TERMS AND CONDITIONS
Last
updated
January
01,
2025
AGREEMENT TO OUR LEGAL TERMS
We
are
Grinde
Gunworks
LLC
(
"Company,"
"we,"
"us,"
"our"
)
,
a
company
registered
in
Wisconsin
,
United
States
at
N3939 COUNTY
ROAD X
,
BLK RIVER
FLS
,
WI
54615-5130
.
We
operate
the
website
http://www.grindegunworks.com
(the
"Site"
)
,
as
well
as
any
other
related
products
and
services
that
refer
or
link
to
these
legal
terms
(the
"Legal
Terms"
)
(collectively,
the
"Services"
).
You
can
contact
us
by
phone
at
(+1)715-502-2521
,
email
at
joshgrinde@grindegunworks.com
,
or
by
mail
to
N3939
COUNTY
ROAD
X
,
BLK
RIVER
FLS
,
WI
54615-5130
,
United
States
.
These
Legal
Terms
constitute
a
legally
binding
agreement
made
between
you,
whether
personally
or
on
behalf
of
an
entity
(
"you"
),
and
Grinde
Gunworks
LLC
,
concerning
your
access
to
and
use
of
the
Services.
You
agree
that
by
accessing
the
Services,
you
have
read,
understood,
and
agreed
to
be
bound
by
all
of
these
Legal
Terms.
IF
YOU
DO
NOT
AGREE
WITH
ALL
OF
THESE
LEGAL
TERMS,
THEN
YOU
ARE
EXPRESSLY
PROHIBITED
FROM
USING
THE
SERVICES
AND
YOU
MUST
DISCONTINUE
USE
IMMEDIATELY.
We
will
provide
you
with
prior
notice
of
any
scheduled
changes
to
the
Services
you
are
using.
The
modified
Legal
Terms
will
become
effective
upon
posting
or
notifying
you
by
joshgrinde@grindegunworks.com
,
as
stated
in
the
email
message.
By
continuing
to
use
the
Services
after
the
effective
date
of
any
changes,
you
agree
to
be
bound
by
the
modified
terms.
We
recommend that
you print a copy
of these Legal
Terms for your
records.
TABLE OF CONTENTS
1. OUR SERVICES
The
information
provided
when
using
the
Services
is
not
intended
for
distribution
to
or
use
by
any
person
or
entity
in
any
jurisdiction
or
country
where
such
distribution
or
use
would
be
contrary
to
law
or
regulation
or
which
would
subject
us
to
any
registration
requirement
within
such
jurisdiction
or
country.
Accordingly,
those
persons
who
choose
to
access
the
Services
from
other
locations
do
so
on
their
own
initiative
and
are
solely
responsible
for
compliance
with
local
laws,
if
and
to
the
extent
local
laws
are
applicable.
2. INTELLECTUAL PROPERTY RIGHTS
Our intellectual property
We
are
the
owner
or
the
licensee
of
all
intellectual
property
rights
in
our
Services,
including
all
source
code,
databases,
functionality,
software,
website
designs,
audio,
video,
text,
photographs,
and
graphics
in
the
Services
(collectively,
the
"Content"
),
as
well
as
the
trademarks,
service
marks,
and
logos
contained
therein
(the
"Marks"
).
Our
Content
and
Marks
are
protected
by
copyright
and
trademark
laws
(and
various
other
intellectual
property
rights
and
unfair
competition
laws)
and
treaties
in
the
United
States
and
around
the
world.
The
Content
and
Marks
are
provided
in
or
through
the
Services
"AS
IS"
for
your
personal,
non-commercial
use
only.
Your use of our Services
Subject
to
your
compliance
with
these
Legal
Terms,
including
the
"
PROHIBITED
ACTIVITIES
"
section
below,
we
grant
you
a
non-exclusive,
non-transferable,
revocable
license
to:
- access the Services; and
- download or print a copy of any portion of the Content to which you have properly gained access,
solely
for
your
personal,
non-commercial
use
.
Except
as
set
out
in
this
section
or
elsewhere
in
our
Legal
Terms,
no
part
of
the
Services
and
no
Content
or
Marks
may
be
copied,
reproduced,
aggregated,
republished,
uploaded,
posted,
publicly
displayed,
encoded,
translated,
transmitted,
distributed,
sold,
licensed,
or
otherwise
exploited
for
any
commercial
purpose
whatsoever,
without
our
express
prior
written
permission.
