Effective June 07, 2024
Thanks for signing up for ABLE!! We are excited you are here, but first, we must get some legal stuff out of the way so you can quickly be well on your way to sustainable growth. Below are the rules for using ABLE. Please read them carefully.
When you use any of the Growth Partnership’s products or services, you are agreeing to these latest Terms and Conditions (“Terms”). Violation of these terms may, at our discretion, result in us terminating your account.
Definitions
“Company”, “we”, “our”, or “us” in any of our policies or terms, refers to The Growth Partnership.
“Services” refers to our websites, including growwithable.com, my.growwithable.com, and any product created and maintained by The Growth Partnership. That includes the ABLE system whether delivered within a web browser, desktop application, mobile application, or another format.
“You” are the “User” or “Client,” meaning the person or business accessing the “Website” (www.growwithable.com and my.growwithable.com) and our services
(“the ABLE system”).
Rules were meant to be followed. Don’t do anything illegal on the site, and PLEASE don’t hack us!
You shall not use the Services for any illegal purposes and will use it in compliance with all applicable laws and regulations. You agree not to use the Services in a way that will cause interruption, damage, or render the Services less effective, efficient, or functional. You agree not to attempt unauthorized access to any part or component of the Services.
Account Terms
You are responsible for maintaining the security of your account and password. You are responsible for the accuracy, completeness, legality, safety, right-of-use, and confidentiality of the information contained in your account. Your account is not transferrable to another person or third party.
Your individual account must be associated with an organization registered with the ABLE system. You may lose access to your account at the discretion of the registrant organization at any time and without advance notice. You represent that you are legally authorized to use, share, and submit the data you submit to the ABLE system on behalf of yourself and your registrant organization and that your use and submission of such data will not infringe upon or violate any law, regulation, or third party right.
You agree not to use the ABLE system in any way that violates federal, state, local, or international laws or regulations. You agree not to use the ABLE system to transmit unsolicited messages, advertising, or promotional material to users who have not expressly agreed to receive such material. You agree not to engage in spamming or other impermissible advertising, marketing, or other activities, including, without limitation, any activities that violate anti-spamming laws and regulations, including, without limitation, the CAN-SPAM Act of 2003.
You agree to accept full responsibility for all activities in or through your account. You further agree not to hold us responsible for any damages caused to you, your account, a registrant organization, the ABLE system, third-party accounts, or third parties, resulting in whole or in part from your data submission to the ABLE system. See the Limitation of Liability/Indemnification section below.
Nothing in these Terms and Conditions is intended to or does create any joint venture, creditor-debtor, escrow, partnership, or any employer/employee or fiduciary or franchise relationship between you and us (or any of our affiliates).
Limitation of Liability/Indemnification
YOU AGREE TO BE FULLY RESPONSIBLE FOR, TO DEFEND, AND FULLY INDEMNIFY US AGAINST ALL CLAIMS, LIABILITY, DAMAGES, LOSSES, COSTS, AND EXPENSES (THAT INCLUDES LEGAL FEES), ARISING OUT OF ANY BREACH OF THESE TERMS AND CONDITIONS OR USE OF THE WEBSITE BY YOU OR YOUR AFFILIATES, CLIENTS, OR ANY OTHER PERSON ACCESSING THE WEBSITE FROM YOUR COMPUTER, MOBILE DEVICE, OR ACCOUNT. WE WILL NOT BE LIABLE, IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, FOR NEGLIGENCE), OR OTHERWISE, FOR ANY CLAIMS, DEMANDS, LOSSES, DAMAGES, OR OTHER COSTS (INCLUDING ATTORNEYS’ FEES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE, YOUR INABILITY TO USE THE WEBSITE, INFORMATION ON THE WEBSITE OR ANY LINKED-TO WEBSITES, OR ITS PRODUCTS OR SERVICES. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Intellectual Property
The ABLE system and its content, features, and functionality (including all information, software, text, displays, images, video and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material. United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws protect them. You must not delete or alter any copyright, trademark, or other proprietary rights notices from the Website or materials obtained via the Website.
Subject to these Terms and Conditions, you have a limited license to use the Website only for personal and other lawful uses. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any proprietary content and materials on the Website. No right, title, or interest in or to the Website or its content is transferred to you, and all rights not expressly granted are reserved by the Company, its licensors, or other providers.
You give us a limited license to use the content posted by you to provide our services to you, but we claim no ownership rights over those materials. All materials you submit to our services remain yours.
