Terms & Conditions of Use
Welcome to the terms and conditions of use for the Griplock website (the "Site") provided by Griplock, Inc. (“Griplock”). These terms and conditions of use apply to and govern your use of the Site and the services available thereon. On the Site, many user services are provided including chat rooms, bulletin boards, branded e-mail, contests, software downloads, and newsletters, among other things (unless otherwise noted, the Site and related services shall be collectively referred to as the Site). Your use of the Site signifies your agreement to be bound by these terms and conditions. You agree to use the Site in a manner consistent with all applicable laws and regulations and in accordance with the terms and conditions set out in the policies and guidelines outlined below and otherwise set forth on the Site.
1. License to Use the Site
Griplock makes available information, materials, and products on the Site, subject to the following terms and conditions. By accessing the Site, you agree to the terms and conditions as outlined in this legal notice. Griplock reserves the right to change these terms and conditions from time to time at its sole discretion. Griplock grants you a non-exclusive, non-transferable, limited right to access, use and display the Site and the materials thereon and use the Services for your personal use only, provided that you comply fully with these terms and conditions of use. You shall not interfere or attempt to interfere with the operation of the Site or Services in any way through any means or device including, but not limited to, spamming, hacking, uploading computer viruses or time bombs, or the means expressly prohibited by any provision of these terms and conditions of use.
2. Changes to Terms and Conditions
Griplock reserves the right, at its sole discretion, to change, modify, add or remove any portion of these terms and conditions of use, in whole or in part, at any time. Changes in these terms and conditions of use will be effective when posted. You agree to review these terms and conditions of use periodically to be aware of any changes. Your continued use of the Site after any changes to these terms and conditions of use are posted will be considered acceptance of those changes.
3. Ownership; Restrictions
Griplock owns, controls, licenses or has the right to use and provide the Site and all material on the Site, including without limitation text, images, articles, photographs, illustrations, audio and video clips, (collectively the "Site Material"). The Site is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. Griplock is the owner of the copyright in the entire Site. Griplock owns a copyright in the selection, coordination, arrangement and enhancement of the Site. You agree to abide by any and all copyright notices, information or restrictions displayed on the Site.
You may not modify, create derivative works from, participate in the transfer or sale of, post on the World Wide Web, or in any way exploit the Site or any portion thereof for any public or commercial use without the express written permission of Griplock. You may download one (1) copy of Site Material for your personal use, provided that you maintain all copyright, attribution and other notices contained in such Site Material, including without limitation trademarks and service marks of Griplock and its affiliates or the copyright holder identified in the individual Site Material's copyright notice. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. You are responsible for complying with all applicable laws, rules and regulations regarding your use of any such downloaded Site Material. In the event of any permitted copying, redistribution or publication of material from the Site, no changes in or deletion of author attribution, trademark, legend or copyright notice shall be made. You may obtain more information on the copyrights, trademarks, and servicemarks of Griplock and its affiliates and Site Material owners by viewing the copyright and trademark notices posted on the Site here.
4. Changes to the Site and Site Material
Griplock shall have the right for any reason, in its sole discretion, to terminate, change, suspend or discontinue any aspect of the Site, including but not limited to the Site Material, Services features, or hours of availability. Griplock may also impose limits on certain features and services or restrict your access to parts or all of the Site without notice or liability.
5. Acceptable Use Policy
You and other users are invited to post appropriate knowledge or commentary on the Site, including, but not limited to, facts, advice, "tips" and opinions. The posted information may be viewed by you and/or other users of the Site. By posting information, data, text, music, sound, photographs, graphics, video, messages or other materials ("Communications") on or through the Site, you agree that you are the sole responsible person from which such Communications originate. This means that you, and not Griplock, are entirely responsible for the accuracy, completeness and ownership of all Communications that you upload, post, email or otherwise transmit via the Web site.
By using the Site, you agree that you:
- Agree to provide us with accurate information as necessary to the proper conduct of registration and electronic commerce through the Site and to take responsibility for the information you provide.
- Acknowledge that we may be unable to process and shall have no responsibility to process transactions the accuracy of which we cannot validate.