If
you
wish
to
make
any
use
of
the
Services,
Content,
or
Marks
other
than
as
set
out
in
this
section
or
elsewhere
in
our
Legal
Terms,
please
address
your
request
to:
joshgrinde@grindegunworks.com
.
If
we
ever
grant
you
the
permission
to
post,
reproduce,
or
publicly
display
any
part
of
our
Services
or
Content,
you
must
identify
us
as
the
owners
or
licensors
of
the
Services,
Content,
or
Marks
and
ensure
that
any
copyright
or
proprietary
notice
appears
or
is
visible
on
posting,
reproducing,
or
displaying
our
Content.
We
reserve
all
rights
not
expressly
granted
to
you
in
and
to
the
Services,
Content,
and
Marks.
Any
breach
of
these
Intellectual
Property
Rights
will
constitute
a
material
breach
of
our
Legal
Terms
and
your
right
to
use
our
Services
will
terminate
immediately.
Your
submissions
Please
review
this
section
and
the
"
PROHIBITED
ACTIVITIES
"
section
carefully
prior
to
using
our
Services
to
understand
the
(a)
rights
you
give
us
and
(b)
obligations
you
have
when
you
post
or
upload
any
content
through
the
Services.
Submissions: By
directly
sending
us
any
question,
comment,
suggestion,
idea,
feedback,
or
other
information
about
the
Services
(
"Submissions"
),
you
agree
to
assign
to
us
all
intellectual
property
rights
in
such
Submission.
You
agree
that
we
shall
own
this
Submission
and
be
entitled
to
its
unrestricted
use
and
dissemination
for
any
lawful
purpose,
commercial
or
otherwise,
without
acknowledgment
or
compensation
to
you.
You
are
responsible
for
what
you
post
or
upload: By
sending
us
Submissions
through
any
part
of
the
Services
you:
-
confirm
that you have
read and agree
with our
-
to
the extent
permissible by
applicable law,
waive any and
all moral rights
to any such
Submission
-
warrant
that any such
Submission
-
warrant
and represent
that your
Submissions
You
are solely
responsible for
your Submissions
and
you expressly
agree to
reimburse us for
any and all
losses that we
may suffer
because of your
breach of (a)
this section,
(b) any third
party’s
intellectual
property rights,
or (c)
applicable law.
By
using
the
Services,
you
represent
and
warrant
that:
(1)
all
registration
information
you
submit
will
be
true,
accurate,
current,
and
complete;
(2)
you
will
maintain
the
accuracy
of
such
information
and
promptly
update
such
registration
information
as
necessary;
(3)
you
have
the
legal
capacity
and
you
agree
to
comply
with
these
Legal
Terms;
(4)
you
are
not
a
minor
in
the
jurisdiction
in
which
you
reside
;
(
5)
you
will
not
access
the
Services
through
automated
or
non-human
means,
whether
through
a
bot,
script
or
otherwise;
(6)
you
will
not
use
the
Services
for
any
illegal
or
unauthorized
purpose;
and
(7)
your
use
of
the
Services
will
not
violate
any
applicable
law
or
regulation.
If
you
provide
any
information
that
is
untrue,
inaccurate,
not
current,
or
incomplete,
we
have
the
right
to
suspend
or
terminate
your
account
and
refuse
any
and
all
current
or
future
use
of
the
Services
(or
any
portion
thereof).
4. USER REGISTRATION
You
may
be
required
to
register
to
use
the
Services.
You
agree
to
keep
your
password
confidential
and
will
be
responsible
for
all
use
of
your
account
and
password.
We
reserve
the
right
to
remove,
reclaim,
or
change
a
username
you
select
if
we
determine,
in
our
sole
discretion,
that
such
username
is
inappropriate,
obscene,
or
otherwise
objectionable.
5. PRODUCTS
6. PURCHASES AND PAYMENT
We
accept
the
following
forms
of
payment:
You
agree
to
provide
current,
complete,
and
accurate
purchase
and
account
information
for
all
purchases
made
via
the
Services.
You
further
agree
to
promptly
update
account
and
payment
information,
including
email
address,
payment
method,
and
payment
card
expiration
date,
so
that
we
can
complete
your
transactions
and
contact
you
as
needed.
