eighteen (18).

 

 

 

 

 

Definitions

For the purposes of these Terms and Conditions:

Account means a unique account created for you to access our Site and/or Services.

Company (referred to as either “the Company”, “We”, “Us” or “Our”) refers to Growth Partners Arizona, which operates growthpartnersaz.org.

Country refers to the United States.

Device means any device that can access the Site and Services such as a computer, a cellphone or a digital tablet.

You means the individual accessing or using the Site or Service or the person or other legal entity on behalf of which you are accessing or using the Site or Service, as applicable.

Intellectual Property

The Site and Services and their original content (excluding content provided by you or other users), features and functionality are and will remain the exclusive property of the Company and its licensors.

The Site and Services are protected by copyright, trademark, and other laws of the United States.

The works of authorship contained in the Site, including without limitation all design, text, sound recordings and images, are owned, except as otherwise expressly stated, by the Company. Except as otherwise expressly stated herein, they may not be copied, transmitted, displayed, performed, distributed (for compensation or otherwise), licensed, altered, framed, stored for subsequent use or otherwise used in whole or in part in any manner without the Company’s prior written consent, except to the extent permitted by the Copyright Act of 1976 (17 U.S.C. § 107), as amended, and then, only with notices of the Company’s proprietary rights, provided that you may download information and print out hard copies for your personal use, so long as you do not remove any copyright or other notice as may be contained in information, as downloaded.

Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.

Unauthorized Use

The unauthorized use of the Site and Services, including without limitation unauthorized entry into the Company’s systems, misuse of passwords, posting of objectionable or offensive content or your unauthorized use of legally protected third party content, or misuse of any information posted on the Site is strictly prohibited.

If you use the Site or Services to access data related to any account(s) that you are not authorized to access, you shall indemnify, defend, and hold harmless the Company and all of its direct and indirect subsidiaries, officers, directors, employees, agents, successors, and assigns from any and all losses, liabilities, damages, and all related costs and expenses, arising from, relating to, or resulting (directly or indirectly) from such access. Further, without limiting the Company’s rights or your obligations under any other provision of these Terms and Conditions, and notwithstanding the same, in the event of any actual or reasonably suspected unauthorized access to the Information of a person or entity under your control or subsequent to and arising from your past exercise of control, direct damages in connection with any such breach will include the cost and expenses of investigation and analysis (including by law firms and forensic firms), correction or restoration of any destroyed, lost or altered data, notification to affected customers, offering and providing of credit monitoring, customers service, or other remediation services, and any related cost.

The Company’s rights to indemnity under this section are in addition to all other rights and remedies available at law or in equity. Any exercise by the Company of its rights to indemnification shall be without prejudice to such other rights and remedies.

You consent to this indemnity by accessing account data through the Site notwithstanding the terms of any agreement you have with any other person or entity stating otherwise. This indemnity includes but is not limited to losses associated with (1) a data breach of your system(s) and (2) a data breach of the system(s) of any person or entity with whom you provided or shared customer account data.

Termination

You agree that (i) you will not engage in any activities related to the Site and/or Services that are contrary to applicable law, regulation or the terms of any agreements to which you are a party or by which you are bound, and (ii) in circumstances where locations of the Site require identification for process, you will establish commercially reasonable security procedures and controls to limit access to your password or other identifying information to authorized individuals.

We may terminate or suspend your access immediately, without prior notice or liability, for the unauthorized use and/or for any reason whatsoever, including without limitation if you otherwise breach these Terms and Conditions.

Upon termination, your right to use the Site and/or Services will cease immediately.

