Terms Of Service
Synergize Growth TERMS OF SERVICE
Governing Law: State of New York
Effective Date: January 7, 2026
Last Updated: January 15, 2026
Legal Entity: Synergize Growth LLC
Address: Church Street, NewYork 10007
Notices: admin@synergizegrowth.com
General Support: admin@synergizegrowth.com
IMPORTANT — PLEASE READ CAREFULLY BEFORE USING THE SERVICES
These Terms of Service ("Terms") constitute a legally binding agreement between you ("Client" or "you") and Synergize Growth. By accessing or using the Services in any manner — including clicking acceptance, signing an Order, paying an invoice, registering for a program, or accessing any Synergize Growth materials — you agree to be bound by these Terms. IF YOU DO NOT AGREE, DO NOT USE THE SERVICES. If you are entering these Terms on behalf of a company or other legal entity, you represent that you have authority to bind that entity.
1. DEFINITIONS
The following terms have the meanings set out below wherever they appear in these Terms.
"Agreement" means these Terms together with any applicable Order, SOW, or addendum executed between the parties.
"B2B Client" means a business entity (corporation, LLC, partnership, or other legal entity) purchasing Services primarily for commercial, institutional, or organizational purposes.
"B2C / B2I Client" means an individual consumer purchasing Services primarily for personal professional development, career growth, or non-commercial purposes.
"Client" means the person or entity (B2B, B2C/B2I) purchasing or receiving the Services, as identified in the Order or registration.
"Confidential Information" means non-public information disclosed by either party that is marked confidential or should reasonably be understood as confidential in the context disclosed.
"Content" means all Synergize Growth materials including frameworks, slides, videos, templates, worksheets, playbooks, scorecards, assessments, recordings, coaching notes, and written materials.
"DPA" means a Data Processing Addendum governing Synergize Growth's processing of personal data on behalf of a Client, where applicable.
"Order" means an order form, statement of work (SOW), proposal, registration page, checkout page, invoice, or similar purchase record that references these Terms.
"Participant" means any individual accessing or receiving the Services, including Client's employees, contractors, and invitees.
"Services" means all Synergize Growth services described in Section 4, including coaching, training, consulting, workshops, digital products, and related professional services.
"Subcontractor" means an associate coach, facilitator, or specialist engaged by Synergize Growth to assist in delivering the Services.
2. GOVERNING LAW AND JURISDICTION
These Terms are governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law provisions. Subject to Section 15 (Dispute Resolution), the parties consent to the exclusive jurisdiction of the state and federal courts located in [County], New York for the resolution of any disputes not subject to arbitration.
Nothing in these Terms limits any statutory rights a Client or Participant may have under the mandatory consumer protection laws of their jurisdiction of residence that cannot be waived by contract, including (without limitation) New York General Business Law § 349 (deceptive practices), New York Arts & Cultural Affairs Law § 33.09, the California Consumer Legal Remedies Act, or equivalent state statutes. Where such mandatory rights conflict with these Terms, the mandatory rights prevail to the extent of the conflict.
3. ELIGIBILITY AND AUTHORITY
By using the Services, you represent and warrant that:
- You are at least 18 years of age (or the applicable age of majority in your jurisdiction) and have full legal capacity to enter into this Agreement;
- If purchasing or registering on behalf of a company or other legal entity, you have full authority to bind that entity to these Terms, and the entity accepts these Terms;
- All registration and billing information you provide is accurate, current, and complete; and
- Your use of the Services will comply with all applicable federal, state, and local laws and regulations.
4. SCOPE OF SERVICES
4.1 Services Offered
Synergize Growth provides professional development services including, as applicable: sales consulting, training delivery, coaching (individual and group), workshops, enablement programs, curriculum design, leadership and manager coaching, program reinforcement, and related professional services (collectively, the "Services").
4.2 Engagement Types
Synergize Growth serves three categories of Client, each subject to the same base Terms unless a section expressly differentiates:
- Business-to-Business (B2B): Corporate and organizational clients purchasing Services for their teams or workforce.