Sales
tax
will
be
added
to
the
price
of
purchases
as
deemed
required
by
us.
We
may
change
prices
at
any
time.
All
payments
shall
be in
US
dollars
.
You
agree
to
pay
all
charges
at
the
prices
then
in
effect
for
your
purchases
and
any
applicable
shipping
fees,
and
you
authorize
us
to
charge
your
chosen
payment
provider
for
any
such
amounts
upon
placing
your
order.
We
reserve
the
right
to
correct
any
errors
or
mistakes
in
pricing,
even
if
we
have
already
requested
or
received
payment.
We
reserve
the
right
to
refuse
any
order
placed
through
the
Services.
We
may,
in
our
sole
discretion,
limit
or
cancel
quantities
purchased
per
person,
per
household,
or
per
order.
These
restrictions
may
include
orders
placed
by
or
under
the
same
customer
account,
the
same
payment
method,
and/or
orders
that
use
the
same
billing
or
shipping
address.
We
reserve
the
right
to
limit
or
prohibit
orders
that,
in
our
sole
judgment
,
appear
to
be
placed
by
dealers,
resellers,
or
distributors.
7. SUBSCRIPTIONS
Billing and Renewal
Cancellation
Fee Changes
8.
RETURN
POLICY
All
sales
are
final
and
no
refund
will
be
issued.
9. PROHIBITED ACTIVITIES
You
may
not
access
or
use
the
Services
for
any
purpose
other
than
that
for
which
we
make
the
Services
available.
The
Services
may
not
be
used
in
connection
with
any
commercial
endeavors
except
those
that
are
specifically
endorsed
or
approved
by
us.
As
a
user
of
the
Services,
you
agree
not
to:
- Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
- Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
- Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.
- Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
- Use any information obtained from the Services in order to harass, abuse, or harm another person.
- Make improper use of our support services or submit false reports of abuse or misconduct.
- Use the Services in a manner inconsistent with any applicable laws or regulations.
-
Engage
in
- Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.
- Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
- Delete the copyright or other proprietary rights notice from any Content.
- Attempt to impersonate another user or person or use the username of another user.
-
Upload
or
transmit
(or
attempt
to
upload
or
to
transmit)
any
material
that
acts
as
a
passive
or
active
information
collection
or
transmission
mechanism,
including
without
limitation,
clear
graphics
interchange
formats
(
- Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.
- Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.
- Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.
- Copy or adapt the Services' software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
- Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.
-
Except
as
may
be
the
result
of
standard
search
engine
or
Internet
browser
usage,
use,
launch,
develop,
or
distribute
any
automated
system,
including
without
limitation,
any
spider,
robot,
cheat
utility,
scraper,
or
offline
reader
that
accesses
the
Services,
or
use
or
launch
any
- Use a buying agent or purchasing agent to make purchases on the Services.
-
Make
any
-
Use
the
Services
as
part
of
any
effort
to
compete
with
us
or
otherwise
use
the
Services
and/or
the
Content
for
any
revenue-generating
-
Sell or otherwise transfer your profile. -
Use the Services to advertise or offer to sell goods and services.
10. USER GENERATED CONTRIBUTIONS
- The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
-
You
are
the
creator
and
owner
of
or
have
the
necessary
- You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Services and these Legal Terms.
- Your Contributions are not false, inaccurate, or misleading.
-
Your
Contributions
are
not
unsolicited
or
-
Your
Contributions
are
not
obscene,
lewd,
lascivious,
filthy,
violent,
harassing,
- Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
- Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
- Your Contributions do not violate any applicable law, regulation, or rule.
- Your Contributions do not violate the privacy or publicity rights of any third party.
- Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
- Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
- Your Contributions do not otherwise violate, or link to material that violates, any provision of these Legal Terms, or any applicable law or regulation.
Any
use
of
the
Services
in
violation
of
the
foregoing
violates
these
Legal
Terms
and
may
result
in,
among
other
things,
termination
or
suspension
of
your
rights
to
use
the
Services.
11.
CONTRIBUTION
LICENSE
You
and
Services
agree
that
we
may
access,
store,
process,
and
use
any
information
and
personal
data
that
you
provide
following
the
terms
of
the
Privacy
Policy
and
your
choices
(including
settings).
