Throughout these terms, the collective content from the Website, Membership and the Transparency + Truth Podcast (“Podcast”), and any other content, such as social media channels, will be referred to as “OTGU Content.”
On the Website, you may enroll in an ongoing membership to access members-only content on Define Design Grow Collective (“Membership”), which is delivered electronically and billed periodically, as agreed to at the time your purchase was processed (e.g., monthly, annually, etc.). From time to time, we may modify the pricing for the Membership. In the event that we modify the amount of the fees you will be charged, we will email you to notify you of this change.
At the time of purchase, you will create a Membership profile in order to access the Membership materials.
We offer a 7-day money-back guarantee for the Membership fees. At any time during the first 7 days of your membership, you may contact us at [email protected] to request a refund. Membership may be canceled at any time; however, no refunds will be authorized after the Membership fee has been charged unless you are in the 7-day money-back guarantee period. To avoid incurring additional fees, you must cancel your Membership prior to the next billing date. To cancel or change your Membership, you may either: a) cancel through your Membership profile or b) email [email protected] Your access to the Membership will be disabled at the expiration of the period for which you have already paid. Refunds are not available for Membership fees that have already been charged. You may avoid incurring additional fees by canceling your Membership prior to the billing date.
If you encounter any issues when using the Membership, please contact customer service at [email protected]
LICENSE FOR USE OF MEMBERSHIP MATERIALS
As an active member of the Membership, you will receive access to exclusive Membership content (“Membership Materials”). All Membership Materials were developed solely for your personal use and may not be reproduced for publication or for the personal or commercial use of others without permission from us, except as stated herein.
The Website offers a Membership platform, which includes forums, where content may be contributed or uploaded by other Define Design Grow Members (“DDG Members”). Because there are many DDG Members, we have adopted the following Membership Policies. Our sole discretion will be used to determine if a member is in violation of these policies. Any violations of these Membership Policies may result in immediate dismissal from the Membership. In the event that we terminate your Membership for a violation of these Membership Policies, no refund will be due to you.
If you have concerns about the content posted by another DDG Member, please email [email protected]
Code of Conduct regarding Contributions
The following types of contributions will not be tolerated and will be deleted:
harassment directed toward any member, moderator, or admin;
defamatory statements regarding TaKenya Hampton, On The Grow Up, or any third party;
references to illegal acts; or,
contributions that may violate the legal rights of a third party.
Intellectual Property of Other Members
From time to time, a DDG Member may share their original materials with you or other members. The following rules apply to this content:
Any original materials shared in the Membership belong to the creator of the materials and are provided for individual use only.
You will not copy another DDG Member’s ideas and pass them off as your own.
You are not authorized to use or transfer intellectual property received as a result of Membership. No license to sell or distribute is granted or implied solely because you have access to the material in the Membership.
This paragraph does not apply to ideas that are not yet protected by copyright or trademark laws and do not protect Define Design Grow members from expressions of similar ideas. DDG Members should exercise caution when sharing confidential business plans or concepts.
TaKenya Hampton works with different experts to provide guidance to its members in the forums. From time to time, these experts may hold professional degrees or licenses, such as coaches or therapists. As part of the Membership, these Experts may offer information, such as responding to questions. Participation in the Membership does not create a client relationship with any Define Design Grow Expert. Any information provided in the Membership should not replace the advice that you receive from professionals with whom you have established a client relationship.
When possible, we have made every effort to ensure that all information in the OTGU Content has been tested for accuracy. We make no guarantees regarding the results that you will see from using the information provided in the OTGU Content. Your results may vary from the experiences and results of other DDG Members.
We disclaim liability for incidental or consequential damages and assume no responsibility or liability for any loss or damage suffered by any person as a result of the use of the information provided in the OTGU Content. We assume or undertake no liability for any loss or damage suffered as a result of the use of any information found in the OTGU Content.
Business Information Disclaimer
When possible, we have made every effort to ensure that all business information, including but not limited to any references to technology or business methodology, provided in the OTGU Content has been tested for accuracy. We assume no responsibility for your decisions or for policies or practices that you implement based on information in the OTGU Content. Everything provided in the OTGU Content is for informational purposes only.
Our use of testimonials from past DDG Members is not a guarantee of changes, results, or outcomes. The experiences of every community member may vary.
