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GraphGrid Terms and Conditions of Use

Last Updated May 4, 2018

Welcome to GraphGrid.  GraphGrid, Inc. and/or its affiliates (collectively “GraphGrid“) provide website features and other products and services to you when you visit GraphGrid Web sites, use GraphGrid products or services, use GraphGrid applications for mobile, or use software provided by GraphGrid in connection with any of the foregoing (collectively, “GraphGrid Services“). GraphGrid provides the GraphGrid Services subject to the following conditions.

ACCEPTANCE

This Agreement (“Agreement”) is made and entered into by and between GraphGrid, Inc. and you.  By using GraphGrid Services, you agree to be bound by the following terms and conditions.   Please read them carefully.

We offer a wide range of GraphGrid Services, and sometimes additional terms may apply. By using a GraphGrid Service (for example, GDS) you are entering into a binding contract with GraphGrid, Inc.  You also will be subject to the guidelines, terms, conditions and agreements applicable to that GraphGrid Service (“Service Terms“). If these Terms and Conditions of Use are inconsistent with the Service Terms, those Service Terms will control.

You acknowledge that you have read and understood these Terms and Conditions of Use, accept these Terms and Conditions of Use, and agree to be bound by them. If you don’t agree with (or cannot comply with) the Terms and Conditions of Use, then you may not use GraphGrid Services.

In order to use GraphGrid Services, you need to be 18 or older (or be 13 or older and have your parent or guardian’s consent), have the power to enter a binding contract with us and not be barred from doing so under any applicable laws. You also promise that any information that you submit to GraphGrid is true, accurate, and complete, and you agree to keep it that way at all times.

CHANGES TO TERMS AND CONDITIONS OF USE

Occasionally we may, in our discretion, make changes to these Terms and Conditions of Use. When we make material changes to the Terms and Conditions of use we will provide you with prominent notice as appropriate under the circumstances. In some cases, we will notify you in advance, and your continued use of GraphGrid Services after the changes have been made will constitute your acceptance of the changes. Please therefore make sure you read any such notice carefully. If you do not wish to continue using any component of GraphGrid Services under the new version of the Terms and Conditions of Use, you may discontinue use of GraphGrid Services by contacting us through the Customer Service contact form.

PRIVACY

Please review our Privacy Notice, which also governs your use of GraphGrid Services, to understand our practices.

YOUR ACCOUNT

You may need your own GraphGrid account to use certain GraphGrid Services, and you may be required to be logged in to the account and have a valid payment method associated with it. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. GraphGrid does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the GraphGrid Services only with involvement of a parent or guardian. GraphGrid reserves the right to refuse service, terminate accounts, terminate your rights to use GraphGrid Services, remove or edit content in its sole discretion. If you become aware of any unauthorized use of your password or account, you will notify GraphGrid as promptly as possible.

LICENSE AND ACCESS

Subject to your compliance with these Terms and Conditions of Use and any Service Terms, and your payment of any applicable fees, GraphGrid or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the GraphGrid Services. This license does not include any resale or commercial use of any GraphGrid Services, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any GraphGrid Services or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Terms and Conditions of Use or any Service Terms are reserved and retained by GraphGrid or its licensors, suppliers, publishers, rightsholders, or other content providers. No GraphGrid Services, nor any part of any GraphGrid Services, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of GraphGrid. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of GraphGrid without express written consent. You may not use any meta tags or any other “hidden text” utilizing GraphGrid’s name or trademarks without the express written consent of GraphGrid. You may not misuse the GraphGrid Services. You may use the GraphGrid Services only as permitted by law. The licenses granted by GraphGrid terminate if you do not comply with these Terms and Conditions of Use or any Service Terms.

GRAPHGRID SOFTWARE TERMS

The following terms (“Software Terms”) apply to any software (including any updates or upgrades to the software) and any related documentation we make available to you in connection with GraphGrid Services (the “GraphGrid Software“).

1.     Use of the GraphGrid Software. You may use GraphGrid Software solely for purposes of enabling you to use the GraphGrid Services as provided by GraphGrid, and as permitted by these Terms and Conditions of Use and any Service Terms. You may not incorporate any portion of the GraphGrid Software into other programs or compile any portion of it in combination with other programs, or otherwise copy (except to exercise rights granted in this section), modify, create derivative works of, distribute, assign any rights to, or license the GraphGrid Software in whole or in part. All software used in any GraphGrid Services is the property of GraphGrid or its software suppliers and is protected by United States and international copyright laws.

