T.O.S - Terms Of Service
The referred GROWSTATS website (the "Site") is an online information service provided by GROWSTATS ("GROWSTATS"), subject to your compliance with the terms and conditions set forth and outlined here below.
PLEASE READ THIS DOCUMENT VERY CAREFULLY BEFORE ACCESSING OR USING THE SAID SITE. BY ACCESSING OR USING THE SAID SITE, YOU HEREBY AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BY THEM BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS OUTLINED AND SET FORTH, YOU MAY NOT AND CANNOT ACCESS OR USE THE SITE WHATSOEVER. GROWSTATS CAN AND MAY MODIFY THIS AGREEMENT AT ANY GIVEN TIME, AND SUCH MODIFICATIONS SHALL AND WILL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY SO AS TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED AS YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.
1. Copyright, Licenses and Idea Submissions.
The entire contents of the Site are protected by and enforced by international copyright and trademark laws. The sole owner/s of the copyrights and trademarks are that of GROWSTATS, its affiliates or other third-party licensors. YOU THEREFORE CANNOT AND MAY NOT MODIFY, REPRODUCE, COPY, REPUBLISH, POST, UPLOAD, TRANSMIT, OR DISTRIBUTE, THE MATERIAL ON THE SITE IN ANY MANNER WHATSOEVER, INCLUDING AND NOT LIMITED TO TEXT, GRAPHICS, CODE AND/OR SOFTWARE.
Publications, products, content or services referenced herein or on the Site are the exclusive trademarks or servicemarks of GROWSTATS. Other products and company names mentioned in or on the Site may be the trademarks of their respective owners.
3. Use of the Site.
You understand and accept that, except for information, products or services clearly identified as being supplied by GROWSTATS, that GROWSTATS does not operate, control or endorse any information, products or services on the Internet in any way whatsoever. You agree that you are not to promote anything illegal, unethical, or potentially offensive through GROWSTATS via use of the links, ads, emails, or in any other way. You agree you are not to directly or indirectly circumvent, tamper with or defeat the intent, purpose and/or functionality of GROWSTATS. You also understand that from time to time you may and could receive emails with promotional offers from the administrators of the Site. You also understand that violation of these terms can be cause for immediate termination of your account with GROWSTATS.
4. Limitation of Liability.
IN NO EVENT WILL GROWSTATS BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SITE, OR DOWNLOADED FROM THE SITE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF GROWSTATS OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH OR VIA THE SITE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, GROWSTATS LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET. GROWSTATS PROVIDES THE SITE AND RELATED INFORMATION "AS IS" AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SITE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SITE OR ON THE INTERNET GENERALLY, AND GROWSTATS SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SITE OR ON THE INTERNET GENERALLY. GROWSTATS DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK. GROWSTATS HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS. GROWSTATS makes no representations whatsoever about any other website which you may access through this one or which may link to this Site. When you access a non-GROWSTATS website, please understand that it is independent from GROWSTATS, and that GROWSTATS has absolutely no control over the content on that website whatsoever. In addition, a link to a non-GROWSTATS website does not mean that GROWSTATS endorses or accepts any responsibility for the content, or the use of such website.
You agree to indemnify, defend and hold harmless GROWSTATS, its officers, directors, employees, agents, licensors, suppliers and any third-party information providers to the Site from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any such violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing the Site
6. Third-Party Rights.
The provisions of paragraphs 3 (Use of the Site), and 5 (Indemnification) are for the benefit of GROWSTATS and its officers, directors, employees, agents, licensors, suppliers, and any third-party information providers to the Site. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf should the need arise.
7. Term & Termination.
This Agreement may be and can be terminated by either party, without notice, at any time for any given reason. The provisions of paragraphs 1 (Copyright, Licenses and Idea Submissions), 2 (Trademarks), 3 (Use of the Site), 5 (Indemnification), 6 (Third-Party Rights), 9 (Earnings Disclaimer & Forward-Looking Statements) and 10 (Miscellaneous) shall survive any termination of this Agreement
This Agreement shall all be governed and construed in accordance with the laws of The United States of America, applicable to agreements made and to be performed in The United States of America. You agree that any legal action or proceeding between GROWSTATS and you for any purpose concerning this Agreement or the parties' obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in The United States of America. Any cause of action or claim you may have with respect to the Site must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. GROWSTATS's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. GROWSTATS may assign its rights and duties under this Agreement to any party at any time without notice to you. Any rights not expressly granted herein are reserved
9. Refunds and or Cancellation policy
Growstats will refund your money on a Prorata basis within 30 days of the time or request. If a visitor closes your website within 20 seconds that is not counted as a guaranteed visitor and your website will not be charged for it accordingly.
Unfortunately, Google Analytics is a chronic problem for our clients/customers and also for Growstats. They don't track guaranteed visitors properly or there is a 20-30% difference/discrepancy. So please add a second counter provider to your site to confirm the stats. Extreme tracker and statscounter.com are good examples of legitimate counter providers, which properly report the traffic we serve. Growstats will not provide refunds to customers who do not add a second stat counter to confirm stats and complain that the stats on google analytics are not correct, as google analytics continue to change their policies and algorithms that are out of our control and should never be completely relied on as 100% accurate.
10. Delivery Policy
Growstats delivers real life people/visitors to your site, because of this we have real life people processing your orders and setting up your campaign, therefore, your campaign will be set up 48 hrs after payment during business hours and 72 hrs during weekend or public holiday periods and we ask that you respect these conditions and act with patients when dealing with our staff in these hours/time-frames.
11. Customer Support
Growstats operates with a help desk support ticketing system; your support will be answered within 24 hrs during business hours and 48 hours during weekend and public holidays. If you have any questions or concerns please raise a support ticket at our help desk and you will be contacted accordingly.
12. Campaign Management
Growstats operates with 10 servers and have over 15,000 websites with our ads on it.
When these websites get traffic, your website will also open up as another webpage.
Campaigns will start within 48 hours of payment received and cleared by our merchant providers.
Mainstream traffic comes mostly from english language websites and is approximately 75% from english speaking countries. That’s our most popular service by far and is an excellent way for any site owner to get visitors. We also have over 15,000 domain names pointed to our servers from around the world. This is the main basis for all such website visitor traffic using this highly successful technology to increase traffic to their website. Customers determine the rate of visitors sent to the site by way of package selected on the order page and this can be changed anytime.
With current network conditions and activity, our website will attempt to deliver the greatest unique activity possible butGrowstats does not make any claims to period of unique activity.This is at many times an average unique frequency period of 24 hours or greater. Our network may and can at times deliver an inline popup impression (aka an ad that displays in line of the original window as opposed to opening in a separate browser window) in place of a popunder impression,when such popunder impressions are not available.
No other window of any type deemed internal or external of the target URL, no illegal/hate, no noise/sound, all “Pg” rated content, No warez, virus, Trojan, auto-download, framebreakers, browser-altering is allowed as per our terms and conditions. Growstats has the right to and will refuse service to any site we determine is inappropriate for our network and does not fit within our guidelines.
All campaigns created shall be accompanied by statistical reporting and supplied to the customer. Any reports or statistics generated by Growstats are the property of Growstats and deemed to be the sole and indisputable measurement of services rendered by Growstats to the end user the customer. Growstats reserves the right to delete any such reports and statistics for any given campaign once it has finished running and delivered the ordered traffic.
13. Force Majeure
Growstats shall not and will not be liable to customers/clients for any failure or delay in its performance or service due to any cause beyond its control, including acts of war, acts of God, earthquake, riot, sabotage, labor shortage or dispute, internet interruption, government acts, technology failure, and or other similar events out of its control.