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Terms of Use Agreement
This Terms of Use Agreement (“Agreement”) constitutes a valid, binding contract between you and Grubz Gear LLC, an
Arizona company (“Grubz Gear”), the owner and operator of the site accessible through www.gogetgrubby.com,
with respect to the use of this website (the “Site”). The products and services of Grubz Gear are provided subject to compliance
with the terms of this Agreement. Your use of this Site signifies and
constitutes your acceptance of this Agreement, as it may be amended from time
to time. Please read this Agreement carefully as it forms a binding contract
between you and Grubz Gear. Please print a copy of this agreement for your
records.
Grubz Gear takes the issue of privacy on the Internet very seriously. To view
our Privacy Policy, click here.
Territory
The products and services sold through this Site may be sold to persons who
reside anywhere in the world, although Grubz Gear recognizes that such products
and services will mostly be used in the United States.
Personal Use of Contents
The content of the Site is for your personal, noncommercial use. Content copied,
downloaded or printed must retain all the copyright, trademark and other
proprietary notices. For commercial use of any portion of the contents you must
secure the written consent from the appropriate content provider.
Use of Site
Your use of the Site is at the sole discretion of Grubz Gear, which may deny you
further use of the Site at any time, for any reason, with or without cause.
Your use of the this site does not entitle you to continued use of the Site.
Your use of the Site must always comply with applicable law. In particular, but
without limitation, you agree and represent not to use the Site to:
(a) impersonate any person or entity or falsely state or otherwise misrepresent
your affiliation with any person or entity;
(b) upload, post, e-mail or otherwise transmit any content that is unlawful,
harmful, threatening, abusive, harassing, tortious, defamatory, vulgar,
obscene, libelous, invasive of another's privacy, hateful, or racially,
ethnically or otherwise objectionable;
(c) upload, post, e-mail or otherwise transmit any content that infringes any
patent, trademark, trade secret, copyright or other proprietary rights of any
party; or
(d) upload, post, e-mail or otherwise transmit any material that contains
software viruses or any other computer code, files or programs designed to
interrupt, destroy or limit the functionality of any computer software,
network, hardware or telecommunications equipment.
User Submissions
By voluntarily submitting information, communications or content (including
pictures and anecdotes) to the site, you agree that such submissions are
non-confidential for all purposes. You further agree that such submissions
become the property of Grubz Gear and that all title and interest therein,
including all rights of copyright, shall rest with Grubz Gear at the time they
are submitted and/or posted. Such submissions are subject to being used,
reproduced, modified, published, edited, translated, distributed, performed and
displayed in any media or medium, or any form, format or forum now known or
hereafter developed, for any purpose, in perpetuity without further notice. The
submission of such materials in no way creates any obligation or duty on the
part of Grubz Gear to post or use such materials or, if we do so, to give you
credit.
Links to Other Sites
The Site may contain links to third party websites. Such third party websites
are not under the control of Grubz Gear. Please note that Grubz Gear is not
responsible for the accuracy or content of websites of other providers that may
have links from this Site. Accordingly, Grubz Gear can make no representation
concerning the terms of use, privacy policies or content of these sites to you,
nor can the fact that Grubz Gear has provided this link serve as an endorsement
by Grubz Gear of this or any other site. In creating hypertext links to any
other website, Grubz Gear is not recommending that website or giving any
assurances as to its standing. Grubeez is providing this link only as a
convenience to you. The inclusion of these links is not intended to reflect
their importance, nor is it intended to endorse any views expressed, or
products or services offered, on these outside sites, or the organizations
sponsoring the sites. Grubeez makes no warranties, explicit or implied,
regarding the performance of the links, the performance of the outside sites or
the contents of the outside sites. If you decide to access linked third party
websites, you do so at your own risk.