Without limitation of the foregoing, you agree to not use the Site to:
- Upload, post, email or otherwise transmit any Communication that is unlawful, harmful, threatening, embarrassing, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, deceptive, fraudulent, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), invasive of another's privacy, or hateful; "Stalk" another; Upload, post, email or otherwise transmit any Communication that victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, national origin, ethnicity, age, or disability;
- Harm minors in any way;
- Impersonate any person or entity, including, but not limited to, a Griplock official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Communication transmitted on or through the Site;
- Upload, post, email or otherwise transmit any Communication that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- Upload, post, email or otherwise transmit any Communication that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- Upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas which may be designated for such purpose, provided that even in those areas where advertising and promotional materials may be allowed, you shall not upload, post, email or otherwise transmit "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
- Upload, post, email or otherwise transmit any material that contains software viruses or any computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or any other similarly destructive activity;
- Disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Site are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
- Interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; or
- Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law.
You also agree that you will not harvest, collect or store information about the users of this Site or communications posted by others on the Site or use such information for any purpose inconsistent with the purpose of this Site or for, among other things, the purpose of transmitting or facilitating transmission of unsolicited bulk electronic mail or communications.
You acknowledge and agree that Griplock may preserve Communications and may also disclose Communications if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these terms and conditions; (c) respond to claims that any Communication violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Griplock, its users, and the public.
You understand that the technical processing and transmission of the Site, including the display of Communications, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Griplock assumes no responsibility for the deletion or failure to store postings or other information submitted by you or other users to Griplock.
Any Communication on the Site may be purged periodically in the sole discretion of Griplock. You acknowledge and agree that any Communication you view or post is at your own discretion and risk, including any reliance on the accuracy, completeness, or usefulness of such Communication. In this regard, you acknowledge that you may not rely on any Site Material or other content appearing on the Site. You further acknowledge and agree that the views expressed by you and other users do not necessarily reflect the views of Griplock, and Griplock does not support or endorse any content or views posted by you or any user.
6. Monitoring, Editing and Disclosure of Communications
You agree that Griplock has the right, but not the obligation, to monitor Communications posted by you or others at any time for any reason in its sole discretion to determine compliance with these terms and conditions of use and any other operating rules that Griplock may establish from time to time. Notwithstanding this right of Griplock, Griplock does not and cannot review all Communications, and Griplock is not responsible for any Communications. Griplock reserves the right at all times to edit, disclose, refuse to post, request removal of or remove any Communication as may be necessary to comply with any law, regulation or government or agency request or if, in Griplock's sole discretion, such Communication is objectionable or in violation of these terms and conditions of use.
7. Griplock's Rights to Materials Provided by Users
Griplock welcomes your comments regarding the Site. However, any or all material and information provided by you to the Site may be included in a database owned by Griplock and its subsidiaries and affiliates in which we have rights and interest, including but not limited to, the compilation copyright. We reserve the right to use any information or materials you provide to us or that we obtain through your use of the Site to the fullest extent permitted by law.
You grant to Griplock a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license to use (including use for promotional and advertising purposes), copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit any communications that you post on or through the Site, and any ideas or original materials contained in such communications, in all media now known or hereafter developed. This grant shall include the right to exploit any and all proprietary rights in such communications including, without limitation, any and all rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. You waive all rights you may have to inspect and/or approve of any use by Griplock of any material or idea submitted by you in any communications, or receive any compensation for such use. You waive all rights to any claim against Griplock for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such communications. You agree and understand that Griplock is under no obligations to use any material or ideas submitted by you in any communications in any way whatsoever.
8. Not Used
9. No Responsibility for Transmitted Material
You acknowledge that transmissions to and from this Site are not confidential and your Communications may be read or intercepted by others. You acknowledge that by submitting Communications to Griplock or the Site, no confidential, fiduciary, contractually implied or other relationship is created between you and Griplock or any Griplock affiliate or subsidiary other than pursuant to these terms and conditions of use. Griplock shall not be responsible for the payment of any monies to any party in connection with Griplock's use of Communications submitted by you to the Site.
10. COPYRIGHT COMPLAINTS
Griplock respects the intellectual property of others, and we ask our users to do the same. Griplock may, in appropriate circumstances and at its discretion, terminate the access of users, subscribers and account holders who infringe upon the copyright of others.