- Business-to-Consumer / Business-to-Individual (B2C/B2I): Individual consumers purchasing coaching, training, or digital products for personal professional development.
- Business-to-Institutional (B2I — Institutional): Government entities, universities, non-profit organizations, and similar institutions. Institutional clients may require additional terms by Order or addendum.
4.3 Order Controls
Your Order may specify scope, deliverables, timing, fees, personnel, and special terms. If an Order expressly conflicts with these Terms, the Order controls solely for that conflict unless the Order states otherwise. No oral representations by Synergize Growth personnel, marketing materials, or proposals outside a signed Order form part of this Agreement.
4.4 Subcontractors
Synergize Growth may engage Subcontractors to deliver or assist in delivering the Services. Synergize Growth remains fully responsible for the performance of Subcontractors and their compliance with these Terms, including confidentiality and intellectual property obligations. Synergize Growth will not disclose Client Confidential Information to Subcontractors beyond what is necessary to perform the Services.
4.5 No Outcome Guarantees
Synergize Growth provides professional development services. We do not guarantee specific commercial outcomes — including revenue growth, quota attainment, hiring, promotion, investment returns, or employment placement — unless expressly warranted in a signed Order. Testimonials and case studies on Synergize Growth's website reflect individual results and are not representative of typical outcomes.
5. CLIENT AND PARTICIPANT RESPONSIBILITIES
Client agrees to:
- Provide accurate information including registration details, billing details, and Participant lists;
- Ensure Participants behave professionally and comply with these Terms and Synergize Growth's program conduct standards (Section 12);
- Provide timely access to relevant systems, data, stakeholders, and scheduling availability where required for delivery;
- Maintain appropriate internal policies and compliance obligations for its team, including HR, legal, regulatory, and industry-specific rules;
- Ensure Participants complete any prerequisite materials or pre-work specified in the Order; and
- Promptly notify Synergize Growth of any changes to authorized Participant lists.
Synergize Growth may suspend or limit access if reasonably necessary to prevent misuse, protect Confidential Information, or maintain a safe learning environment.
6. SCHEDULING, DELIVERY, AND PROGRAM LOGISTICS
6.1 Scheduling Confirmation
Dates are reserved when Synergize Growth confirms in writing. Unless the Order states otherwise, training and coaching may be delivered remotely or on-site as agreed. For on-site delivery, Client is responsible for providing a suitable venue including AV/internet access, seating, and reasonable facilities
6.2 Rescheduling by Client
Because Synergize Growth allocates facilitator and coaching capacity in advance, the following rescheduling policy applies unless the Order states otherwise:
- 14 or more days' notice: rescheduling permitted without fee, subject to availability.
- 7–13 days' notice: rescheduling fee of 25% of the affected session fee applies.
- Fewer than 7 days' notice or no-show: the session is treated as delivered and is forfeited with no credit or refund.
Synergize Growth may, in its reasonable discretion, waive rescheduling fees in documented emergency circumstances.
6.3 Rescheduling by Synergize Growth
If Synergize Growth must reschedule a session (due to facilitator illness, travel disruption, force majeure, or other cause), Synergize Growth will provide prompt written notice and offer alternative dates with commercially reasonable continuity of delivery. Remote delivery may be substituted for on-site delivery where feasible.
6.4 Session Recordings and Consent
If any session is to be recorded, Synergize Growth will provide written or verbal notice at the start of the session. Recording is subject to the following:
- Client may request a "no-recording" policy in writing prior to the session;
- Recordings may be used by Synergize Growth for internal program continuity, quality improvement, and providing access to Participants who missed a session, subject to confidentiality obligations;
- In states requiring all-party consent for recording (including California, Illinois, Washington, Florida, Maryland, Michigan, Montana, Nevada, New Hampshire, Oregon, and Pennsylvania), Synergize Growth will obtain express verbal or written consent from all Participants before recording commences;
- Participants who do not consent to recording may request that their audio/video be muted or that they participate without being recorded; and
- Recordings containing personal data are subject to Synergize Growth's Privacy Policy.