Indemnification
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD COMPLETELY HARMLESS GRUBZ GEAR AND ITS
AFFILIATES AND AGENTS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS, AND
EXPENSES, INCLUDING WITHOUT LIMITATION CLAIMS BASED UPON THE NEGLIGENCE OF
GRUBZ GEAR, ARISING FROM OR RELATED TO YOUR USE OF THE SITE, THE MATERIALS IT
CONTAINS, AND ANY SITES LINKED TO THIS SITE.
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(a) YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. GRUBZ GEAR EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT, QUALITY,
PERFORMANCE, NON-INTERFERENCE WITH INFORMATION, AND ACCURACY OF INFORMATIONAL
CONTENT. THERE IS NO WARRANTY THAT INFORMATION PROVIDED HEREUNDER, OUR EFFORTS,
OR THE SITE WILL FULFILL ANY OF YOUR PARTICULAR PURPOSES OR NEEDS.
(b) GRUBZ GEAR MAKES NO WARRANTY THAT:
(1) YOUR USE OF THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,
(2) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE
OR RELIABLE, OR
(3) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL
PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.
(c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS
DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY
DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD
OF ANY SUCH MATERIAL.
(d) NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GRUBZ GEAR OR
THROUGH THIS SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS
AGREEMENT.
Limitations and Exclusions of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT GRUBZ GEAR SHALL NOT BE LIABLE FOR ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES,
INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA
OR OTHER INTANGIBLE LOSSES (EVEN IF GRUBEEZ HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES), RESULTING FROM:
(a) THE USE OR THE INABILITY TO USE THE SITE;
(b) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
(c) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR
(d) ANY OTHER MATTER RELATING TO THE SITE.
IF YOU ARE DISSATISFIED WITH THE SITE, OR ANY OF THE INFORMATION CONTAINED
THEREON, OR REFUSE TO ABIDE BY THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY
IS TO DISCONTINUE YOUR USE. NOTWITHSTANDING THE FOREGOING, GRUBZ GEAR (AND ITS
AFFILIATE'S, IF ANY) LIABILITY TO YOU SHALL BE LIMITED IN ALL INSTANCES TO THE
SUM OF PAYMENTS MADE FOR MERCHANDISE PURCHASED THROUGH THIS SITE, BUT IN NO
CASE SHALL SUCH AMOUNT EXCEED $100. YOU FURTHER AGREE NOT TO JOIN IN ANY
LAWSUIT WITH ANOTHER PERSON OR SERVE AS A CLASS REPRESENTATIVE OF ANY CLASS
ACTION LAWSUIT AGAINST GRUBZ GEAR ARISING OUT OF THE USE OF THE SITE.
GRUBZ GEAR SHALL NOT BE HELD LIABLE FOR ANY REPRESENTATIONS ON THIRD PARTY SITES
IN RELATION TO THE INFORMATION PROVIDED IN THIS SITE.
Intellectual Property Rights
The Site is protected by copyright, trademark, trade dress and other
intellectual property rights.
(a) Grubz Gear grants you a personal, revocable, non-transferable, and
non-exclusive right and license to use the object code of the Site on a single
computer; provided that you do not (and do not allow any third party to) copy,
modify, create a derivative work from, reverse engineer, reverse assemble or
otherwise attempt to discover any source code, sell, assign, sublicense, grant
a security interest in or otherwise transfer any right in the software for the
Site.
(b) The gogetgrubby.com logos, and other trademarks, service marks, labels,
product names and service names (collectively, the “Marks”) are owned or licensed by Grubz Gear. You agree not to copy, display or
otherwise use any of the Marks without the prior written permission of Grubz
Gear. Notwithstanding the foregoing, the Marks may not be used in any manner
likely to cause confusion, disparage or dilute these marks and/or in connection
with any product or service that is not authorized or sponsored by Grubz Gear
LLC.
(c) The entire Site, and all object code and source code, text, graphics,
multimedia content, including but not limited to images, illustrations, audio
and video clips, html and other mark up languages, and all scripts within the
site associated therewith, are copyright 2009, Grubz Gear LLC. All rights
reserved.
