Growth by Design Talent Terms of Service

All Pages Copyright © 2025, Growth by Design Talent, Inc., All Rights Reserved.

‍TERMS OF SERVICE

Please read these terms of service very carefully before registering for the GBD Talent web site and Service.  These terms of service (“Agreement”) govern you accessing content and using www.gbdtalent.com and its affiliate’s web sites.  This Agreement between you (“you”) and GBD Talent, is subject to change by us as described below.  By registering for the Site (as defined below), using the Site, or any other mechanism to signal assent, or by using the Site, you (i) accept this Agreement; (ii) agree to be bound by these terms and conditions; and (iii) have entered into a binding agreement between you and GBD Talent.  

• This web site (the “Site”) is owned and operated by Growth by Design Talent, LLC. (referred to as “GBD Talent” herein). The Site and its content (“Content”) and the GBD Talent service (“Service”) may only be accessed in accordance with this Agreement.  Any violation of the copyright in the Content or these terms and conditions may be enforced by GBD Talent or the copyright owner to the fullest extent allowed by law. 
• You acknowledge and agree that GBD Talent may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at GBD Talent’s sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform GBD Talent when you stop using the Services.  You acknowledge and agree that if GBD Talent disables access to your account, you may be prevented from accessing the Services, your account details or any files or other materials which is contained in your account.
• You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by GBD Talent, unless you have been specifically allowed to do so in a separate agreement with GBD Talent.  You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).  Unless you have been specifically permitted to do so in a separate agreement with GBD Talent, you agree that you will not reproduce, duplicate, copy, sell, trade, or resell the Services for any purpose.  You agree that you are solely responsible for (and that GBD Talent has no responsibility to you or to any third party for) any breach of your obligations under this Agreement and for the consequences (including any loss or damage which GBD Talent may suffer) of any such breach.
• You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos, or other images) which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from whom such materials originated, which may be you.  
• GBD Talent reserves all rights not specifically granted herein.  You shall not modify any copyright notices, proprietary legends, any trademark and service mark attributions, any patent markings, and other indicia of ownership on the Content or other materials accessed through the Service.  The delivery of, and license to, the Content and/or access to third party materials does not transfer to you any commercial or promotional use rights in the Content or any portion thereof.  Any use of Content, or descriptions; any derivative use of this Site or its materials; and any use of data mining, robots, or similar data gathering, and extraction tools is strictly prohibited.  In no event shall the user frame any portion of the Site, or any materials contained therein.  
• While GBD Talent uses reasonable efforts to include accurate and up-to-date information on the Site, GBD Talent makes no warranties or representations as to its accuracy. GBD Talent assumes no liability or responsibility for any errors or representations in the Content or this Site.
• The Site may contain links to other sites on the Internet which are owned and operated by third party vendors and other third parties (the “External Sites”). You acknowledge that GBD Talent is not responsible for the availability of, or the materials located on or through, any External Sites. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or the materials located on such External Sites.
• At your discretion, you may provide feedback to GBD Talent concerning the functionality and performance of the Service from time to time, including, without limitation, identifying potential errors, improvements, modifications, bug fixes, or enhancements (“Feedback”).  If you, through your evaluation or otherwise, suggests any Feedback, you hereby assign the ownership in all Feedback to GBD Talent.  In the event ownership in the Feedback cannot be granted to GBD Talent, you grant GBD Talent at no charge a perpetual, irrevocable, royalty-free, worldwide right and license to use, reproduce, disclose, sublicense, distribute, modify, and otherwise exploit such Feedback without restriction.  You agree that GBD Talent may disclose that Feedback to any third party in any manner and you agree that GBD Talent has the ability to sublicense all Feedback in any form to any third party without restriction.
• he Site may contain areas in which additional terms and conditions apply.  For purposes of the use of such areas, in the event of a conflict between the terms and conditions of such other areas and these Terms and Conditions, the terms and conditions of the other area shall prevail.  GBD Talent may at any time revise these Terms and Conditions by updating this posting.  You are bound by any such revisions and should therefore periodically visit this page to review the current Terms and Conditions to which you are bound.
• You shall not transmit to GBD Talent or upload to this Site any Harmful Code or use or misappropriate the data on this Site for your own commercial gain. “Harmful Code” shall mean any software (sometimes referred to as “viruses,” “worms,” “trojan horses,” “time bombs,” “time locks,” “drop dead devices,” “traps,” “access codes,” “cancelbots” or “trap door devices”) that: (a) is intentionally designed to damage, disrupt, disable, harm, impair, interfere with, intercept, expropriate or otherwise impede in any manner, any data, storage media, program, system, equipment or communication, based on any event, including for example but not limited to (i) exceeding a number of copies, (ii) exceeding a number of users, (iii) passage of a period of time, (iv) advancement to a particular date or other numeral, or (v) use of a certain feature; or (b) would enable an unauthorized person to cause such result; or (c) would enable an unauthorized person to access another person’s information without such other person’s knowledge and permission.
• You may not use your username and password for any unauthorized purpose.
• GBD Talent may retain and use, information collected in your use of the Service, provided such information does not individually identify you. GBD Talent may collect, use, and share your personal information in accordance with its Privacy Policy.
