Terms and Conditions

 

Last updated: August 20, 2024

Please read these Terms of Use (“Terms”, “Terms of Use”) carefully before using the https://desireehorsey.com website (the “Service”) operated by Grow Excel Thrive (“us”, “we”, or “our”).

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

No Minors

By using the Site, accessing  or  purchasing any products or services, you warrant that:

     

      1. you are over 18 years of age and have the legal capacity to enter into a legally binding contract;

      1. have read and accepted these Terms; and

      1. will comply with these Terms.

    Accounts

    When you create an account with us, you must provide us with information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

    You are responsible for safeguarding the password you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.

    You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any security breach or unauthorized use of your account.

    Intellectual Property

    The Service and its original content, features, and functionality remain the exclusive property of desireehorsey.com and its licensors.

    The Site, products, programs, and services contain intellectual property owned by us and by third parties that license the content to us (“Third-Party Licensed Intellectual Property”), including, without limitation, trademarks, copyrights, proprietary information, designs, patents, and other intellectual property rights, as well as the business name, logo, all designs, text, videos, audio files, graphics, other files, and software (“Content”).  Your use of the Site, the products and/or services, and access to any Content does not grant or transfer any rights, title, or interest to you in relation to this Site, the products and/or services, or the Content.

    No Commercial Use

    You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever the Site, our products and/or services or the Content, our Intellectual Property and Third-Party Licensed Intellectual Property in whole or in part without our prior written consent. We reserve the right to immediately remove your access to our Site, products and services, and Content, without refund if you are found to be violating these Terms.

    Free or Paid Content

    Where you download or purchase our digital products (including checklists, guides, ebooks, journals, planners, courses, workbooks, video or audio content) (Digital Products) whether directly or via our courses or programs, you are granted a non-exclusive, non-transferable, limited license to access and use the Digital Products for your own personal use.  You may not assign or transfer the Digital Products or your membership of any course or program to any other person without Our express written consent.  We reserve the right, in our sole discretion, to accept or refuse to provide the products and/or services to you at any time for any reason.

    Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, sell, create derivative works of, enhance, or in any way exploit any of the Digital Products in any manner whatsoever except as authorized by us.

    Your License To Us

    By posting or submitting any material on or through our Website, Programs, Products, Services, Membership, Facebook Pages, or Program Materials, such as comments, posts, photos, images or videos, or other contributions, you are representing that you are the owner of all such materials and you are at least 18 years old.

    When you submit to us or post any comment, photo, image, video, or any other submission for use on or through our Website, Programs, Products, Services, and/or Program Materials, you are granting us, and anyone authorized by us, an unlimited, royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such contributions, in whole or in part, in any manner or medium, now known or developed in the future, for any purpose, and granting us the right to make it part of our current or future Programs, Products, Services and/or Program Materials. This right includes granting us the use or exploitation of proprietary rights or intellectual property rights like copyright, trademark, service mark, trade secrets, patent rights, or any other of your intellectual property rights under any relevant jurisdiction without any further permission from you or compensation by us to you.

    You also grant us, and anyone authorized by us, the right to identify you as the author of any of your comments, posts, photos, images, videos, or other contributions by name, email address, or screen name. You acknowledge that we have the right but not the obligation to use and display any contributions from you of any kind and that we may elect to cease the use and display of any such contributions on our Website, Programs, Products, Services and/or Program Materials at any time for any reason whatsoever.

    Group Calls, Workshops, And Masterclasses

    We record all group calls and masterclasses and by enrolling in any course, program, or service with group calls, you consent to these recordings. The recordings may be made available to others via third-party sites or forums (such as Facebook, Zoom, or Google Docs). Whenever you make your Confidential Information or Other Information available for viewing by others, the Confidential Information or Other Information that you share also can be seen, collected, and used by others, and therefore, we cannot be responsible for any unauthorized use by others of such Confidential Information or Other Information that you voluntarily share online or in any other manner.

    Please choose carefully the materials you upload to, submit to, or embed on any website operated by the Company and any third-party forums operated by the Company. Any material you post on the Company’s website or in any third-party forums operated by the Company may become public.

    We respect the privacy of our customers and will not disclose any information you provide except as outlined in this agreement. As a condition of participating in our Programs, you hereby agree to respect the privacy of other program participants and to respect the Company’s confidential information.

    Specifically, you shall not share any information provided by other Program participants outside of the bounds of the Program unless you receive express written permission from such other participants to share the information. Similarly, the content of the Program contains the Company’s proprietary methods, processes, forms, templates, and additional information. You hereby agree not to share the information provided to You in the Program with anyone other than the Company, its owners and employees, and other Program participants.