Modification
Grubz Gear may update, revise, supplement, modify or amend this Agreement at any
time. Any updates, revisions, supplements, modifications or amendments shall be
effective immediately upon its posting on the Site. You agree that you will be
bound by this Agreement, however and whenever it is updated, revised,
supplemented, modified, or amended, whether you have actual or constructive
notice of, and whether you have used or continue to use the Site after, the
updates, revisions, supplements, modifications or amendments.
Digital Millennium Copyright Act
You agree not to upload or transmit any communications or content of any type
that infringes or violates any rights of any party. It is our policy not to
permit materials known by us to be infringing to remain on the site. Grubz Gear
has made every effort to secure appropriate clearances for all proprietary
intellectual properties used on this site. If you believe any material on this
site is infringing, please contact us immediately. Pursuant to the Digital
Millennium Copyright Act, DMCA, we have registered an agent to receive
copyright claims (“Designated Agent”).
You may notify us of alleged intellectual property rights infringement by
contacting us at:
Grubz Gear LLC
480-584-7910
3040 E. Earll Drive
Phoenix, AZ, 85016
contactus@gogetgrubby.com This e-mail address is being protected from spambots. You need JavaScript
enabled to view it
Please be aware that, in order to be effective, your notice of claim must comply
with the detailed requirements set for the in the DMCA. You are encouraged to
review them (see 17 U.S.C. § 512(c)(3)) before sending your claim.
Upon receipt of notice of claimed infringement, we will respond expeditiously to
remove, or disable access to, the material claimed to be infringing and will
follow the procedures specified in the DMCA to resolve the claim between the
notifying party and the alleged infringer who provided the content at issue.
Please do not send any other communications to the Designated Agent, who is
appointed solely for the purposes of receiving notices of copyright claims
under the DMCA.
Entire Agreement
This Agreement constitutes the entire agreement between you and Grubeez with
respect to your use of the Site. There are no other representations,
warranties, terms, agreements or conditions, either written or oral, with
respect to your use of the Site except as set forth in this Agreement. The
terms herein as they relate to the ordering of merchandise from the site are
supplemented by our Ordering Policies.
Severability
If any provision of this Agreement is deemed unlawful, void, voidable or
unenforceable for any reason, then that provision shall be deemed severable
from this Agreement and shall not affect the validity or enforceability of any
remaining provisions.
Governing Law and Venue
This Agreement, the entire relationship between you and Grubeez, and any
litigation or other legal proceeding between you and Grubeez (whether grounded
in tort, contract, law or equity) shall be governed by and construed in
accordance with the laws of the State of Arizona, without giving effect to its
choice of law rules.
This contract is fully performable in Maricopa County, Arizona. Any litigation
arising between the parties hereto shall be brought only in the state or
federal courts having subject matter jurisdiction in Maricopa County, Arizona.
You hereby irrevocably and unconditionally consent to the jurisdiction of any
such court and hereby irrevocably and unconditionally waive any defense of an
inconvenient forum to the maintenance of any action or proceeding in any such
court, any objection to venue with respect to any such action or proceeding,
and any right of jurisdiction on account of the place of residence or domicile
of any party thereto.
Termination
Grubz Gear may terminate your right to use this Site, with or without cause at
any time in its sole discretion, including, without limitation, your violation
of this Agreement, failure to provide accurate registration data, and lack of
use. In the event of termination, all representations, warranties,
indemnifications, and promises made by you shall survive.
Contact Information
If you have a comment, question or request, or if you need to contact Grubeez
for any other reason, there are three ways to do so.
(a) E-mail: You can e-mail at contactus@gogetgrubby.com This e-mail address is being protected from spambots. You need JavaScript
enabled to view it.
(b) Telephone Number: You may call us at 480-584-7910. If you call after normal
business hours, please leave a message and your telephone number. We will get
back to you as quickly as possible.
(c) U.S. Mail: Send mail to Grubz Gear at:
Grubz Gear LLC
3040 E. Earll Drive
Phoenix, AZ, 85016
Copyright © 2009 Grubz Gear LLC. All rights reserved.
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