Welcome to the family of platforms and websites provided by Growth Of The Phoenix (GOTP)! These Terms and Conditions govern your access to and use of all GOTP’s Platforms. By using the GOTP Platforms, you affirm that you are of legal age to enter these Terms, or, if you are not, that you have obtained parental or guardian consent to enter into these Terms and your parent or guardian consents to these Terms on your behalf.
If you violate or do not agree to these Terms, then your access to and use of the Platforms is unauthorized. By accessing this Platform, you accept these terms and conditions. Do not continue to use GOTP if you do not agree to take all of the terms and conditions stated on this page.
Terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and all Agreements: "Client", "You" and "Your" refers to you, the person who logs on this website and compliant to the Company’s terms and conditions. "The Company", "Ourselves", "We", "Our" and "Us", refers to our Company, Growth Of The Phoenix. "Party", "Parties", or "Us", refers to both the Client and ourselves. “Property”, refers to any right, title or interest in property or assets of any kind whatsoever, whether real, personal, or mixed and whether tangible or intangible. All terms refer to the offer, acceptance, and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services, in accordance with and subject to, prevailing law. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.
Unless otherwise stated, GOTP and/or its licensors own the intellectual property rights for all material on the GOTP Platforms. All intellectual property rights are reserved. You may access this from www.gotp.net for your own personal use subjected to restrictions set in these terms and conditions.
Without written consent, you must not:
a) Republish material from GOTP;
b) Sell, rent or sub-license material from GOTP;
c) Reproduce, duplicate or copy material from GOTP; or
d) Redistribute content from GOTP
Parts of our Platforms offer an opportunity for users to post and exchange opinions and information. GOTP does not filter, edit, publish or review Comments prior to their presence on the website or platforms. Comments do not reflect the views and opinions of GOTP, its agents, any level of government and/or its affiliates. Comments reflect the views and opinions of the person who post their views and opinions only.
To the extent permitted by applicable laws, GOTP shall not be liable for the Comments or for any liability, damages or expenses caused and/or suffered because of any use of and/or posting of and/or appearance of the Comments on the GOTP Platforms.
GOTP reserves the right to monitor all Comments and to remove any Comments which causes breach of these Terms and Conditions.
3) You warrant and represent that:
a) You are entitled to post the Comments, Photographs, and Content on our website and have all necessary licenses and consents to do so;
b) The Comments, Photographs, and Content do not invade any intellectual property right, including without limitation copyright, patent or trademark of any third party;
c) The Comments, Photographs, and Content do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material which is an invasion of privacy; and
d) The Comments, Photographs, and Content will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.
You hereby grant GOTP a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments, Photographs, and Content in any and all forms, formats or media.
4) Prohibited Content
You agree that you will not make available Content in connection with the GOTP Platform that:
a) victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability;
b) is false, fraudulent, inaccurate, misleading or promotes illegal activity;
c) violates any local, state, federal, or international laws or is otherwise tortious;
d) is derogatory, defamatory, threatening, obscene, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by GOTP in its sole discretion; or
e) is intended to cause harm, damage, disable, or otherwise interfere with the GOTP platform or our partners.
5) Permission to Use Name & Logos
You grant to GOTP, an unrestricted right and license to use your individual and/or company name, logo and/or relevant trademarks (“Properties”) to market and promote the Platform, Products, and Services provided by GOTP and it’s affiliated partners. This includes the worldwide right to copy, translate, broadcast, transmit, distribute, exhibit, perform, publish and display the Properties as incorporated into GOTP’s marketing and promotional materials.
GOTP is granted no other rights to the Properties and acknowledges that it shall not gain any proprietary interest in the Properties.
GOTP is under no obligation to make use of or to provide compensation for any of the rights or permissions granted. Bonsai shall be the exclusive owner of all right, title, and interest, including copyrights, in GOTP’s marketing and promotional materials.
6) Hyperlinking to our Content
The following organizations may link to our Website or Platforms without prior written approval:
a) Government agencies;
b) Search engines;
c) News organizations; and
d) Organizations which we hold membership.
These organizations may link to our home page, to publications or to other Website information so long as the link:
a) is not in any way deceptive;
b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and
c) fits within the context of the linking party’s site.
We may consider and approve other link requests in writing from other types of organizations.
We will approve link requests from these organizations if we decide that:
a) the link would not make us look unfavorably to ourselves or to our accredited businesses;
b) the organization does not have any negative records with us;
c) the benefit to us from the visibility of the hyperlink compensates the absence of GOTP; and
d) the link is in the context of general resource information.
If you are interested in linking to our website, you must inform us by sending an e-mail to firstname.lastname@example.org. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Responses may take 2-3 weeks.
Approved organizations may hyperlink to our Website as follows:
a) by use of our corporate name; or
b) by use of the uniform resource locator being linked to; or
c) by use of any other description of our Website being linked to that makes sense within the context and format of content on the linking party’s site.