2.     Use of Third Party Services. When you use the GraphGrid Software, you may also be using the services of one or more third parties, such as a wireless carrier or a mobile software provider. Your use of these third party services may be subject to the separate policies, terms of use, and fees of these third parties.

3.     No Reverse Engineering. You may not reverse engineer, decompile or disassemble, tamper with, or bypass any security associated with the GraphGrid Software, whether in whole or in part.

4.     Updates. We may offer automatic or manual updates to the GraphGrid Software at any time and without notice to you.

5.     Government End Users. If you are a U.S. Government end user, we are licensing the GraphGrid Software to you as a “Commercial Item” as that term is defined in the U.S. Code of Federal Regulations (see 48 C.F.R. § 2.101), and the rights we grant you to the GraphGrid Software are the same as the rights we grant to all others under these Conditions of Use.

6.     Conflicts. In the event of any conflict between these Conditions of Use and any other GraphGrid or third-party terms applicable to any portion of GraphGrid Software, such as open-source license terms, such other terms will control as to that portion of the GraphGrid Software and to the extent of the conflict.

ELECTRONIC COMMUNICATIONS

When you use GraphGrid Services, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other GraphGrid Services and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

COPYRIGHT

All content included in or made available through any GraphGrid Services, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of GraphGrid or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any GraphGrid Services is the exclusive property of GraphGrid and protected by U.S. and international copyright laws.

TRADEMARKS

Click here to see a non-exhaustive list of GraphGrid trademarks. In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any GraphGrid Services are trademarks or trade dress of GraphGrid in the U.S. and other countries. GraphGrid’s trademarks and trade dress may not be used in connection with any product or service that is not GraphGrid’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits GraphGrid. All other trademarks not owned by GraphGrid that appear in any GraphGrid Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by GraphGrid.

PATENTS

One or more patents owned by GraphGrid apply to the GraphGrid Services and to the features and services accessible via the GraphGrid Services. Portions of the GraphGrid Services operate under license of one or more patents. Click here to see a non-exhaustive list of applicable GraphGrid patents and applicable licensed patents.

INFRINGEMENT

GraphGrid respects the rights of intellectual property owners. If you believe that your work has been copied, or that any content infringes upon your intellectual property rights, then please immediately contact us.

REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

You may post reviews, comments, photos, videos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. GraphGrid reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

If you do post content or submit material, and unless we indicate otherwise, you grant GraphGrid a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant GraphGrid and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify GraphGrid for all claims resulting from content you supply. GraphGrid has the right but not the obligation to monitor and edit or remove any activity or content. GraphGrid takes no responsibility and assumes no liability for any content posted by you or any third party.

PRODUCT DESCRIPTIONS

GraphGrid attempts to be as accurate as possible. However, GraphGrid does not warrant that product descriptions or other content of any GraphGrid Services is accurate, complete, reliable, current, or error-free. If you believe a GraphGrid Service is not as described, your sole remedy is to request a refund.

APP PERMISSIONS

When you use apps created by GraphGrid, such as the GraphGrid App, you may grant certain permissions to us for your device. Most mobile devices provide you with information about these permissions. To learn more about these permissions, click here.

SANCTIONS AND EXPORT POLICY

You may not use any GraphGrid Services if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the governments of the country where you are using GraphGrid Services. You must comply with all U.S. or other export and re-export restrictions that may apply to goods, software (including GraphGrid Software), technology, and services.

OTHER BUSINESSES

Parties other than GraphGrid provide services or software, or sell product lines through the GraphGrid Services. In addition, we provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant, the offerings of any of these businesses or individuals (including the content of their Web sites). GraphGrid does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

WE ENDEAVOR TO PROVIDE THE BEST SERVICE WE CAN, BUT YOU UNDERSTAND AND AGREE THAT THE GRAPHGRID SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE GRAPHGRID SERVICES ARE PROVIDED BY GRAPHGRID ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. GRAPHGRID MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE GRAPHGRID SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE GRAPHGRID SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE GRAPHGRID SERVICES IS AT YOUR SOLE RISK.    