7. FEES, PAYMENT, TAXES, AND COLLECTION
7.1 Fees
Fees are as stated in the Order. Unless otherwise stated, fees are exclusive of applicable taxes, duties, and third-party costs (such as travel and venue expenses).
7.2 Payment Terms
Unless otherwise stated in the Order, invoices are due within 14 days of the invoice date. Late payments accrue interest at the lesser of 1.5% per month or the maximum rate permitted by applicable law. Client is responsible for reasonable costs of collection, including attorneys' fees, to the extent permitted by law.
7.3 Taxes
Client is responsible for all applicable sales tax, use tax, value-added tax (VAT), goods and services tax (GST), or similar taxes arising from the purchase of Services, except for taxes based on Synergize Growth's net income. If Synergize Growth is required by law to collect such taxes, they will be added to the invoice.
7.4 On-Site and Travel Expenses
Where on-site delivery is included in the Order, Client will reimburse Synergize Growth for pre-approved travel expenses (airfare, lodging, ground transport, and per diem) per the Order or Synergize Growth's standard travel policy, provided such expenses are reasonable and documented.
7.5 Payment Disputes and Chargebacks
Before initiating a chargeback or payment dispute with a financial institution, Client agrees to notify Synergize Growth in writing and allow 10 business days to attempt resolution. Chargebacks not supported by good faith dispute will be treated as non-payment and may result in immediate suspension of Services. Nothing in this section limits any statutory chargeback rights of individual consumers.
8. REFUND POLICY AND SERVICE GUARANTEE
CONSUMER NOTICE — B2C/B2I CLIENTS: If you are an individual consumer, nothing in this Section 8 limits any mandatory refund, cancellation, or cooling-off rights you may have under the laws of your state of residence that cannot be waived by contract. In New York, General Business Law § 396 governs refund disclosures. In California, you have the right to cancel certain contracts for services within 3 business days of signing (Business & Professions Code § 17538.9 and Civil Code § 1689.5 et seq.). Where applicable law grants you stronger protections than those described below, those statutory rights prevail.
8.1 General Policy — All Sales Final
All purchases are final. Synergize Growth does not offer refunds for Services — including coaching, training, workshops, digital products, downloads, or subscriptions — except (a) where expressly required by applicable law, (b) as provided in the Service Guarantee below, or (c) where Synergize Growth terminates the engagement without cause prior to delivery.
8.2 Rationale
Synergize Growth's Services involve reserved facilitator and coaching capacity allocated in advance, proprietary Content made available upon payment, and significant preparation costs. Once purchased, value is delivered through reserved time, access to materials, and intellectual effort.
8.3 Synergize Growth Service Guarantee
Synergize Growth guarantees: (a) delivery of Services materially as described in the Order; (b) professional facilitation and coaching standards; and (c) Content quality consistent with Synergize Growth's published methodology.
If you reasonably believe Synergize Growth has not met the above standard, you must notify Synergize Growth in writing within 14 days of the relevant session or deliverable, providing sufficient detail of the alleged deficiency. Synergize Growth will review the claim in good faith and, if validated, will provide one of the following remedies at Synergize Growth's election:
- Re-performance: re-deliver the session or deliverable at no additional charge;
- Replacement: substitute a materially equivalent session or deliverable; or
- Service credit: a non-cash, non-transferable credit toward future Synergize Growth Services, up to the fees paid for the deficient portion.
This remedy process is the exclusive remedy for service-quality disputes, except where prohibited by applicable mandatory law.
8.4 Synergize Growth-Initiated Cancellation
If Synergize Growth cancels a confirmed session or engagement without cause and cannot reschedule within 30 days, Client is entitled to a pro-rata refund of fees paid for the undelivered portion.