No use of GOTP's logo or other artwork will be allowed for linking absent a trademark license agreement.
7) Content Liability
We shall not be held responsible for any content that appears on your Website or within your Platforms. You agree to protect and defend us against all claims that may rise from your Website. No link(s) should appear on any Website that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third-party rights.
8) Your Privacy
9) Reservation of Rights
We reserve the right to request that you remove all links or mentions of GOTP Platforms or any particular Website or Social Media outlet. You approve to immediately remove all links to our Website upon request. We also reserve the right to amend these terms and conditions and it’s linking policy at any time. By utilizing our Website, you agree to be bound to and follow these terms and conditions.
10) Removal of information from our platforms
If you find any content on our Platforms that is offensive for any reason, you are free to contact and inform us at any moment. We will consider requests to remove links or content, but we are not obligated to or so or to respond to you directly.
Though we will try our best, we do not ensure that the information on this website is correct, complete, or accurate; nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.
For Services offered on a payment or subscription basis, the following terms apply, unless GOTP or its third-party affiliate notifies you otherwise in writing. This Agreement also incorporates by reference and includes program ordering and payment terms provided to you on the website for the Services:
Payments will be billed to you in U.S. dollars (plus any and all applicable taxes and processing fees as shown in the invoice and/or subscription terms, and your account will be debited when you subscribe and provide your payment information.
You must pay with one of the following:
a) A valid credit or debit card acceptable to GOTP
b) Sufficient funds in a checking or savings account to cover an electronic debit of the payment due; or by another payment option Intuit provides to you in writing.
If your payment and registration information is not accurate, current, and complete and you do not notify us promptly when such information changes, we may suspend or terminate your account and refuse any use of the Services.
If you do not notify us of updates to your payment method (e.g., credit card expiration date), to avoid interruption of the Services, we may participate in programs supported by your card provider (e.g., updater services, recurring billing programs, etc.) to try to update your payment information, and you authorize us to continue billing your account with the updated information that we obtain.
Unpaid invoices may result in a non-compounding late fee up to 5% of the outstanding amount.
GOTP will automatically renew your monthly, quarterly, or annual Services at the then-current rates, unless the Services subscription is cancelled or terminated under this Agreement.
Proposals, contracts, and invoices will be specifically tailored to a project or agreement and may expand upon these Terms of Service. Full copy of the proposal will be provided to you and approved as discussed at consultation before work will begin.
12) Confidentiality and Non-Disclosure
To facilitate services provided through the Platform, you may provide confidential project-related information, including, but not limited to, the terms of any contracts executed on the Platform.
GOTP agrees not to disclose any Confidential Information to any third party for any reason without your prior written consent. GOTP will not disclose any Confidential Information to any person or entity.
You understand and agree that GOTP’s employees shall be able to access and review the Content and other Confidential Information to enable the delivery of the Services in accordance with these Terms of Service.
In the event GOTP is requested or required by legal process to disclose any of the Confidential Information, GOTP shall give you prompt notice so that you may seek a protective order or other appropriate relief prior to any such disclosure. If such protective order is not obtained, GOTP shall disclose only that portion of the Confidential Information that its legal counsel advises that it is legally required to disclose and shall work with the owner of such Confidential Information to minimize the extent and effect.
Notwithstanding the foregoing, GOTP may reference on the GOTP website and related Platforms, project-related details regarding overall fees paid or the length and type of engagement to promote and improve the services.
13) Information & Services Disclaimer
GOTP is not a law firm or an attorney in any industry. GOTP may provide digital solutions, advice, and services to individuals or organizations. The Services and related documents and materials provided by GOTP do not constitute legal advice and are for your private use. GOTP does not review the information you provide for legal accuracy or sufficiency. If you need legal advice as to specific contract terms or have questions regarding a term’s applicability or enforceability, you should consult with a licensed attorney.
GOTP, its Services, and its Content are not a substitute for legal advice from a qualified attorney licensed to practice in an appropriate jurisdiction.
To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our Platforms and the use of the GOTP website. Nothing in this disclaimer will:
a) limit or exclude our or your liability for death or personal injury;
b) limit or exclude our or your liability for fraud or fraudulent misrepresentation;
c) limit any of our or your liabilities in any way that is not permitted under applicable law; or
d) exclude any of our or your liabilities that may not be excluded under applicable law.
The limitations and prohibitions of liability set in this section and elsewhere in this disclaimer are subject to the preceding paragraph and govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort and for breach of statutory duty.
We cannot predict when issues might arise with our Platform or Products. Accordingly, our liability shall be limited to the fullest extent permitted by applicable law, and under no circumstance will we be liable to you for any lost profits, revenues, information, or data, or consequential, special, indirect, exemplary, punitive, or incidental damages arising out of or related to these Terms or the GOTP Products (however caused and on any theory of liability, including negligence), even if we have been advised of the possibility of such damages.
This information is current and has been updated as of July 29, 2022.