Site Security
We take the security of our Website seriously! We work with the global hosting platform Nexcess to protect the data on the Website. While no site can ever claim to be 100% secure, here are some details about our security:
- Managed server software and security updates
- Software application firewall
- Server security hardening and management
- Daily R1Soft full server backups
- Secure Socket Layer encryption on all web traffic
- Encryption of passwords stored in the system. Personal Data Breach Notification ABLE will notify Customer without undue delay after becoming aware of any Personal Data Breach and provide reasonable information in its possession to assist Customer in meeting Customer’s obligations to report a Personal Data Breach as required under Data Protection Law. ABLE may provide such information in phases as it becomes available. Such notification will not be interpreted or construed as an admission of fault or liability by ABLE. Except to the extent required by applicable law, neither party will notify any third party or make any public announcement regarding an incident involving Personal Data or any Personal Data Breach in a manner that would identify the other party without the other party’s written consent (not to be unreasonably withheld).
API Terms
We offer an Application Program Interface (“API”) for our services. Any use of the API, including through a third-party product that accesses our services, is bound by these Terms and Conditions plus the following specific terms:
- You expressly understand and agree that we are not liable for any damages or losses resulting from your use of the API or third-party products that access data via the API.
- Third parties may not access and employ the API if the functionality is part of an application that remotely records, monitors, or reports a user’s activity other than time tracking, both inside and outside the applications. The Company, in its sole discretion, will determine if an integration service violates this bylaw. A third party that has built and deployed an integration for the purpose of remote user surveillance will be required to remove that integration.
- Abuse or excessively frequent requests to our services via the API may result in the temporary or permanent suspension of your account’s access to the API. The Company, in its sole discretion, will determine abuse or excessive usage of the API. If we need to suspend your account’s access, we will attempt to warn the account owner first. If your API usage could or has caused downtime, we may cut off access without prior notice.
Termination or Modification of Service
We can shut down your account or accounts associated with a registrant organization at any time. But wait— so can you! The Growth Partnership reserves the right to limit or terminate your website access at any time at its sole discretion, with or without notice. We also may modify, withdraw, or amend the Website and any content, service, or product on the Website at any time, in our sole discretion.
Third-Party Sites and Services
We do our best to ensure our stuff is safe and secure, but we can’t do that for everyone on the Internet. The Website may contain links to other websites. We do not control those sites and do not endorse the third- party content contained in and accessible from those links. We will not be held responsible for any information on these linked sites or the consequences of visiting these sites.
Copyright
We respect the intellectual property rights of others. If you believe that any material on the Website infringes upon any copyright you own or control, in accordance with the Digital Millennium Copyright Act (17 U.S.C. § 512), you may send a written notification of such infringement to us at:
Attn: Copyright Agent
The Growth Partnership
303 Evernia Street, Suite 300
West Palm Beach, FL 33401
E: [email protected]
Privacy Policy
It’s not 1984 here. We value your privacy as much as you do! We value our relationship with our users and the firms they work for. We take your privacy very seriously. We will never sell your personal information; we’ll work hard to protect it. When you visit the Website, additional information may be requested so that you can participate fully in the ABLE system. Our site, like many on the Internet, uses cookies. These small text files written onto your hard drive contain your User ID and enhance your experience using the website. For more information about our privacy practices, you can read our Privacy Policy.
Class Action Waiver
You understand and agree that any proceedings to resolve or litigate any dispute relating to the ABLE system or your use of the ABLE system in any forum will be conducted solely on an individual basis. You agree that your dispute will not be heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity. No proceeding will be combined with another without the prior written consent of all parties to all affected proceedings.
Force Majeure
Except for payment obligations of amounts due under this Agreement, neither party will be responsible for failure or delay of performance if caused by an act of war, hostility, or sabotage; act of God; electrical, internet, or telecommunication outage that is not caused by the obligated party; government restrictions; pandemic; or other event outside the reasonable control of the obligated party. Each party will use reasonable efforts to mitigate the effect of a force majeure event.
Severability
If any provision is found to be invalid, the remaining provisions will continue to be in full force and effect.
Changes in Terms and Conditions
We reserve the right to change our mind, but don’t worry. We will tell you if we do. These Terms and Conditions may be amended occasionally at our sole discretion. The most current version of these Terms and Conditions will nullify all previous versions. When we update or change these Terms and Conditions, we will post the new ones here, noting the date at the top of this page. Your continued use of the Services after posting the revised Terms and Conditions means that you accept and agree to all changes.
Contact Us
Have your people call our people. If you have questions, we are happy to answer them; if we cannot, we will refer you to our attorney.
The Growth Partnership
303 Evernia Street, Suite 300
West Palm Beach, FL 33401
E: [email protected]