Guidewise©
Terms of Use Agreement
Last updated: January 27, 2023
TERMS OF USE Agreement – Guidewise©
PLEASE READ THESE TERMS OF USE (“TERMS”) CAREFULLY BEFORE ACCESSING OR PARTICIPATING IN
ANY WEBSITE, BLOG, ONLINE PROGRAM OR CONSULTATION, LIVE OR RECORDED WEBINAR, MAILING
LIST, TRANSACTION, OR OTHER ONLINE FORUM AVAILABLE AT HTTPS://WWW.GUIDEWISE.IO/, OR
OTHER ONLINE SERVICE OFFERED THROUGH GUIDEWISE, INCLUDING THE GROWTHDRIVERSTM
SOFTWARE APP (COLLECTIVELY, THE “SITE” OR “SITES”). BY USING AND PARTICIPATING IN THE SITES,
YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND AGREE TO BE BOUND BY AND COMPLY
WITH THEM. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, PLEASE PROMPTLY STOP ALL
ACCESS AND USE OF THE SITES. GUIDEWISE RESERVES THE RIGHT TO MODIFY THESE TERMS AT ANY
TIME AND WILL PUBLISH NOTICE OF ANY SUCH MODIFICATIONS ONLINE AT THIS SITE OR ELSEWHERE
ONLINE. BY CONTINUING TO ACCESS ANY SITE AFTER NOTICE OF SUCH MODIFICATIONS HAVE BEEN
PUBLISHED, YOU AGREE TO BE BOUND BY THEM.
Disclaimer
Sites may include unmoderated reviews, profiles, blogs, forums, and other content containing the
personal opinions and other expressions of the visitors and users who post entries on a wide range of
topics (“User Content”). Neither the User Content, nor links to other websites, are screened, approved,
or endorsed by Guidewise (“we”, “our” or “us”). Except as expressly noted, Guidewise is not a publisher
of any of the User Content, or of any content that may be available through links to and from them, and
with respect to User Content is acting solely as an internet service provider. If you feel you might be
offended by User Content on the Sites, you should not continue.
Privacy Policy
Please read our Privacy Policy at https://www.guidewise.io/. The Privacy Policy is incorporated herein by
reference.
Program Policies
Additional terms may apply to certain educational offerings provided for a fee (“Programs”), such as
Elite Entrepreneur Incubator© (“Program Policies”). You will be notified upon your enrollment in any
Program of any Program Policies applicable to you. Please be sure to read such Program Policies. They
are incorporated herein by reference. To the extent of any conflict between such Program Policies and
these Terms, the Program Policies will control.
Ownership and Permission to Use Materials
You acknowledge that the Site, all material and applications made available to you by GUIDEWISE,
including all written materials, forms, formulas, ideas, business systems, exercises to be completed,
personal questionnaires and evaluations, methodologies, tools, documentation, know-how, show-how,
programs, software, trade secrets, and other proprietary information, developed or presented by
GUIDEWISE or its third party providers (“GUIDEWISE Content”), whether provided or made generally
available by GUIDEWISE through the Site without a fee (“Site Materials”) or provided pursuant to your
enrollment in any Program (“Program Materials”), remains the sole and exclusive property of
GUIDEWISE and/or such providers.
Program Materials. In consideration of your enrollment in any Program, payment of the applicable fees
therefore as and when due, and compliance with the Terms, GUIDEWISE hereby grants to you a
personal, nonexclusive license to access and use, including through your enrolled business and enrolled
employees, the Program Materials for your educational and internal business purposes only. You will
not permit any enrolled business or enrolled employee to provide any copy of any Program Materials to
any person other than enrolled employees, including by any electronic means which contain or include
any Program Materials. The foregoing license is personal to you and excludes any right or permission to
introduce, train and educate persons, whether sub-contractors, independent contractors, or other
businesses or organizations, other than your enrolled businesses and enrolled employees.
Site License and Site Materials. In consideration of your compliance with the Terms, GUIDEWISE grants
you a personal, non-exclusive license to access and use the Site Materials. You may access and use the
Site and Site Materials only for your own personal, non-commercial, educational use. You may not
otherwise copy, reproduce, retransmit, distribute, publish, make available copies of any Site Materials,
commercially exploit or otherwise transfer any such Site Materials for the use of others.