8.5 Client Termination for Convenience
A Client may terminate an ongoing engagement for convenience with 30 days' written notice. Upon such termination: (a) Client owes fees for all Services delivered and for any non-cancellable costs Synergize Growth has incurred; (b) pre-paid fees for undelivered Services will be credited as a service credit toward future Services, or refunded at Synergize Growth's discretion for B2C/B2I Clients with demonstrated financial hardship.
8.6 Subscription and Auto-Renewal Disclosures
AUTO-RENEWAL NOTICE: If your Order includes a subscription, retainer, or automatically renewing program (each a "Recurring Program"), the following disclosures apply and are made conspicuously prior to purchase:
- The subscription period, renewal frequency, and fees applicable to each renewal cycle will be stated clearly in the Order and/or checkout page prior to your purchase;
- Your Recurring Program will automatically renew at the end of each period unless you cancel in accordance with the cancellation procedure below;
- You will receive a written renewal reminder at least 7 days before each renewal date (30 days for annual subscriptions) at the email address on file;
- To cancel, you may: (i) email Synergize Growth at admin@synergizegrowth.com; (ii) submit a cancellation request through your client portal (if applicable) Cancellation must be received at least 3 business days before the renewal date to be effective for the upcoming period;
- Cancellation is as easy as sign-up. Synergize Growth will not make cancellation unreasonably difficult or require steps beyond those listed above;
- Following cancellation, you will retain access through the end of the current paid period; no refund is issued for partial periods except where required by law; and
- For California residents: these auto-renewal terms comply with the California Automatic Renewal Law (Business & Professions Code § 17600 et seq.) as amended effective July 1, 2025. You may cancel at any time.
These auto-renewal disclosures comply with the FTC Negative Option Rule (16 C.F.R. Part 425) and applicable state automatic renewal laws. Synergize Growth does not implement negative-option enrollment — you must affirmatively consent to any Recurring Program at the time of purchase.
9. INTELLECTUAL PROPERTY AND LICENSE
9.1 Synergize Growth Ownership
Synergize Growth retains all right, title, and interest in and to the Services and Content, including all patents, copyrights, trademarks, trade secrets, and other intellectual property rights worldwide. No rights are granted except as expressly stated in this Agreement.
9.2 Limited License to Client and Participants
Subject to payment in full and compliance with this Agreement, Synergize Growth grants Client a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Content solely for: (a) Client's internal business purposes (B2B/B2I Institutional), or (b) personal professional development purposes (B2C/B2I Individual), during the access period stated in the Order.
9.3 Prohibited Uses
Client may not, and may not permit others to:
- Copy, reproduce, distribute, publish, display, or create derivative works from the Content beyond the license granted in Section 9.2;
- Sublicense, sell, resell, transfer, or otherwise commercialize the Content or any portion thereof;
- Share login credentials or grant access to individuals who are not registered Participants;
- Reverse engineer, decompile, scrape, or extract any portion of the Services or underlying technology;
- Remove, alter, or obscure any proprietary or copyright notices in the Content; or
- Use the Content to develop competing training, coaching, or consulting products or services.
9.4 Client Materials
If Client provides materials, data, or information to Synergize Growth to perform the Services ("Client Materials"), Client grants Synergize Growth a limited, non-exclusive license to use Client Materials solely to perform the Services. Client represents it has all necessary rights to provide such materials. Synergize Growth will not use Client Materials for any other purpose and will treat them as Confidential Information.
9.5 Feedback
If Client or any Participant provides feedback, suggestions, or ideas about the Services, Synergize Growth may use such feedback to improve its Services without obligation or compensation to the providing party.
10. CONFIDENTIALITY
10.1 Confidential Information
"Confidential Information" means any non-public information disclosed by one party (the "Disclosing Party") to the other (the "Receiving Party") that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and circumstances of disclosure. This includes, without limitation: business plans, pricing, financial data, sales pipeline data, customer lists, personnel information, strategic plans, coaching session notes, assessment results, playbooks, and program materials.