TO THE FULLEST EXTENT PERMISSIBLE BY LAW, GRAPHGRID DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. GRAPHGRID DOES NOT WARRANT THAT THE GRAPHGRID SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE GRAPHGRID SERVICES, GRAPHGRID’S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM GRAPHGRID ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, GRAPHGRID WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY GRAPHGRID SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY GRAPHGRID SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

DISPUTES

You and GraphGrid agree that any dispute, claim or controversy between you and GraphGrid, or any claim relating in any way to your use of any GraphGrid Services, or to any products or services sold or distributed by GraphGrid will be resolved by binding arbitration, rather than in court.

You and GraphGrid further agree that the arbitrator shall have the exclusive power to rule on any objections with respect to the existence, scope or validity of the Arbitration Agreement or to the arbitrability of any claim or counterclaim. Arbitration is more informal than a lawsuit in court. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. There may be more limited discovery than in court. The arbitrator must follow this agreement and can award the same damages and relief as a court (including attorney fees), except that the arbitrator may not award any relief, including declaratory or injunctive relief, benefiting anyone but the parties to the arbitration. This arbitration provision will survive termination of this Agreement.

Exceptions:

Notwithstanding the clause above, you and GraphGrid both agree that nothing in this Arbitration Agreement will be deemed to waive, preclude, or otherwise limit either of our rights, at any time, to (1) bring an individual action in a U.S. small claims court or (2) bring an individual action seeking only temporary or preliminary individualized injunctive relief in a court of law, pending a final ruling from the arbitrator. In addition, this Arbitration Agreement doesn’t stop you or us from bringing issues to the attention of federal, state, or local agencies.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to 111 S Buckeye St Ste LL1, Wooster OH, 44691. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, GraphGrid will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in Wayne County, Ohio or at another mutually agreed location.

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

APPLICABLE LAW

By using any GraphGrid Services, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Ohio, without regard to principles of conflict of laws, will govern these Terms and Conditions of Use and any dispute of any sort that might arise between you and GraphGrid.  Venue of any action shall be in Wayne County, Ohio.

ENTIRE AGREEMENT

Other than as stated in this section or as explicitly agreed upon in writing between you and GraphGrid, this Agreement constitutes all the terms and conditions agreed upon between you and GraphGrid and supersede any prior agreements in relation to the subject matter of this Agreement, whether written or oral.

Please note, however, that other aspects of your use of the GraphGrid Services may be governed by additional agreements. That could include, for example, services such as GraphGrid. Upon using such additional services, you may be presented with related additional agreements, and you will have an opportunity to agree or decline such additional terms. To the extent that there is any irreconcilable conflict between any additional terms and these terms and conditions, the additional terms shall prevail.

SEVERABILITY AND WAIVER
Unless otherwise stated herein, should any provision of these Terms and Conditions of Use be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of this Agreement, and the application of that provision shall be enforced to the extent permitted by law.

Any failure by GraphGrid or any third party beneficiary to enforce the terms and conditions of this Agreement, or any provision thereof, shall not waive GraphGrid’s or the applicable third party beneficiary’s right to do so.

ASSIGNMENT
GraphGrid may assign this Agreement, or any part of it, and GraphGrid may delegate any of its obligations under this Agreement. You may not assign this Agreement or any part of it, nor transfer or sub-license your rights under this Agreement, to any third party.

INDEMNIFICATION
To the fullest extent permitted by applicable law, you agree to indemnify and hold GraphGrid harmless from and against all damages, losses, and expenses of any kind (including reasonable attorney fees and costs) arising out of: (1) your breach of this Agreement; (2) any User Content; (3) any activity in which you engage on or through the GraphGrid Service; and (4) your violation of any law or the rights of a third party.

SITE POLICIES, MODIFICATION, AND SEVERABILITY

Please review our other policies posted on this site. These policies also govern your use of GraphGrid Services. We reserve the right to make changes to our site, policies, Service Terms, and these Terms and Conditions of Use at any time. If any of these terms or conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

CONTACT US

If you have any questions concerning the GraphGrid Services or this Agreement, please contact us at:

GraphGrid, Inc.

111 S Buckeye St Ste LL1

Wooster, OH 44691

https://www.graphgrid.com/