By
submitting
suggestions
or
other
feedback
regarding
the
Services,
you
agree
that
we
can
use
and
share
such
feedback
for
any
purpose
without
compensation
to
you.
We
do
not
assert
any
ownership
over
your
Contributions.
You
retain
full
ownership
of
all
of
your
Contributions
and
any
intellectual
property
rights
or
other
proprietary
rights
associated
with
your
Contributions.
We
are
not
liable
for
any
statements
or
representations
in
your
Contributions
provided
by
you
in
any
area
on
the
Services.
You
are
solely
responsible
for
your
Contributions
to
the
Services
and
you
expressly
agree
to
exonerate
us
from
any
and
all
responsibility
and
to
refrain
from
any
legal
action
against
us
regarding
your
Contributions.
12. SERVICES MANAGEMENT
We reserve
the right, but not the obligation,
to: (1) monitor the Services for
violations of these Legal Terms; (2)
take appropriate legal action
against anyone who, in our sole
discretion, violates the law or
these Legal Terms, including without
limitation, reporting such user to
law enforcement authorities; (3) in
our sole discretion and without
limitation, refuse, restrict access
to, limit the availability of, or
disable (to the extent
technologically feasible) any of
your Contributions or any portion
thereof; (4) in our sole discretion
and without limitation, notice, or
liability, to remove from the
Services or otherwise disable all
files and content that are excessive
in size or are in any way burdensome
to our systems; and (5) otherwise
manage the Services in a manner
designed to protect our rights and
property and to facilitate the
proper functioning of the
Services.
13. PRIVACY POLICY
We
care about data
privacy and
security. Please
review our
Privacy
Policy:
https://app.termly.io/policy-viewer/policy.html?policyUUID=636ae8d5-b06f-4d81-9648-d4a1f572bc6a
.
By using the
Services, you
agree to be
bound by our
Privacy Policy,
which is
incorporated
into these Legal
Terms. Please be
advised the
Services are
hosted in
the
United
States
. If you
access the
Services from
any other region
of the world
with laws or
other
requirements
governing
personal data
collection, use,
or disclosure
that differ from
applicable laws
in
the
United
States
, then
through your
continued use of
the Services,
you are
transferring
your data
to
the
United
States
, and you
expressly
consent to have
your data
transferred to
and processed
in
the
United
States
.
14. TERM AND TERMINATION
These
Legal Terms
shall remain in
full force and
effect while you
use the
Services.
WITHOUT LIMITING
ANY OTHER
PROVISION OF
THESE LEGAL
TERMS, WE
RESERVE THE
RIGHT TO, IN OUR
SOLE DISCRETION
AND WITHOUT
NOTICE OR
LIABILITY, DENY
ACCESS TO AND
USE OF THE
SERVICES
(INCLUDING
BLOCKING CERTAIN
IP ADDRESSES),
TO ANY PERSON
FOR ANY REASON
OR FOR NO
REASON,
INCLUDING
WITHOUT
LIMITATION FOR
BREACH OF ANY
REPRESENTATION,
WARRANTY, OR
COVENANT
CONTAINED IN
THESE LEGAL
TERMS OR OF ANY
APPLICABLE LAW
OR REGULATION.
WE MAY TERMINATE
YOUR USE OR
PARTICIPATION IN
THE SERVICES OR
DELETE
YOUR
ACCOUNT
AND
ANY
CONTENT OR
INFORMATION THAT
YOU POSTED AT
ANY TIME,
WITHOUT WARNING,
IN OUR SOLE
DISCRETION.
If
we terminate or
suspend your
account for any
reason, you are
prohibited from
registering and
creating a new
account under
your name, a
fake or borrowed
name, or the
name of any
third party,
even if you may
be acting on
behalf of the
third party. In
addition to
terminating or
suspending your
account, we
reserve the
right to take
appropriate
legal action,
including
without
limitation
pursuing civil,
criminal, and
injunctive
redress.
15. MODIFICATIONS AND INTERRUPTIONS
We
reserve the
right to change,
modify, or
remove the
contents of the
Services at any
time or for any
reason at our
sole discretion
without notice.
However, we have
no obligation to
update any
information on
our Services.
We
also reserve the
right to modify
or discontinue
all or part of
the Services
without notice
at any time.
We
will not be
liable to you or
any third party
for any
modification,
price change,
suspension, or
discontinuance
of the
Services.