Legal Information Disclaimer
You must not rely on the information in the OTGU Content as an alternative to advice from a licensed professional. There is no client relationship created from the publication of legal or financial information in the OTGU Content. You should never delay seeking financial or legal advice, disregard financial or legal advice, or discontinue professional financial or legal services as a result of any information provided in the OTGU Content.
YOUR RESPONSIBILITY IN USING THE WEBSITE
All OTGU Content was developed strictly for informational purposes. You understand and agree that you are fully responsible for your use of the information provided in the OTGU Content. We make no representations, warranties, or guarantees. You understand that results may vary from person to person. We assume no responsibility for:
errors or omissions that may appear in the OTGU Content;
incorrect information provided by DDG Members or the OTGU Team; or,
information provided by the Define Design Grow experts.
USE OF THE WEBSITE
Unless otherwise stated, we own the intellectual property and rights to all content and material in the OTGU Content. Subject to the license below, all intellectual property rights are reserved.
Unless it is specifically and expressly made available for such purpose, the following uses are not permitted:
Republication, redistribution, sale, rental, or sub-licensing of content from the OTGU Content;
Reproduction or duplication of any content in the OTGU Content for commercial purposes; or,
Modification of any of the OTGU Content.
From time to time, we will utilize various plugins or widgets to allow sharing of content via social media channels, email, or other methods. Use of these plugins or widgets does not constitute any waiver of our intellectual property rights. Such use is a limited license to republish the content on the approved social media channels only, with full credit to us.
PROHIBITED USES OF THE WEBSITE
You must not use the Website in a way that causes, or may cause, damage to the Website or impair the availability of access to the Website. You must not decompile, reverse engineer, disassemble, or otherwise reduce the Website, except to the extent that such activity is expressly permitted by applicable law. You must not use the Website to copy, store, host, transmit, send, use, publish, or distribute any material that consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit, and/or other harmful code or malicious software.
You must not conduct any systematic or automated data collection activities, including, but not limited to, scraping, data mining, data extraction, or data harvesting on or in relation to the Website without our express written permission.
You must not use the Website to transmit or send any unsolicited commercial communications, including, but not limited to, spam comments.
You must not use the Website for any third-party marketing without our express written permission.
Unless otherwise noted, the design, content, and all components of the OTGU Content are copyrights owned by us or third parties and are protected by the United States and international copyright laws and should not be reused or republished without express written permission.
Our trademarks and trade dress may not be used in connection with any product or service that is not ours, in any manner likely to cause confusion among consumers, or in any manner that disparages or discredits us or our owners.
From time to time, the OTGU Content will legally utilize trademarks owned by third parties. These trademarks are the respective property of their owners and we make no claim of ownership.
CONTENT CONTRIBUTED TO THE WEBSITE
In limited circumstances, you may contribute content to the Website, including, but not limited to, comments, posts, or submissions. Any content you contribute to the site, including, but not limited to text, images, audio material, comments, video material, and audio-visual material, must not be illegal or unlawful, may not infringe on any third party’s legal rights, and must not be capable of giving rise to legal action whether against you, us, or a third party.
We reserve the right to edit or remove: (i) any material submitted to the Website; (ii) stored on our servers; or, (iii) hosted or published on the Website. We take no responsibility and assume no liability for any content posted by you or any third party.
GRANT OF RIGHTS
You grant us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate, and distribute any content you contribute to the Website. This includes, but is not limited to, text, images, audio material, comments, video material, and audio-visual material. This license extends to all known and future media. You also grant us the right to sub-license these rights and the right to bring an action for infringement of these rights.
If you send us an email, register to use the Website, join the Membership, or provide your email to us in any other way, you consent to receive communications from us electronically. You agree that all legal notices provided via electronic means from us satisfy any requirement for written notice.
Prior to engaging in any events or commercial transactions with any third parties discovered through or linked on the Website, you must complete any necessary investigation or due diligence. If there is a dispute for any events or commercial transactions with a third party discovered through or linked on the Website, you expressly hold us harmless from any and all liability in any dispute.
The Website is provided on an “as is” and “as available” basis without any representations or warranties, express or implied. We make no representations or warranties in relation to the Website or the OTGU Content.