    Links To Other Web Sites

    Our Service may contain links to third-party websites or services not owned or controlled by Grow Excel Thrive.

    Grow Excel Thrive has no control over and assumes no responsibility for any third-party websites or services’ content, privacy policies, or practices. You further acknowledge and agree that Grow Excel Thrive shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such web sites or services.

    We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services you visit.

    Prices and Payments

    All prices are in United States Dollars (USD) and are exclusive of any State Goods and Services Tax (as applicable). United States customers will be charged tax at checkout. The prices indicated on the Site may change at any time without advance notice.  If you’ve purchased one of our programs, courses, or other products and/ or services, it will be charged at the price in force when a customer’s order is validated.

    We reserve the right at any time to modify or discontinue the program, course, product and/ or service without notice at any time. We shall not be liable to you or a third party for any modification, price change, suspension, or discontinuance of the program, course, product and/or service.

    IMPORTANT:  By clicking “I accept,” “I agree,” “subscribe,” or equivalent, you accept our Terms.

    Electronic Communications And Electronic Signatures

    You acknowledge and agree that you will be bound by any affirmation, acceptance, or agreement transmitted through this Site, including but not limited to any consent you provide to receive communications from us solely by means of electronic transmission.  You further acknowledge and agree that when you click on or tick “I agree,” “I consent,” or other similarly worded click or tick options by electronic means using an electronic device such as a mobile phone, tablet, desktop, laptop or any other computer device capable of allowing you to click or tick, your agreement and/or consent will be legally binding and enforceable and will be deemed to be as effective as if you had written your signature by hand.

    No Guarantees

    Our role is to support and assist you in reaching your goals, we cannot guarantee that undertaking any coaching, participating in any programs, courses, or using our products and/or services will ensure success.  Any success you gain will be dependent on your efforts, commitment, motivation, and intent to follow through.  Under no circumstances can we guarantee a particular result, whether financial or otherwise. You acknowledge and agree that results may differ from person to person.  Each person’s success depends entirely on their background, dedication, drive, and motivation to succeed, as well as many other factors.  You acknowledge and agree that when you purchase any program, participate in any coaching, or buy a product and /or service, the results may vary as there are too many variables to guarantee success.  Any client reviews, statements, or examples advertised or available on our Site or via any content we communicate with you (including any newsletter, social media, or other advertising) are merely examples of what can be possible.

    Personal Responsibility

    By participating in any programs, courses, purchasing any products or services, or otherwise using our Site, you acknowledge you are solely and personally responsible for any results you achieve.  You further acknowledge and agree that you will undertake your own due diligence and judgment before applying anything you have gained or learned from your use of this Site, purchase of products and/or services, or participation in any programs or courses, taking into account your own personal circumstances.

    Testimonials

    On our Site, we present real-life examples and insights of other people’s experiences for illustration purposes only and any results personally achieved are due to the individuals themselves.  These testimonials show users what can be possible but are not intended to represent or guarantee that any current or future users of our programs, courses, products and/or services will achieve the same or similar results.

    Termination

    We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

    Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.

    All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

    Ceasing Our Website

    We have the right to discontinue this Site.  If we decide to do this, it can be at any time and may be without notice to you.  We may also exclude any person from using our Site at any time and our sole discretion. We will not be responsible for any liability you may suffer arising from or in connection with any such discontinuance or exclusion.

    Prohibited Use

    In addition to any other prohibitions, you must not, under any circumstances,  use the Site or its content:

       

        1. for any unlawful purpose;

        1. to solicit others to perform or participate in any unlawful acts;

        1. to violate any international, federal, or state regulations, rules, laws, or local ordinances;

        1. attempt to change, remove, deface, hack, or otherwise interfere with this Site or any material or content displayed on the Site;

        1. hack into any aspect of the Service; corrupt data; cause annoyance to other users;

        1. infringe upon the rights of any other person’s proprietary rights;

        1. send any unsolicited advertising or promotional material, commonly referred to as “spam”; or

        1. attempt to affect the performance or functionality of any computer facilities of or accessed through this Site.

      Disclaimer

      Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

      Security

      Security for all personally identifiable information is extremely important to us. Unfortunately, no data transmission over the internet can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, The Company cannot ensure or warrant the security of any information you transmit via the internet. By transmitting any such information to the Company, you accept that you do so at your own risk.

      Governing Law

      These Terms shall be governed and construed in accordance with the laws of the United States without regard to its conflict of law provisions.

      Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have between us regarding the Service.

      Changes

      We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days’ notice before any new terms take effect. What constitutes a material change will be determined at our sole discretion.

      By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

      Contact Us

      If you have any questions about these Terms, please contact us.