We
cannot guarantee
the Services
will be
available at all
times. We may
experience
hardware,
software, or
other problems
or need to
perform
maintenance
related to the
Services,
resulting in
interruptions,
delays, or
errors. We
reserve the
right to change,
revise, update,
suspend,
discontinue, or
otherwise modify
the Services at
any time or for
any reason
without notice
to you. You
agree that we
have no
liability
whatsoever for
any loss,
damage, or
inconvenience
caused by your
inability to
access or use
the Services
during any
downtime or
discontinuance
of the Services.
Nothing in these
Legal Terms will
be construed to
obligate us to
maintain and
support the
Services or to
supply any
corrections,
updates, or
releases in
connection
therewith.
16. GOVERNING LAW
These
Legal Terms and
your use of the
Services are
governed by and
construed in
accordance with
the laws
of
the
State
of
Wisconsin
applicable
to agreements
made and to be
entirely
performed within
the
State
of
Wisconsin
, without
regard
to
its
conflict
of
law
principles.
17. DISPUTE RESOLUTION
Binding Arbitration
If
for any reason, a
Dispute proceeds in
court rather than
arbitration, the
Dispute shall be
commenced or
prosecuted in
the
state
and federal
courts
located
in
Jackson County ,
Wisconsin
,
and the Parties
hereby consent to,
and waive all
defenses
of lack
of personal
jurisdiction, and
forum non conveniens
with respect to
venue and
jurisdiction in such
state
and federal courts
. Application
of the United
Nations Convention
on Contracts for the
International Sale
of Goods and the
Uniform Computer
Information
Transaction Act
(UCITA) are excluded
from these Legal
Terms.
Restrictions
The Parties
agree that any arbitration shall be
limited to the Dispute between the
Parties individually. To the full
extent permitted by law, (a) no
arbitration shall be joined with any
other proceeding; (b) there is no
right or authority for any Dispute
to be arbitrated on a class-action
basis or to
utilize
class action procedures;
and (c) there is no right or
authority for any Dispute to be
brought in a purported
representative capacity on behalf of
the general public or any other
persons.
Exceptions to Arbitration
18. CORRECTIONS
There may be
information on the Services that
contains typographical errors,
inaccuracies, or omissions,
including descriptions, pricing,
availability, and various other
information. We reserve the right to
correct any errors, inaccuracies, or
omissions and to change or update
the information on the Services at
any time, without prior
notice.
19. DISCLAIMER
THE
SERVICES ARE
PROVIDED ON AN
AS-IS AND
AS-AVAILABLE
BASIS. YOU AGREE
THAT YOUR USE OF
THE SERVICES
WILL BE AT YOUR
SOLE RISK. TO
THE FULLEST
EXTENT PERMITTED
BY LAW, WE
DISCLAIM ALL
WARRANTIES,
EXPRESS OR
IMPLIED, IN
CONNECTION WITH
THE SERVICES AND
YOUR USE
THEREOF,
INCLUDING,
WITHOUT
LIMITATION, THE
IMPLIED
WARRANTIES OF
MERCHANTABILITY,
FITNESS FOR A
PARTICULAR
PURPOSE, AND
NON-INFRINGEMENT.