License Limitations. The foregoing licenses are non-assignable, nontransferable and do not include the
right to sublicense. You may not use, display or otherwise make available Program Materials or Site
Materials, in an electronic format that enables it to be downloaded or distributed to any unenrolled
third party via mobile devices or shared in a file sharing arrangement, or by any other means.
You may not remove any notice of copyright, trademark or other proprietary right from any place where
it is on, or embedded in, the content. The burden of determining that use of any information, software
or any other content on the Site is permissible rests with you. All rights not expressly granted to you
herein are expressly reserved by GUIDEWISE.
Rules for Online Conduct
You may use Sites for legal purposes only. Furthermore, you agree that, if a third party claims that any
material you have contributed to a Site is unlawful, you will bear the burden of establishing that the
material complies with all applicable laws. You may not use GUIDEWISE program resources or Sites to
disseminate unsolicited advertising or promotional material of any kind or for any purpose prohibited by
these Rules for Online Conduct.
You agree to use the Sites in accordance with all applicable laws and these Terms. You further agree that
you will not email or post any of the following content anywhere on the Site:
• Content that defames or threatens others;
• Harassing statements or content that violates federal or state law;
• Content that discusses illegal activities with the intent to commit them;
• Content that infringes another’s intellectual property, including, but not limited to, copyrights,
trademarks or trade secrets;
• Material that contains obscene (i.e. pornographic) language or images;
• Advertising or any form of commercial solicitation; or
• Content that is otherwise unlawful.
Copyrighted material, including without limitation software, graphics, text, photographs, sound, video
and musical recordings, may not be placed on the Site without the express permission of the owner of
the copyright in the material, or other legal entitlement to use the material.
By posting User Content and information on the Site, you give permission for GUIDEWISE display the
User Content on the Site and make use of such content for any lawful purpose, subject to GUIDEWISE’s
obligations to protect your privacy and personal information as set forth in the Privacy Notice. Without
creating any obligation of GUIDEWISE to screen or monitor User Content, we reserve the right to
remove content which we determine in violate the above rules. To report potential violations of online
conduct, please flag the content as inappropriate or send an email to legal@guidewise.io.
You also agree that you will not access or attempt to access any other user’s account, or misrepresent or
attempt to misrepresent your identity while using the Sites.
Links to Other Sites
The Sites may include hyperlinks to websites maintained or controlled by others. GUIDEWISE is not
responsible for and does not routinely screen, approve, review, or endorse the contents of or use of any
of the products or services that may be offered at these websites.
Choice of Law/Forum Selection
These Terms shall be interpreted in accordance with and governed by the substantive laws of the
Commonwealth of Pennsylvania, without regard to any principles of conflicts of law thereof. The courts
of Pennsylvania, County of Lancaster, shall have the exclusive jurisdiction in any controversy relating to
or arising out of these Terms or the Site. Any claim or cause of action arising out of or related to these
Terms, or the Site must be filed no later than one year after such claim has accrued. GUIDEWISE shall be
entitled to an injunction, preliminary injunction, temporary restraining order, or other form of equitable
relief restraining any breach or violation of these Terms, and to exercise all other legal and equitable
remedies afforded to it by law, and to recover from you reasonable costs and attorneys’ fees incurred by
GUIDEWISE in exercising any such remedy.
Disclaimer of Warranty/Limitation of Liability
THESE SITES AND ANY INFORMATION, PRODUCTS OR SERVICES THEREIN ARE PROVIDED “AS IS”
WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION,
THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR USE OF A PARTICULAR PURPOSE, OR
NONINFRINGEMENT.
GUIDEWISE does not warrant, and hereby disclaims any warranties, either express or implied, (i) with
respect to the accuracy, adequacy or completeness of any Site, information obtained from a Site, link
to a Site, or any results derived from the use of the Sites, (ii) that Sites will operate in an
uninterrupted or error-free manner, or (iii) that Sites are free of viruses or other harmful components.
You acknowledge that GUIDEWISE makes no representation and expressly disclaims that any
GUIDEWISE Content, advice, or recommendations will increase sales, margins, profits, or efficiency,
reduce costs or expenses, improve operations or competitiveness, or have any other particular effect.
Use of all GUIDEWISE Content is at your own risk.
