Terms & Conditions for Downloadable Products

Welcome to Resonate Growth (“Company,” “we,” “us,” or “our”). These Terms and Conditions (“Terms”) govern your use of our website, mobile site, and any products or services offered, including electronic downloads such as email templates, employee onboarding checklists, ebooks, recruiting workflows, spreadsheets, and document templates (collectively, “Products”). By accessing or using our website and purchasing our Products, you agree to be bound by these Terms.

If you do not agree with these Terms, you must not access or use our website or purchase our Products.

1. Scope of Use

1.1 Limited License: Upon purchase, you are granted a non-exclusive, non-transferable, and revocable license to use the Products solely for personal or business purposes as per the specific license terms accompanying each Product.

1.2 Ownership: All Products remain the exclusive property of Resonate Growth and are protected by copyright laws. No ownership rights are transferred to you upon purchase.

1.3 You understand that the Products are intended to support your needs. As such, you agree not to resell, distribute, or transfer these products to any other party.

2. Intellectual Property

2.1 Exclusive Ownership: All intellectual property rights in the Products, including but not limited to copyright, trademark, trade dress, and trade secret rights, are and will remain the sole and exclusive property of Resonate Growth. Purchasing a Product does not transfer ownership or grantany rights beyond the specific limited license provided herein.

2.2 Reservation of Rights: Any rights not expressly granted to you in these Terms are reserved by Resonate Growth. This includes, but is not limited to, the right to reproduce, distribute, or license the Products.

2.3 Copyright: All Products are protected under applicable copyright laws and international treaties. You acknowledge that the Products are original works owned by Resonate Growth and may not be copied, reproduced, or otherwise exploited without prior written permission.

2.4 Proprietary Markings: You agree not to remove, alter, or obscure any proprietary markings, logos, or notices affixed to or embedded in the Products.

2.5 Restrictions on Use:

You may not reverse engineer, decompile, or disassemble any Products or attempt to derive their source code or underlying ideas.

You may not use any portion of the Products in connection with any competitive or commercial endeavor without explicit permission.

2.6 Derivative Works: Any modifications, customizations, or derivative works created by you using the Products are also governed by these Terms. Resonate Growth retains all intellectual property rights in such derivative works to the extent they are based on or incorporate our Products.

2.7 Third-Party Content: Some elements of the Products may incorporate third-party intellectual property, which is licensed to Resonate Growth. Your use of these elements is subject to the applicable terms of the third-party license.

2.8 Feedback and Suggestions: If you provide feedback, suggestions, or ideas regarding the Products, you grant Resonate Growth a perpetual, irrevocable, royalty-free license to use and incorporate such feedback into its Products without any obligation of compensation to you.

2.9 Monitoring and Enforcement: Resonate Growth reserves the right to monitor your use of the Products to ensure compliance with these Terms. Any unauthorized use of the Products may result in legal action.

2.10 License Specifics:

Personal Use License: Grants you the right to use the Products solely for your own personal or internal business purposes. Redistribution or sharing is strictly prohibited.

Commercial Use License: Grants additional rights to use the Products in a professional setting, subject to the payment of applicable licensing fees.

2.11 Indemnification for IP Violations: You agree to indemnify Resonate Growth against any claims, damages, or liabilities arising from your misuse of the Products in violation of these intellectual property provisions.

3. Purchase Terms

3.1 Pricing: Prices for Products are listed on our website and are subject to change without prior notice. We reserve the right to modify or discontinue any Product at any time.

3.2 Payment: All payments must be made at the time of purchase. We accept payment through the methods specified on our website.

3.3 Refunds and Exchanges:

• Due to the digital nature of the Products, all sales are final, and no refunds will be issued unless required by applicable law.
• If you encounter technical issues with a download, please contact us at [email protected].

3.4 Taxes: You are responsible for any applicable taxes, duties, or other charges imposed by your jurisdiction on the purchase of our Products.

4. Disclaimer of Warranties

4.1 No Guarantee of Results: The Products are provided “as-is” without any guarantees, warranties, or representations. Resonate Growth does not guarantee that the use of the Products will result in any specific business or operational outcome.

4.2 Usability Disclaimer: Resonate Growth disclaims all liability for any issues arising from the usability, compatibility, or effectiveness of the Products. By purchasing the Products, you acknowledge that they are provided as general templates and may not fully meet your specific needs.

4.3 No Warranty: We do not warrant that the Products will be error-free or uninterrupted, nor do we guarantee that they will meet your expectations or intended purpose.

4.4 Limitation of Liability: To the fullest extent permitted by law, Resonate Growth shall not be liable for any indirect, incidental, consequential, or special damages arising from your use of the Products, even if advised of the possibility of such damages.

4.5 Third-Party Services: Our website may include links to third-party services or products. Resonate Growth does not endorse or take responsibility for these third-party offerings.

5. Termination

5.1 Breach of Terms: We reserve the right to terminate or suspend your license if you violate these Terms. Upon termination, you must immediately cease using the Products and delete any copies in your possession.

5.2 Effect of Termination:

• Upon termination of your access to the Products or website, all rights granted to you under these Terms will immediately cease.
• You are prohibited from using or retaining any copies of the Products post-termination.
• Termination does not absolve you of your obligations to pay for prior purchases or any accrued liabilities.