We make no warranty the Website will meet your requirements; will be available uninterrupted; timely and free of viruses or bugs; or represents the full functionality, accuracy, and reliability of the Website. We are not responsible to you for the loss of any content or material uploaded or transmitted through the Website. The OTGU Content is written in English and makes no warranty regarding translation or interpretation of content in any language.
LIMITATION OF LIABILITY
WE WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE, OR SPECIAL DAMAGES OF ANY KIND, HOWEVER CAUSED, INCLUDING LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU, WHETHER UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, OR OTHERWISE, EVEN IF THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Except as specified in these Terms, our maximum liability to you is the amount you paid to us for your Membership.
WHAT INFORMATION DO WE COLLECT AND HOW IS IT USED?
Information You Voluntarily Submit to the Site: We may collect personal information from you such as your name or email address. For example, you may voluntarily submit information to the Site by leaving a comment, subscribing to a newsletter, or submitting a contact form. In addition, we may ask you to create a user profile, which would allow you to create a username and password. We will store the username, but your password will not be visible in our records.
Information We Collect from Others: We may receive information about you from other sources. For example, if you use a third-party software through the site, they may transfer information to us for fulfillment.
Automatically-Collected Information: We automatically collect certain information about you and the device with which you access the Website. For example, when you use the Website, we will log your IP address, operating system type, browser type, referring website, pages you viewed, and the dates/times when you accessed the Website. We may also collect information about actions you take when using the Website, such as links clicked.
Cookies: We may log information using cookies, which are small data files stored on your browser by the Website. We may use both session cookies, which expire when you close your browser, and persistent cookies, which stay on your browser until deleted, to provide you with a more personalized experience on the Website.
Different ways we collect information are detailed below. We reserve the right to change this list in our sole discretion.
A cookie is a file containing an identifier (a string of letters and numbers) that is sent by a web server to a web browser and is stored by the browser. The identifier is then sent back to the server each time the browser requests a page from the server. Cookies may be either “persistent” cookies or “session” cookies: a persistent cookie will be stored by a web browser and will remain valid until its set expiry date, unless deleted by the user before the expiry date; a session cookie, on the other hand, will expire at the end of the user session, when the web browser is closed. Cookies do not typically contain any information that personally identifies a user, but personal information that we store about you may be linked to the information stored in and obtained from cookies.
Most browsers allow you to refuse to accept cookies and to delete cookies. The methods for doing so vary from browser to browser, and from version to version. You can however obtain up-to-date information about blocking and deleting cookies via these links:
Please note that blocking cookies may have a negative impact on the functions of many websites, including our Site. Some features of the Site may cease to be available to you.
We use Google Analytics to analyze the use of our website. Google Analytics gathers information about website use by means of cookies. The information gathered relating to our website is used to create reports about the use of our website.
Restrict Content Pro
If you leave a comment on our site you may opt-in to saving your name, email address, and website in cookies. These are for your convenience so that you do not have to fill in your details again when you leave another comment. These cookies will last for one year.
Visitor comments may be checked through an automated spam detection service.
The Site uses Cloudflare for website security and caching. Any personal information obtained by Cloudflare is not shared with any third parties.
THIRD-PARTY USE OF PERSONAL INFORMATION
We may share your information with third parties when you explicitly authorize us to share your information. Additionally, the Site may use third-party service providers to service various aspects of the Site, which are detailed herein. Each third-party service provider’s use of your personal information is dictated by their respective privacy policies. At this time, your personal information is not shared with any other third-party applications. This may be amended from time to time in the Site’s sole discretion.
Except when required by law, we will not sell, distribute, or reveal your email addresses or other personal information without your consent; however, we may disclose or transfer personal information collected through the Site to third parties who acquire all or a portion of our business, which may be the result of a merger, consolidation, or purchase of all or a portion of our assets, or in connection with any bankruptcy or reorganization proceeding brought by or against us.
How Long We Retain Your Data
If you leave a comment, the comment and its metadata are retained indefinitely. This is so we can recognize and approve any follow-up comments automatically instead of holding them in a moderation queue.
For users that register on our website, we also store the personal information they provide in their user profile. All users can see, edit, or delete their personal information at any time. Website administrators can also see and edit that information.