10.2 Obligations
Each party will: (a) protect the other's Confidential Information with at least the same degree of care it uses to protect its own confidential information, but in no event less than reasonable care; (b) use Confidential Information only to perform or receive the Services; and (c) disclose Confidential Information only to employees, contractors, and advisors who have a legitimate need to know and are bound by written confidentiality obligations no less restrictive than these Terms.
10.3 Duration
Confidentiality obligations survive termination of this Agreement for a period of three (3) years for general Confidential Information and indefinitely for trade secrets as defined under applicable law.
10.4 Exclusions
Confidentiality obligations do not apply to information that: (a) is or becomes publicly known through no breach of this Agreement; (b) was already known to the Receiving Party at the time of disclosure without restriction; (c) is independently developed by the Receiving Party without use of the Disclosing Party's Confidential Information; or (d) is lawfully received from a third party without restriction.
10.5 Compelled Disclosure
A party may disclose Confidential Information if required by applicable law, regulation, or court order, provided it gives the Disclosing Party prompt written notice (to the extent legally permitted) and reasonably cooperates in seeking a protective order or other protective measures.
10.6 Data Destruction and Return
Upon termination of this Agreement or upon written request, each party will promptly return or destroy the other's Confidential Information and certify such destruction in writing upon request.
11. PRIVACY AND DATA PROTECTION
11.1 Privacy Policy
Synergize Growth's collection, use, and sharing of personal data is governed by Synergize Growth's Privacy Policy, available at https://admin@synergizegrowth.com, which is incorporated by reference. By using the Services, you acknowledge receipt of and consent to the Privacy Policy.
11.2 State Privacy Law Compliance
Synergize Growth complies with applicable U.S. state privacy laws, including the California Consumer Privacy Act / California Privacy Rights Act (CCPA/CPRA), the New York SHIELD Act, and equivalent laws in Virginia, Colorado, Texas, and other applicable states. Participants and Clients have the following rights to the extent applicable under their state of residence:
- Right to know what personal data Synergize Growth collects and how it is used;
- Right to request deletion of personal data, subject to legal retention obligations;
- Right to opt out of the sale or sharing of personal data for targeted advertising;
- Right to correct inaccurate personal data; and
- Right to non-discrimination for exercising privacy rights.
To exercise these rights, contact Synergize Growth at admin@synergizegrowth.com or as directed in the Privacy Policy.
11.3 Data Processing Addendum (B2B / Institutional)
B2B and Institutional Clients that provide personal data of their employees or customers to Synergize Growth as part of the Services, and that are subject to CCPA/CPRA or other applicable data protection law as a "business" or "controller," may request a Data Processing Addendum (DPA) governing Synergize Growth's processing of such data as a "service provider" or "processor." Contact admin@synergizegrowth.com to request a DPA.
11.4 Session Data
Assessment results, coaching session notes, and participation data are treated as Confidential Information and are not shared with third parties except as required to perform the Services or as directed by the Client. Aggregate, anonymized data may be used by Synergize Growth for product improvement and research.
12. PROGRAM CONDUCT AND COMMUNITY STANDARDS
Synergize Growth is committed to maintaining inclusive, respectful, and productive learning environments. All Participants must conduct themselves professionally. The following are prohibited:
- Harassment, discrimination, or intimidation of any Participant, facilitator, or Synergize Growth personnel based on any protected characteristic;
- Unauthorized recording of sessions or screen capture of Content;
- Sharing, distributing, or reproducing Synergize Growth Content outside the scope of the license in Section 9;
- Disruptive behavior that interferes with the learning experience of other Participants; and
- Any use of the Services for unlawful purposes.
Synergize Growth reserves the right to remove any Participant from a session or program for violations of these standards, without refund. Client remains liable for fees for removed Participants.