WE MAKE NO
WARRANTIES OR
REPRESENTATIONS
ABOUT THE
ACCURACY OR
COMPLETENESS OF
THE
SERVICES'
CONTENT OR THE
CONTENT OF ANY
WEBSITES OR
MOBILE
APPLICATIONS
LINKED TO THE
SERVICES AND WE
WILL ASSUME NO
LIABILITY OR
RESPONSIBILITY
FOR ANY (1)
ERRORS,
MISTAKES, OR
INACCURACIES OF
CONTENT AND
MATERIALS, (2)
PERSONAL INJURY
OR PROPERTY
DAMAGE, OF ANY
NATURE
WHATSOEVER,
RESULTING FROM
YOUR ACCESS TO
AND USE OF THE
SERVICES, (3)
ANY
UNAUTHORIZED
ACCESS TO
OR USE OF OUR
SECURE SERVERS
AND/OR ANY AND
ALL PERSONAL
INFORMATION
AND/OR FINANCIAL
INFORMATION
STORED THEREIN,
(4) ANY
INTERRUPTION OR
CESSATION OF
TRANSMISSION TO
OR FROM THE
SERVICES, (5)
ANY BUGS,
VIRUSES, TROJAN
HORSES, OR THE
LIKE WHICH MAY
BE TRANSMITTED
TO OR THROUGH
THE SERVICES BY
ANY THIRD PARTY,
AND/OR (6) ANY
ERRORS OR
OMISSIONS IN ANY
CONTENT AND
MATERIALS OR FOR
ANY LOSS OR
DAMAGE OF ANY
KIND INCURRED AS
A RESULT OF THE
USE OF ANY
CONTENT POSTED,
TRANSMITTED, OR
OTHERWISE MADE
AVAILABLE VIA
THE SERVICES. WE
DO NOT WARRANT,
ENDORSE,
GUARANTEE, OR
ASSUME
RESPONSIBILITY
FOR ANY PRODUCT
OR SERVICE
ADVERTISED OR
OFFERED BY A
THIRD PARTY
THROUGH THE
SERVICES, ANY
HYPERLINKED
WEBSITE, OR ANY
WEBSITE OR
MOBILE
APPLICATION
FEATURED IN ANY
BANNER OR OTHER
ADVERTISING, AND
WE WILL NOT BE A
PARTY TO OR IN
ANY WAY BE
RESPONSIBLE FOR
MONITORING ANY
TRANSACTION
BETWEEN YOU AND
ANY THIRD-PARTY
PROVIDERS OF
PRODUCTS OR
SERVICES. AS
WITH THE
PURCHASE OF A
PRODUCT OR
SERVICE THROUGH
ANY MEDIUM OR IN
ANY ENVIRONMENT,
YOU SHOULD USE
YOUR BEST
JUDGMENT
AND
EXERCISE CAUTION
WHERE
APPROPRIATE.
20. LIMITATIONS OF LIABILITY
IN
NO
EVENT
WILL
WE
OR
OUR
DIRECTORS,
EMPLOYEES,
OR
AGENTS
BE
LIABLE
TO
YOU
OR
ANY
THIRD
PARTY
FOR
ANY
DIRECT,
INDIRECT,
CONSEQUENTIAL,
EXEMPLARY,
INCIDENTAL,
SPECIAL,
OR
PUNITIVE
DAMAGES,
INCLUDING
LOST
PROFIT,
LOST
REVENUE,
LOSS
OF
DATA,
OR
OTHER
DAMAGES
ARISING
FROM
YOUR
USE
OF
THE
SERVICES,
EVEN
IF
WE
HAVE
BEEN
ADVISED
OF
THE
POSSIBILITY
OF
SUCH
DAMAGES.
NOTWITHSTANDING
ANYTHING
TO
THE
CONTRARY
CONTAINED
HEREIN,
OUR
LIABILITY
TO
YOU
FOR
ANY
CAUSE
WHATSOEVER
AND
REGARDLESS
OF
THE
FORM
OF
THE
ACTION,
WILL
AT
ALL
TIMES
BE
LIMITED
TO
THE
AMOUNT
PAID,
IF
ANY,
BY
YOU
TO
US
DURING
THE
six
(6)
mONTH
PERIOD
PRIOR
TO
ANY
CAUSE
OF
ACTION
ARISING
.
CERTAIN
US STATE LAWS AND
INTERNATIONAL LAWS
DO NOT ALLOW
LIMITATIONS ON
IMPLIED WARRANTIES
OR THE EXCLUSION OR
LIMITATION OF
CERTAIN DAMAGES. IF
THESE LAWS APPLY TO
YOU, SOME OR ALL OF
THE ABOVE
DISCLAIMERS OR
LIMITATIONS MAY NOT
APPLY TO YOU, AND
YOU MAY HAVE
ADDITIONAL
RIGHTS.
21. INDEMNIFICATION
You
agree to defend,
indemnify, and
hold us
harmless,
including our
subsidiaries,
affiliates, and
all of our
respective
officers,
agents,
partners, and
employees, from
and against any
loss, damage,
liability,
claim, or
demand,
including
reasonable
attorneys’
fees and
expenses, made
by any third
party due to or
arising out
of:
(1)
use of the
Services;
(2)
breach of
these Legal
Terms;
(3)
any breach
of your
representations
and
warranties
set forth in
these Legal
Terms;
(4)
your
violation of
the rights
of a third
party,
including
but not
limited to
intellectual
property
rights; or
(5)
any overt
harmful act
toward any
other user
of the
Services
with whom
you
connected
via the
Services.