Limitation of Liability

BECAUSE OF THE POSSIBILITY OF HUMAN AND MECHANICAL ERROR AS WELL AS OTHER FACTORS, THE SITE AND SERVICES (INCLUDING ALL INFORMATION AND MATERIALS CONTAINED ON THE SITE) ARE PROVIDED “AS IS” “AS AVAILABLE”. THE COMPANY AND THIRD PARTY DATA PROVIDERS ARE NOT PROVIDING ANY WARRANTIES AND REPRESENTATIONS REGARDING SITE AND DISCLAIM ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND WITH REGARD TO THE SITE AND SERVICES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF THIRD PARTY RIGHTS, FREEDOM FROM VIRUSES OR OTHER HARMFUL CODE, OR FITNESS FOR ANY PARTICULAR PURPOSE. FURTHER, THE COMPANY WILL NOT BE LIABLE FOR ANY DELAY, DIFFICULTY IN USE, INACCURACY OF INFORMATION, COMPUTER VIRUSES, MALICIOUS CODE OR OTHER DEFECT IN THE SITE, OR FOR THE INCOMPATIBILITY BETWEEN THE SITE AND FILES AND THE USER’S BROWSER OR OTHER SITE ACCESSING PROGRAM. THE COMPANY WILL NOT BE LIABLE FOR ANY OTHER PROBLEMS EXPERIENCED BY THE USER DUE TO CAUSES BEYOND THE COMPANY’S CONTROL. NO LICENSE TO THE USER IS IMPLIED IN THESE DISCLAIMERS.

THE COMPANY DOES NOT WARRANT THE ACCURACY, ADEQUACY, OR COMPLETENESS OF THE INFORMATION AND MATERIALS CONTAINED ON THE SITE AND EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS THEREIN. NOTHING HEREIN SHALL BE CONSTRUED AS LIMITING OR REDUCING THE COMPANY’S RESPONSIBILITIES AND OBLIGATIONS TO CLIENTS IN ACCORDANCE WITH APPLICABLE LAWS AND REGULATIONS.

UNDER NO CIRCUMSTANCES WILL THE COMPANY BE LIABLE FOR ANY LOST PROFITS, LOST OPPORTUNITY OR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF ANY USE OF OR INABILITY TO USE THE SITE AND/OR SERVICES OR ANY PORTION THEREOF, REGARDLESS OF WHETHER THE COMPANY HAS BEEN APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, TORT, (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE.

 

Potential Disruption of Service

Access to the Site and/or Services may from time to time be unavailable, delayed, limited or slowed due to, among other things:

-Hardware failure, including among other things failures of computers (including your own computer), servers, networks, telecommunication lines and connections, and other electronic and mechanical equipment

-Software failure, including among other things, bugs, errors, viruses, configuration problems, incompatibility of systems, utilities or applications, the operation of firewalls or screening programs, unreadable codes, or irregularities within particular documents or other content

-Overload of system capacities

-Damage caused by severe weather, earthquakes, wars, insurrection, riots, civil commotion, act of God, accident, fire, water damage, explosion, mechanical breakdown or natural disasters

-Interruption (whether partial or total) of power supplies or other utility of service

-Strike or other stoppage (whether partial or total) of labor

-Governmental or regulatory restrictions, exchange rulings, court or tribunal orders or other human intervention

-Any other cause (whether similar or dissimilar to any of the foregoing) whatsoever beyond the control of the Company.

Governing Law

The laws of the United States, in general and of the State of Arizona in particular, excluding its conflicts of law rules, shall govern these Terms and Conditions and your use of the Service. Your use of the Services may also be subject to other local, state, national, or international laws.

Dispute Resolution

If you have any concern or dispute about the Site or Services, you agree to first try to resolve the dispute informally by contacting the Company.

Severability and Waiver

Severability

If any provision of these Terms and Conditions is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

 

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms and Conditions shall not affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.

Changes to These Terms and Conditions

We may modify or replace these Terms and Conditions at any time.  When we do, we will let you know by appropriate means such as by posting the revised Terms and policy on this page with a new “Last Updated” date.  Any changes to these Terms and Conditions will become effective when posed unless indicated otherwise.

By continuing to access or use the Site and Services after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please stop using the Site and Services.

Contact Us

If you have any questions about these Terms and Conditions, you can contact us:

By email:

By visiting this page on our website: www.growthpartnersaz.org/contact-growth-partners-arizona/

By phone: (520) 382-9218 ext. 3

By mail: 333 N Wilmot Rd. Ste. 227 Tucson, Arizona 85711