12.1 Accessibility and Accommodations
Synergize Growth is committed to providing accessible services. Participants or Clients requiring disability accommodations (including captioning, accessible materials, or alternative formats) under the Americans with Disabilities Act (ADA) or applicable state law should notify Synergize Growth at least 10 business days before a session. Synergize Growth will make reasonable accommodations at no additional cost. Synergize Growth's digital platforms are designed with accessibility in mind and are periodically reviewed against WCAG 2.1 standards.
13. DISCLAIMER OF WARRANTIES
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." Synergize Growth EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
Synergize Growth does not warrant that the Services will be uninterrupted, error-free, secure, or free from viruses; that results will meet specific expectations; or that any particular commercial outcomes will be achieved.
Consumer Rights Preserved: Nothing in this Section limits any implied warranty rights that cannot be excluded by contract under applicable mandatory consumer protection law, including New York General Business Law § 349, the Magnuson-Moss Warranty Act (for goods), or equivalent state consumer statutes.
14. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW:
- NEITHER PARTY WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING LOST PROFITS, LOST REVENUE, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATED TO THIS AGREEMENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- Synergize Growth'S TOTAL AGGREGATE LIABILITY FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES WILL NOT EXCEED THE TOTAL FEES PAID BY CLIENT TO Synergize Growth IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY (OR SUCH OTHER CAP STATED IN AN ORDER).
The limitation of liability in this Section is mutual — it applies to claims by both Synergize Growth and Client against the other.
The following claims are excluded from the liability cap and consequential damages exclusion: (a) death or personal injury caused by a party's negligence; (b) fraud or willful misconduct; (c) a party's indemnification obligations under Section 16; and (d) breach of confidentiality obligations under Section 10.
State Law Note: Some states (including New Jersey and Massachusetts) do not permit exclusion of consequential damages in consumer contracts. In those states, the exclusion applies to the greatest extent permitted by law and does not apply to B2C/B2I Clients to the extent prohibited.
15. DISPUTE RESOLUTION
15.1 Informal Resolution
Before initiating formal legal proceedings, the parties agree to attempt in good faith to resolve any dispute through direct negotiation. Either party may initiate informal resolution by providing written notice describing the dispute. The parties will have 30 days from such notice to attempt resolution.
15.2 Binding Arbitration (B2B and B2I Institutional Clients)
For B2B and B2I Institutional Clients, any dispute, claim, or controversy arising out of or relating to this Agreement that is not resolved informally will be resolved by binding arbitration administered by JAMS pursuant to its Streamlined Arbitration Rules and Procedures (for claims under $250,000) or its Comprehensive Arbitration Rules (for larger claims), with one arbitrator, conducted in [County], New York (or remotely if agreed). Judgment on the award may be entered in any court of competent jurisdiction.
CLASS ACTION WAIVER (B2B / INSTITUTIONAL): B2B and Institutional Clients agree that disputes will be arbitrated only on an individual basis and not as a class, collective, or representative action. B2B Clients waive the right to trial by jury for disputes subject to this Section.
15.3 Court Proceedings (B2C/B2I Individual Clients)
Individual Consumer Notice: For B2C/B2I Individual Clients, Synergize Growth does not require mandatory arbitration or class action waivers. Individual consumers may bring disputes in any court of competent jurisdiction, including small claims court where applicable. Nothing in Section 15.2 applies to individual consumer Clients.
15.4 Injunctive Relief
Notwithstanding the foregoing, either party may seek emergency injunctive or equitable relief from a court of competent jurisdiction to prevent actual or threatened infringement of intellectual property rights or breach of confidentiality obligations.
15.5 Governing Rules
Arbitration proceedings will be governed by the Federal Arbitration Act (9 U.S.C. § 1 et seq.) to the fullest extent permissible, and the substantive law of the State of New York will apply.
16. INDEMNIFICATION
16.1 Client Indemnification of Synergize Growth
Client agrees to defend, indemnify, and hold harmless Synergize Growth and its officers, directors, employees, and Subcontractors from and against any third-party claims, damages, losses, and costs (including reasonable attorneys' fees) arising out of or relating to: (a) Client's or Participants' misuse of the Services; (b) Client's violation of these Terms; (c) infringement or misappropriation of third-party intellectual property rights resulting from Client Materials; or (d) Client's business practices, including employment decisions and compliance obligations.