Notwithstanding
the
foregoing,
we reserve
the right,
at your
expense, to
assume the
exclusive
defense
and
control of
any matter
for which
you are
required to
indemnify
us, and you
agree to
cooperate,
at your
expense,
with
our
defense
of
such claims.
We will use
reasonable
efforts to
notify you
of any such
claim,
action, or
proceeding
which is
subject to
this
indemnification
upon
becoming
aware of it.
22. USER DATA
We
will maintain
certain data
that you
transmit to the
Services for the
purpose of
managing the
performance of
the Services, as
well as data
relating to your
use of the
Services.
Although we
perform regular
routine backups
of data, you are
solely
responsible for
all data that
you transmit or
that relates to
any activity you
have undertaken
using the
Services. You
agree that we
shall have no
liability to you
for any loss or
corruption of
any such data,
and you hereby
waive any right
of action
against us
arising from any
such loss or
corruption of
such
data.
23. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting
the Services,
sending us
emails, and
completing
online forms
constitute
electronic
communications.
You consent to
receive
electronic
communications,
and you agree
that all
agreements,
notices,
disclosures, and
other
communications
we provide to
you
electronically,
via email and on
the Services,
satisfy any
legal
requirement that
such
communication be
in writing. YOU
HEREBY AGREE TO
THE USE OF
ELECTRONIC
SIGNATURES,
CONTRACTS,
ORDERS, AND
OTHER RECORDS,
AND TO
ELECTRONIC
DELIVERY OF
NOTICES,
POLICIES, AND
RECORDS OF
TRANSACTIONS
INITIATED OR
COMPLETED BY US
OR VIA THE
SERVICES. You
hereby waive any
rights or
requirements
under any
statutes,
regulations,
rules,
ordinances, or
other laws in
any jurisdiction
which require an
original
signature or
delivery or
retention of
non-electronic
records, or to
payments or the
granting of
credits by any
means other than
electronic
means.
24. SMS TEXT MESSAGING
Opting Out
Message and Data Rates
Please
be aware that
message and data
rates may apply to
any SMS messages
sent or received.
The rates are
determined by your
carrier and the
specifics of your
mobile
plan.
Support
If
you have any
questions or need
assistance regarding
our SMS
communications,
please email us
at
joshgrinde@grindegunworks.com
or call
at
(+1)715-502-2521
.
25. CALIFORNIA USERS AND RESIDENTS
If
any complaint
with us is not
satisfactorily
resolved, you
can contact the
Complaint
Assistance Unit
of the Division
of Consumer
Services of the
California
Department of
Consumer Affairs
in writing at
1625 North
Market Blvd.,
Suite N 112,
Sacramento,
California 95834
or by telephone
at (800)
952-5210 or
(916)
445-1254.
26. MISCELLANEOUS
These
Legal Terms and
any policies or
operating rules
posted by us on
the Services or
in respect to
the Services
constitute the
entire agreement
and
understanding
between you and
us. Our failure
to exercise or
enforce any
right or
provision of
these Legal
Terms shall not
operate as a
waiver of such
right or
provision. These
Legal Terms
operate to the
fullest extent
permissible by
law. We may
assign any or
all of our
rights and
obligations to
others at any
time. We shall
not be
responsible or
liable for any
loss, damage,
delay, or
failure to act
caused by any
cause beyond our
reasonable
control. If any
provision or
part of a
provision of
these Legal
Terms is
determined to be
unlawful, void,
or
unenforceable,
that provision
or part of the
provision is
deemed severable
from these Legal
Terms and does
not affect the
validity and
enforceability
of any remaining
provisions.
There is no
joint venture,
partnership,
employment or
agency
relationship
created between
you and us as a
result of these
Legal Terms or
use of the
Services. You
agree that these
Legal Terms will
not be construed
against us by
virtue of having
drafted them.
You hereby waive
any and
all
defenses
you
may have based
on the
electronic form
of these Legal
Terms and the
lack of signing
by the parties
hereto to
execute these
Legal
Terms.
27. CONTACT US
In
order to resolve
a complaint
regarding the
Services or to
receive further
information
regarding use of
the Services,
please contact
us
at:
Store Hours