5.3 Survival of Terms: Provisions related to intellectual property, disclaimer of warranties, limitation of liability, indemnification, and governing law will survive termination.

5.4 Voluntary Account Termination: You may terminate your account at any time by contacting us. However, no refunds or credits will be issued for prior purchases.

6. Privacy

Your use of our website is subject to our Privacy Policy, which governs how we collect, use, and protect your personal information. Please review the Privacy Policy.

7. Governing Law

7.1 Jurisdiction: These Terms are governed by and construed in accordance with the laws of the State of Texas, USA.

7.2 Forum Selection: Any disputes arising under these Terms shall be subject to the exclusive jurisdiction of the courts located in Conroe, Texas.

7.3 Legal Compliance: You agree to comply with all applicable local, state, and federal laws and regulations governing your use of the Products and website.

7.4 International Use: If you access the website or purchase Products from outside the United States of America, you are responsible for compliance with all applicable local laws.

8. Indemnification

8.1 Scope of Indemnification:

You agree to indemnify, defend, and hold harmless Resonate Growth, its affiliates, licensors, officers, directors, employees, agents, contractors, successors, and assigns (collectively, the “Indemnified Parties”) from and against any and all claims, demands, actions, suits, proceedings, damages, losses, liabilities, judgments, settlements, penalties, fines, costs, and expenses (including but not limited to reasonable attorneys’ fees and other legal expenses) (collectively, “Claims”) arising out of or in connection with:

1. Breach of Terms: Any breach or violation of these Terms and Conditions by you.
2. Use or Misuse of Products: Your use or misuse of the Products, including but not limited to improper implementation, modification, or unauthorized distribution of the Products.
3. Violation of Rights: Any actual or alleged infringement, misappropriation, or violation of any third party’s intellectual property, privacy, or other rights resulting from your use of the Products.
4. Unlawful Activities: Your violation of any applicable laws, regulations, or industry standards in connection with your use of our website, Products, or services.
5. Third-Party Claims: Any disputes, damages, or liabilities arising from your interactions with third parties in connection with the Products, including but not limited to claims related to data misuse or unauthorized disclosures.

8.2 Indemnity Procedure:

The Indemnified Parties reserve the right to assume exclusive defense and control of any matter subject to indemnification by you, at your expense. You agree to:

1. Promptly notify us in writing of any Claim for which indemnification is sought, providing sufficient details to enable us to assess the nature and scope of the Claim.
2. Fully cooperate with us in the investigation, defense, or settlement of the Claim, including providing any documentation, evidence, or information reasonably requested.

Approval of Settlement: Not settle or compromise any Claim without our prior written consent, which shall not be unreasonably withheld.

8.3 No Limitation of Other Rights:

The indemnification obligations set forth in this clause are in addition to, and not in lieu of, any other remedies or rights available to Resonate Growth at law, equity, or otherwise.

8.4 The Indemnified Parties are not responsible for any Claim arising out of:

• Your failure to adhere to our instructions, documentation, or guidelines for using the Products.
• Modifications or alterations to the Products made by you or a third party.

Any warranties or representations made by you to third parties regarding the Products without our prior written authorization.

8.5 Your indemnification obligations under this clause shall survive the termination or expiration of these Terms and Conditions and your use of the Products or website.

9. Force Majeure

We shall not be held liable for any delay or failure to perform our obligations under these Terms due to events beyond our reasonable control, including but not limited to acts of God, natural disasters, war, civil unrest, labor disputes, or interruptions in telecommunications or utilities.

10. Severability

If any provision of these Terms is found to be unlawful, void, or unenforceable, the remaining provisions shall continue in full force and effect.

11. Entire Agreement

These Terms, along with our Privacy Policy, constitute the entire agreement between you and Resonate Growth regarding your use of the website and Products and supersede all prior agreements or understandings.

12. Waiver

No waiver by Resonate Growth of any breach or default under these Terms shall be considered a waiver of any subsequent breach or default.

13. Dispute Resolution

13.1 Informal Resolution: In the event of a dispute, you agree to first contact us to seek an informal resolution.

13.2 Class Action Waiver: You agree to waive any right to participate in class or representative actions against Resonate Growth.

14. Electronic Communications

14.1 By using our services, you consent to receive communications from us electronically. We will communicate with you via email or by posting notices on our website.

14.2 You agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing.

15. Warranty and Limitation of Liability

15.1 No Warranty: We disclaim all warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.

15.2 To the maximum extent permitted by law, our liability for any claim related to the Products will not exceed the amount you paid for the Products.

15.3 Exclusion of Damages: Resonate Growth shall not be liable for any indirect, incidental, special, or consequential damages, including loss of profits or data.

Note: Resonate Growth is not a legal, tax, benefit, accounting, HR, or investment advisor. This/these document(s) are intended for informational purposes only and do not constitute legal information or advice. All communication and products purchased and downloaded from Resonate Growth should be confirmed by you / your company’s legal, tax, benefit, accounting, HR, or investment advisor(s) before making any decisions about its accuracy or appropriate use for your business.

16. Contact Information

If you have any questions about these Terms, please contact us at: [email protected]