16.2 Synergize Growth Indemnification of Client (B2B / Institutional)
Synergize Growth agrees to defend, indemnify, and hold harmless B2B and Institutional Clients from and against third-party claims that the Content or Services, as delivered, infringe a valid U.S. copyright, trademark, or patent, provided Client (a) promptly notifies Synergize Growth of the claim; (b) gives Synergize Growth sole control of the defense; and (c) cooperates reasonably. This indemnification does not apply to infringement caused by Client's modification of Content or use outside the scope of the license.
16.3 Insurance
Synergize Growth maintains commercial general liability insurance and professional liability (errors and omissions) insurance at levels customary for professional services firms of Synergize Growth's size and service type. Evidence of insurance is available upon written request. B2B and Institutional Clients requiring specific minimum coverage levels should address those requirements in their Order or addendum.
17. TERMINATION AND SUSPENSION
17.1 Termination for Cause by Synergize Growth
Synergize Growth may suspend or terminate access immediately upon written notice if Client: (a) fails to pay amounts due and does not cure within 10 business days of notice; (b) materially infringes Synergize Growth IP; (c) materially breaches confidentiality obligations; or (d) materially misuses the Services in a manner that cannot be remedied.
17.2 Termination for Cause by Client
Client may terminate this Agreement immediately upon written notice if Synergize Growth materially breaches its obligations and fails to cure such breach within 30 days of written notice. In such case, Synergize Growth will refund pre-paid fees for undelivered Services.
17.3 Termination for Convenience
Either party may terminate an ongoing engagement for convenience upon 30 days' written notice, subject to the payment and credit terms in Section 8.5.
17.4 Effect of Termination
Upon termination for any reason: (a) all licenses granted under Section 9 terminate immediately; (b) Client must cease use of and delete all Content within 30 days; and (c) Sections that by their nature should survive will survive, including Sections 9, 10, 11, 13, 14, 15, 16, and this Section 17.4.
18. MARKETING, TESTIMONIALS, AND FTC COMPLIANCE
18.1 Testimonials and Reviews
If you voluntarily provide a testimonial, review, or endorsement, you grant Synergize Growth a non-exclusive, worldwide, royalty-free license to use it in marketing materials (digital and print), unless you revoke this permission in writing. Synergize Growth will not materially alter testimonials in a way that misrepresents your experience.
18.2 FTC Endorsement Disclosure
Synergize Growth complies with the FTC's Guides Concerning Endorsements and Testimonials (16 C.F.R. Part 255) and the FTC's Rule on the Use of Consumer Reviews and Testimonials (2024). Accordingly:
- Any endorsement or testimonial where the endorser received compensation, a discount, or free services will include a clear and conspicuous disclosure (e.g., "Compensated Client" or "Incentivized Review");
- Synergize Growth does not purchase, fabricate, or suppress reviews; and
- Synergize Growth employees, contractors, or agents who provide reviews or endorsements of the Services must disclose their material connection to Synergize Growth.
18.3 Results Claims
Testimonials on Synergize Growth's website and materials reflect individual experiences and are not representative of typical outcomes. Synergize Growth does not make outcome guarantees through marketing materials, and any results referenced in testimonials may not be typical.
18.4 Case Studies
Any case study that identifies Client by name or is reasonably attributable to Client requires Client's prior written approval. Aggregate, anonymized data not reasonably attributable to Client may be used without prior approval.
19. ELECTRONIC COMMUNICATIONS AND SIGNATURES
In accordance with the Electronic Signatures in Global and National Commerce Act (ESIGN, 15 U.S.C. § 7001 et seq.) and the Uniform Electronic Transactions Act (UETA) as adopted in New York (N.Y. State Technology Law § 301 et seq.) and other applicable states:
- Electronic signatures and click-wrap acceptance of these Terms are legally binding to the same extent as handwritten signatures;
- Electronic records satisfy any legal requirement that a record be in writing; and
- You consent to receive legal notices, invoices, program communications, and updates electronically via email or platform notification.