If you upload images to the website, you should avoid uploading images with embedded location data (EXIF GPS) included. Visitors to the website can download and extract any location data from images on the website.
Embedded Content from Other Sites
Articles on this site may include embedded content (e.g. videos, images, articles, etc.). Embedded content from other websites behaves in the exact same way as if the visitor has visited the other website.
We may collect your email address, but only if you voluntarily provide it to us. This may occur, for example, if you sign up to receive an email newsletter, or enter a promotion. We will use your email address for the purposes for which you provided it to us, and also from time to time to send you emails regarding the Site or other products or services that we believe may be of interest to you. You may opt out of such email communications at any time by clicking the “unsubscribe” button in the email.
We will not share your email address with any third parties.
In addition, we may ask you to create a user profile, which would allow you to create a username and password. We will store the username, but your password will not be visible in our records.
If you are a resident of a country in the European Economic Area (EEA), please refer to the section below entitled “Additional Rights of EEA Residents.”
How Your Information May Be Used
We may use the information collected in the following ways:
To operate and maintain the Site;
To create your account, identify you as a user of the Site, and customize the Site for your account;
To send you promotional information, such as newsletters. Each email promotion will provide information on how to opt-out of future mailings;
To send you administrative communications, such as administrative emails, confirmation emails, technical notices, updates on policies, or security alerts;
To respond to your comments or inquiries;
To provide you with user support;
To track and measure advertising on the Site;
To process payment for purchases you make through the Site; or,
To protect, investigate, and deter against unauthorized or illegal activity.
Registration or Account Data
We may collect other information from you when you register with our Site in order to use various features. Such information could include your name, birthday, postal code, screen name, and password (if applicable). As you use the Site, we could collect other data that you provide voluntarily (such as comments that you post). We may also collect information about you through other methods, including research surveys, social media platforms, verification services, data services, as well as public sources. We may combine this data with your registration data in order to maintain a more thorough profile.
We may use your personally-identifying information for a variety of our internal business purposes, such as creating a better user experience for the Site, diagnosing and troubleshooting malfunctions on the Site, better understanding how the Site is used, and making personalized recommendations to you. If you are a resident of a country in the European Economic Area (EEA), please refer to the section below entitled “Additional Rights of EEA Residents.”
We may process information relating to transactions, including purchases of goods and services, that you enter into with us and/or through our Site (“Transactional Data”). The Transactional Data may include your contact details, your card details and the transaction details. The transaction data may be processed for the purpose of supplying the purchased goods and services and keeping proper records of those transactions. Payment processing on our Site is handled by our payment services providers, PayPal and Stripe. We will share transaction data with our payment services providers only to the extent necessary for the purposes of processing your payments, refunding such payments and dealing with complaints and queries relating to such payments and refunds. You can find information about the payment services providers’ privacy policies and practices at https://www.paypal.com/us/webapps/mpp/ua/privacy-full and https://stripe.com/privacy.
On the Site, you may subscribe to our newsletter, which may be used for advertising purposes. All newsletters sent may contain tracking pixels. The pixel is embedded in emails and allows an analysis of the success of online marketing campaigns. Because of these tracking pixels, we may see if and when you open an email and which links within the email you click. Also, this allows the Site to adapt the content of future newsletters to the interests of the user. This behavior will not be passed on to third parties
From time to time, we may use anonymous data, which does not identify you alone, or when combined with data from other parties. This type of anonymous data may be provided to other parties for marketing, advertising, or other uses. Examples of this anonymous data may include analytics or information collected from cookies.
PUBLICLY VISIBLE INFORMATION
If you create a user profile on the Website or leave a comment, certain information may be publicly visible.
SENSITIVE PERSONAL INFORMATION
The Website does not knowingly collect any personally identifiable information from children under the age of 16. If a parent or guardian believes that the Website has personally identifiable information of a child under the age of 16 in its database, please contact us immediately at [email protected] and we will use our best efforts to promptly remove such information from our records.
Sale of Business or Assets
In the event that the Site or substantially all of its assets is sold or disposed of as a going concern, whether by merger, sale of assets or otherwise, or in the event of an insolvency, bankruptcy or receivership, the information we have collected about you may be one of the assets sold or merged in connection with that transaction.