• GBD Talent does not knowingly collect any information from anyone who we know to be under the age of 13. If you are under the age of 18, you should use this website only with the involvement of a parent or guardian and should not submit any personal information to GBD Talent. If GBD Talent discovers that a person under the age of 13 has provided GBD Talent with any personal information, GBD Talent will use commercially reasonable efforts to delete such person's personal information from all GBD Talent systems.
• GBD Talent may terminate your access to our Site or the Service for any reason at any time.  The provisions that by their nature are designed to survive termination or expiration of this Agreement shall survive termination or expiration of this Agreement or your access to our Site or Service.
• By using this Site, you signify your assent to these terms of use and agree to comply with all applicable laws and regulations, including U.S. export and re-export control laws and regulations, copyright laws and other laws regarding intellectual property.  If you do not agree to these terms of use, please do not use the Site.
• The materials on this Site are provided with “Restricted Rights.” Use, duplication, or disclosure by the Government is subject to restrictions as set forth in applicable laws and regulations. Use of the materials by the Government constitutes acknowledgment of GBD Talent’s proprietary rights in them.
• THE MATERIALS, CONTENT ON THIS SITE AND SERVICES ARE PROVIDED “AS IS”, “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED.  GBD TALENT SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY CONTENT, MATERIALS POSTED ON THE SITE OR SERVICES.  GBD TALENT MAKES NO GUARANTEES AS TO UPTIME OR AVAILABILITY OF THE SERVICE.  TO THE FULLEST EXTENT POSSIBLE PURSUANT TO THE APPLICABLE LAW, GBD TALENT DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OR OTHER VIOLATION OF RIGHTS.  THE SERVICE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS.  GBD TALENT IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS, INCLUDING INTERNET CONGESTION, VIRUS ATTACKS, AND DENIAL OF SERVICE (DOS) ATTACKS.
• UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL GBD TALENT OR ITS THIRD PARTY LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE OR THE SERVICE, EVEN IF GBD TALENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. GBD TALENT’S AND ITS LICENSORS’ ENTIRE AND AGGREGATE LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, SHALL NOT EXCEED $100, EVEN IF GBD TALENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY.  IF YOUR USE OF MATERIALS FROM THIS SITE OR THE SERVICE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
• You shall not assign or transfer this Agreement without the prior written consent of GBD Talent. Any attempt to assign or transfer this Agreement by you shall be void.
• The laws of the State of California, excluding its conflicts of law rules, govern this Agreement and your use of the Site. Notwithstanding the foregoing, the Arbitration Agreement in Section 30 shall be governed by the Federal Arbitration Act.
• GBD Talent shall not be liable to you for any delay or failure of GBD Talent to perform its obligations hereunder if such delay or failure arises from any cause or causes beyond the reasonable control of GBD Talent.  Such causes shall include, but are not limited to, acts of God, floods, fires, loss of electricity or other utilities, labor strike, or delays by you in performing any requirements hereunder.
• This Agreement may not be modified, supplemented, qualified, or interpreted by any trade usage or prior course of dealing not made a part of the Agreement by its express terms.
• Each provision of this Agreement is a separately enforceable provision.  If any provision of this Agreement is determined to be or becomes unenforceable or illegal, such provision shall be reformed to the minimum extent necessary in order for this Agreement to remain in effect in accordance with its terms as modified by such reformation.  The invalidity or unenforceability of any provision of this Agreement shall not affect the validity of this Agreement as a whole and any such provision should be enforced by authorities, and reconstructed if need be, to apply to the maximum extent allowable under applicable law.
• The failure by either party to enforce at any time any of the provisions of this Agreement, to exercise any election or option provided herein, or to require at any time the performance of the other of any of the provisions herein will not in any way be construed as a waiver of such provisions. No failure or delay in enforcing any right or exercising any remedy will be deemed a waiver of any right or remedy. 
• Reasonable attorneys’ fees and costs will be awarded to the prevailing party in the event of litigation involving the enforcement or interpretation of this Agreement.
• The section headings used herein are for convenience only and shall not be given any legal import. 
• Any dispute, controversy or claim arising under, out of or relating to this Agreement and any subsequent amendments of this Agreement, including, without limitation, its formation, validity, binding effect, interpretation, performance, breach or termination, as well as non-contractual claims, shall be submitted to arbitration before the American Arbitration Association (“AAA”) in accordance with the AAA [Consumer or Commercial] Arbitration Rules.  The place of arbitration shall be San Diego, California. The language to be used in the arbitral proceedings shall be English.  The parties may apply to any court of competent jurisdiction for a temporary restraining order, preliminary injunction, or other interim or conservatory relief as necessary, without breach of this Section and without abridgment of the powers of the arbitrator.  The arbitrator may award any form of individual or equitable relief, including injunctive relief. Any award will be final and conclusive to the parties and may be entered in any court of competent jurisdiction.  You agree to the entry of injunctive relief to stop any lawsuit or to remove you as a participant in such a suit. By using the Site in any manner, you agree to this arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and GBD Talent. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. This provision preventing you from bringing, joining or participating in class action lawsuits is an independent covenant. You may opt-out of this Section by providing written notice of your decision within thirty (30) days of the date that you first use the Site  
  
  All claims arising out of or relating to this Agreement, to the Services, or to your relationship with GBD Talent that, for whatever reason, are not submitted to arbitration will be litigated exclusively in the federal or state courts of San Diego, California, U.S.A. You and GBD Talent consent to the exercise of personal jurisdiction of such courts in the State of California and waive any claim that such courts constitute an inconvenient forum.
• This Agreement shall constitute the entire agreement between the parties regarding the subject matter hereof and supersede all proposals and prior discussions and writings between the parties with respect thereto.