You may withdraw consent to electronic communications by contacting Synergize Growth at admin@synergizegrowth.com, but doing so may limit your ability to access the Services.
20. FORCE MAJEURE
Neither party will be in breach of this Agreement for any delay or failure in performance to the extent caused by circumstances beyond that party's reasonable control, including natural disasters, pandemics, epidemics, acts of government, war, terrorism, strikes or labor disputes (other than those involving the affected party's own employees), internet outages, or disruptions to third-party infrastructure ("Force Majeure Event").
A party affected by a Force Majeure Event will: (a) promptly notify the other party in writing; (b) take reasonable steps to mitigate the impact; and (c) resume performance as soon as reasonably practicable. Synergize Growth will make commercially reasonable efforts to deliver affected Services remotely where feasible. If a Force Majeure Event prevents Synergize Growth from delivering Services for more than 60 consecutive days, Client may terminate the affected portion of the Order and receive a pro-rata refund of pre-paid fees.
21. COPYRIGHT COMPLAINTS (DMCA)
If you believe that content on Synergize Growth's platform infringes your copyright, please submit a written notice to Synergize Growth's designated DMCA agent containing: (a) identification of the copyrighted work; (b) identification of the allegedly infringing material and its location; (c) your contact information; (d) a statement of good faith belief that the use is not authorized; and (e) a statement under penalty of perjury that the information is accurate and you are authorized to act on behalf of the copyright owner.
Synergize Growth's DMCA registered agent is listed with the U.S. Copyright Office in accordance with 17 U.S.C. § 512(c)(2). Counter-notifications and repeat infringer policies are addressed in Synergize Growth's full DMCA Policy available on the website.
22. CHANGES TO THESE TERMS
Synergize Growth may update these Terms periodically. For material changes, Synergize Growth will provide at least 14 days' advance notice by: (a) posting updated Terms on the website with a new "Last Updated" date; and (b) sending an email notice to the address on file.
For B2C/B2I Individual Clients: material changes will not apply retroactively to Services already purchased. Continued use of the Services after the effective date of updated Terms constitutes acceptance. If you do not agree to updated Terms, you may terminate for convenience under Section 17.3 prior to the effective date.
23. GENERAL PROVISIONS
Entire Agreement: These Terms, together with any Order, constitute the entire agreement between the parties regarding the Services, superseding all prior negotiations, representations, or agreements. No sales representative's oral statement, proposal, or marketing material outside a signed Order forms part of this Agreement.
Severability: If any provision is found unenforceable, it will be modified to the minimum extent necessary to make it enforceable, and the remainder of the Terms will continue in full force.
No Waiver: Failure by either party to enforce any provision will not constitute a waiver of the right to enforce it thereafter.
Assignment: Client may not assign these Terms without Synergize Growth's prior written consent, except that Client may assign to a successor-in-interest via merger, acquisition, or asset sale with reasonable advance written notice. Synergize Growth may assign these Terms to an affiliate or successor without consent. Any unauthorized assignment is void.
Relationship of Parties: The parties are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, franchise, or employment relationship.
Headings: Section headings are for convenience only and do not affect interpretation.
Counterparts: Orders or addenda may be executed in counterparts (including electronically), each of which will be deemed an original and together will constitute one instrument.
24. CONTACT AND NOTICES
All legal notices under this Agreement must be in writing and delivered by: (a) email with confirmation of receipt; (b) overnight courier; or (c) certified U.S. mail, return receipt requested.
Notices to Synergize Growth must be addressed to:
Synergize Growth LLC
Attn: Legal Department
Legal notices: admin@synergizegrowth.com
General support: admin@synergizegrowth.com
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