Diaz & Cooper Advertising, Inc., d/b/a Diaz & Cooper and Level350 by Diaz & Cooper
Contact: info@diazcooper.com
These Terms of Service (“Terms”) govern the purchase and use of TradeGROW™ (“TradeGROW”), a HubSpot-native event follow-up and revenue acceleration system offered by Diaz & Cooper Advertising, Inc., doing business as Diaz & Cooper and Level350 by Diaz & Cooper (“Company,” “we,” “us,” or “our”). These Terms form a binding agreement between Company and the individual or legal entity purchasing TradeGROW (“Customer,” “you,” or “your”).
By checking the acceptance box presented at checkout and completing payment, Customer confirms that it has read, understood, and agrees to be bound by these Terms in full. If Customer does not agree, Customer must not complete the purchase. No purchase of TradeGROW is valid or will be processed without this affirmative acceptance.
Company may update these Terms from time to time. The version of these Terms in effect at the time Customer completes a purchase governs that purchase. Company will post the then-current Terms, along with the effective date, at https://www.diazcooper.com/terms-of-use, so Customer can review the applicable version before purchasing.
TradeGROW is a proprietary system, built natively inside Customer's own HubSpot portal, designed to help B2B commercial teams capture, route, follow up on, and report on trade show and event-sourced leads. TradeGROW is delivered through a hybrid model: Company's team builds and configures the core TradeGROW structure directly within the Licensed Portal (Section 4), and the Tier purchased (Section 3) determines the level of ongoing live guidance Customer's team receives after that core build is complete.
TradeGROW is built on top of HubSpot, a software platform owned and operated independently by HubSpot, Inc. TradeGROW is not a HubSpot product, and nothing in these Terms or in Company's marketing is intended to state or imply that HubSpot, Inc. endorses, sponsors, or approves of TradeGROW. Customer's use of the underlying HubSpot platform is governed exclusively by Customer's own subscription agreement with HubSpot, Inc.
TradeGROW is offered in three Tiers: Standard, Plus, and Premium. Each Tier includes the core TradeGROW build described in Section 2, plus the following level of post-build support:
The specific scope of work, deliverables, and support cadence for the Tier purchased are set out in the applicable TradeGROW package description and Order Form provided at the time of purchase, incorporated into these Terms by reference. If these Terms and an Order Form conflict, these Terms govern license scope, payment, refunds, liability, and dispute resolution; the Order Form governs the specific Tier, fees, and deliverables purchased.
Subject to Customer's payment of all applicable fees and compliance with these Terms, Company grants Customer a limited, non-exclusive, non-transferable, non-sublicensable license to use TradeGROW solely for Customer's own internal business purposes, within the single HubSpot portal identified on Customer's Order Form (the “Licensed Portal”).
This license is scoped to one legal entity and one Licensed Portal per purchase. It does not extend to any parent company, subsidiary, affiliate, sister company, or other business unit of Customer operating a separate HubSpot portal, regardless of common ownership. An affiliated entity that wants to use TradeGROW in its own portal must purchase its own separate license.
Customer may modify and customize the TradeGROW build within the Licensed Portal for its own internal use. Customer may not, and may not permit any third party to:
No license is granted to HubSpot itself, or to any HubSpot trademark, under these Terms. All rights not expressly granted in this Section 4 are reserved by Company.
TradeGROW is sold as a one-time, non-recurring purchase per Tier. There is no subscription, auto-renewal, or recurring billing associated with a TradeGROW purchase. Fees for the Tier purchased are as stated on the applicable Order Form or checkout page at the time of purchase, and are due in full before Company begins any build work within the Licensed Portal.
Payment is processed through HubSpot Payments or another payment processor designated by Company. By completing a purchase, Customer authorizes Company (or its designated processor) to charge the payment method provided for the full purchase price. Fees are stated exclusive of any applicable sales, use, or similar taxes.
Customer must affirmatively check the box confirming acceptance of these Terms before a purchase can be completed. Upon successful completion of a purchase, Company will send Customer an order confirmation email and an invoice reflecting the Tier purchased, the fees paid, and the scope of work referenced in Section 3.
All TradeGROW purchases are final. Except where required by applicable law, Company does not offer refunds, credits, or exchanges once a purchase is completed, regardless of whether Customer has begun using TradeGROW, requested changes, or completed the onboarding process. Customer acknowledges this no-refund policy before completing payment, via the acceptance checkbox described in Section 5.
If Customer has a billing concern, Customer agrees to contact Company first at info@diazcooper.com before contacting its bank or card issuer to dispute the charge. Initiating a chargeback without first contacting Company, where the underlying charge was authorized and TradeGROW was delivered in accordance with these Terms, may be treated as a breach of these Terms.
Company owns and retains all right, title, and interest in and to TradeGROW, including its underlying methodology, frameworks, templates, workflows, playbooks, documentation, and all other materials Company creates or provides in connection with a TradeGROW purchase (“Company IP”). Except for the limited license granted in Section 4, no ownership interest in Company IP is transferred to Customer.
As between Company and Customer, Customer retains ownership of its own HubSpot portal, its underlying data, and any content it independently creates or uploads (“Customer Data”).
“TradeGROW,” “Diaz & Cooper,” and “Level350” are trademarks or trade names of Company. HubSpot® is a trademark of HubSpot, Inc. References to HubSpot are used only to describe TradeGROW's compatibility with the HubSpot platform and do not imply any affiliation with, sponsorship by, or endorsement from HubSpot, Inc.
Results from using TradeGROW vary by organization and are influenced by factors outside Company's control, including Customer's sales execution, event attendance and lead quality, existing CRM data hygiene, market conditions, and how consistently Customer's team follows the processes built into TradeGROW. Company makes no representation that any particular Customer will achieve any specific increase in event-sourced pipeline, revenue, lead conversion, or any other business outcome.
Any case studies, examples, or figures referenced in Company's marketing materials are illustrative only and are not a guarantee, projection, or warranty of results. Company does not guarantee any specific return on investment, revenue outcome, or event-sourced pipeline figure.
Except as expressly stated in these Terms, TradeGROW is provided “as is” and “as available,” without warranties of any kind, whether express, implied, or statutory, including any implied warranties of merchantability, fitness for a particular purpose, or non-infringement, to the maximum extent permitted by applicable law.
To the maximum extent permitted by applicable law, in no event will Company be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, data, or business opportunities, arising out of or relating to a TradeGROW purchase.
Company's total aggregate liability to Customer will not exceed the total fees Customer actually paid to Company for the Tier giving rise to the claim. This limitation applies regardless of the number of claims and survives any termination of Customer's use of TradeGROW.
These Terms, and any dispute arising out of or relating to a TradeGROW purchase, are governed by the laws of the State of Florida, without regard to its conflict of laws principles.
Any dispute brought by Customer against Company will be resolved by binding arbitration administered by Eleventh Judicial Circuit of Florida, seated in Miami-Dade County, Florida. Customer and Company each waive the right to bring or participate in a class, collective, or representative action. This arbitration requirement does not apply to Company's own claims for nonpayment, which Company may bring in small claims court or the Eleventh Judicial Circuit of Florida in Miami-Dade County, Florida.
If any provision is found unenforceable, the remainder remains in full force and effect. These Terms, together with the applicable Order Form, constitute the entire agreement between Company and Customer regarding TradeGROW.
Notices to Company should be sent to info@diazcooper.com. Notices to Customer will be sent to the email address provided at the time of purchase.