YOU AGREE THAT GUIDEWISE WILL NOT BE LIABLE TO YOU OR ANY OTHER THIRD PARTY FOR ANY
LOSS OR DAMAGES, EITHER ACTUAL OR CONSEQUENTIAL, ARISING OUT OF OR RELATING TO THESE
TERMS, OR TO YOUR (OR ANY THIRD PARTY’S) USE OR INABILITY TO USE A SITE, OR TO YOUR
PLACEMENT OF CONTENT ON A SITE, OR TO YOUR RELIANCE UPON INFORMATION OBTAINED FROM
OR THROUGH A SITE. IN PARTICULAR, GUIDEWISE WILL HAVE NO LIABILTY FOR ANY CONSEQUENTIAL,
INDIRECT, PUNITIVE, SPECIAL OR INCIDENTAL DAMAGES, WHETHER FORESEEABLE OR
UNFORESEEABLE, (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR DEFAMATION, ERRORS, LOSS OF
DATA, OR INTERRUPTION IN AVAILABILITY OF DATA), ARISING OUT OF OR RELATING TO THESE
TERMS, YOUR USE OR INABILITY TO USE A SITE OR GUIDEWISE MATERIALS, OR ANY PURCHASES ON
OR THROUGH A SITE, OR YOUR PLACEMENT OF CONTENT ON A SITE, OR TO YOUR RELIANCE UPON
INFORMATION OBTAINED FROM OR THROUGH A SITE OR ANY GUIDEWISE SERVICE, WHETHER BASED
IN CONTRACT, TORT, STATUTORY OR OTHER LAW, EXCEPT ONLY IN THE CASE OF. NOTWITHSTANDING
ANY OTHER PROVISION, GUIDEWISE’s LIABILITY FOR ANY CLAIM, LOSS OR LIABILITY CONNECTED
WITH THIS THESE TERMS, ANY AGREEMENT OR THE SERVICES, INCLUDING BREACH OF AGREEMENT,
WARRANTY, OR NEGLIGENCE (EXCLUDING ONLY CLAIMS BASED ON DEATH OR BODILY INJURY WHERE
AND ONLY TO THE EXTENT THAT APPLICABLE LAW REQUIRES SUCH LIABILITY), SHALL IN NO CASE
EXCEED THE ENROLLMENT FEES PAID BY CLIENT DURING THE 12 MONTH PERIOD PRECEDING THE
EVENT GIVING RISE TO THE CLAIM.
GUIDEWISE makes no representation regarding your ability to transmit and receive information from or
through the Sites and you agree and acknowledge that your ability to access the Sites may be impaired.
GUIDEWISE disclaims any and all liability resulting from or related to such events.
Trademarks
The logo, name, and all graphics of GUIDEWISE on the Sites, including Growthdrivers and Elite
Entrepreneur Incubator are trademarks of GUIDEWISE or its affiliates. Use, reproduction, copying or
redistribution of trademarks, without the written permission of GUIDEWISE or its affiliates is prohibited.
All other trademarks or service marks appearing on the Site are the marks of their respective owners.
Indemnification
You agree to indemnify and hold GUIDEWISE harmless from any claims, losses, or damages, including
legal fees, resulting from your violation of these Terms, your use of a Site or your placement of any
content onto a Site, and to fully cooperate in GUIDEWISE’s defense against any such claims.
Your Account
You are solely responsible for maintaining the confidentiality of your account any password or other
credentials issued to you, if any, and for restricting access to your computer, and you agree to accept
responsibility for all activities that occur under your account or password. If you are under 18, you may
purchase products or services only through a parent or guardian. You agree that billing and registration
information you provide on the Sites will be accurate and complete. GUIDEWISE and its affiliates reserve
the right to refuse service, terminate accounts, remove, or edit content, or cancel orders in their sole
discretion.
Other
The Sites may contain errors and omissions relating to product description, pricing and availability.
GUIDEWISE reserves the right to correct errors or omissions without prior notice. GUIDEWISE also
reserves the right to cancel any offered product or service in the event of an error or omission in the
description, including price, unavailability, or other reason.
General
These Terms constitute the entire agreement between you and GUIDEWISE and its affiliates with
respect to the subject matter herein and supersedes any and all prior or contemporaneous oral or
written agreements.
Copyright Complaints
GUIDEWISE respects the intellectual property rights of others. If you believe your copyright has been
violated on a GUIDEWISE site, please contact legal@guidewise.io.