If you believe that your work has been copied and is accessible on the Griplock service in a way that constitutes copyright infringement, or that Griplock contains links or other references to another online location that contains material or activity that infringes your copyright rights, you may notify Griplock by providing the information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. sec 512, to Griplock's copyright agent:
By mail: Griplock – 410 Palm Ave #A-18 – Carpinteria, Ca 93013
By phone: (805) 566-0064
By fax: (805) 566-0065
By e-mail: email@example.com
Note: Only copyright complaints should be sent to the contact information provided above. No other communications will be accepted or responded to.
For communications on other matters, please e-mail: firstname.lastname@example.org
You shall indemnify, defend and hold harmless Griplock, and all its officers, directors, owners, agents, employees, Site Material providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") from and against any and all losses, damages, liabilities, and claims and all fees, costs, expenses, of any kind related thereto (including, without limitation, reasonable attorneys' fees) incurred by the Indemnified Parties in connection with any claim arising out of, based upon or resulting from your use of the Site, including but not limited to, any Communications attributable to you. Griplock reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of Griplock.
12. Links to Other Web Sites
The Site may contain links and pointers to the other World Wide Web Internet sites and resources (the "Linked Sites"). Unless otherwise noted on the Site, links to and from any Linked Site do not constitute an endorsement by or association with Griplock or any of its subsidiaries and affiliates of any third party resources or their contents. Links do not imply that Griplock or sponsors of the Site are affiliated or associated with or are legally authorized to use any trademark, tradename, logo or copyright symbol displayed in or accessible through the links, or that any Linked Sites are authorized to use any trademark, tradename, logo or copyright symbol of Griplock or any of its affiliates. You should direct any concerns regarding any Linked Site to such Linked Site's site administrator or webmaster. Griplock does not represent or endorse the accuracy or reliability of, and expressly disclaims, any advice, opinion, statement, or other information displayed or distributed through any Linked Site. You acknowledge that any reliance upon any opinion, advice, or information displayed on or otherwise available through any Linked Site shall be at your sole risk.
To use certain features of the Site, you may need a username and password, which you will receive through Griplock’s registration process. You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities that occur under your password or account. You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. Griplock cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information.
14. Disclaimer of Warranties and Damages; Limitation of Liability
THE SITE, INCLUDING ALL CONTENT, SERVICES, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE, IS PROVIDED ON AN "AS IS" "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. GRIPLOCK DOES NOT WARRANT THAT THE SITE AND SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; NOR DOES GRIPLOCK WARRANT OR REPRESENT THE ACCURACY OR RELIABILITY OF THE SITE, THE CONTENT THEREOF, THE MATERIALS, USED ON OR ACCESSED THROUGH THE SITE, ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SITE OR ANY LINKED SITE. GRIPLOCK AND ITS SUBSIDIARIES AND AFFILIATES MAKE NO WARRANTIES AND SHALL NOT BE LIABLE FOR THE USE OF THE SITE, INCLUDING WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN UNDER ANY DIRECT OR INDIRECT CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO GRIPLOCK'S NEGLIGENCE. IF YOU ARE DISSATISFIED WITH THE SITE OR ANY MATERIALS ON THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE. CERTAIN CONTENT MAY BE CONSIDERED OBJECTIONABLE OR INAPPROPRIATE BY INDIVIDUAL USERS AND EACH USER MUST EXERCISE HIS OR HER DISCRETION IN USING AND ALLOWING MINORS OR OTHERS TO USE THE SITE. UNDER NO CIRCUMSTANCES SHALL GRIPLOCK, ITS SUBSIDIARIES, AFFILIATES OR CONTENT PROVIDERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE CONTENT, MATERIALS AND FUNCTIONS IN THE SITE, INCLUDING WITHOUT LIMITATION LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS, EVEN IF SUCH ENTITIES OR AN AUTHORIZED REPRESENTATIVE THEREOF HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
15. Non-United States Residents
Griplock makes no representation that the Site is appropriate or available for use in locations other than the United States. Those who choose to access this Site from locations outside of the U.S. do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable. With respect to shipments of merchandise to consumers, wherever they may reside, title to the merchandise shall pass to the buyer upon delivery of the merchandise to the common carrier.
16. General Provisions
These terms and conditions of use shall be governed by and construed in accordance with the laws of the State of California, without regard to conflicts of laws provisions. The sole and exclusive jurisdiction for any action or proceeding arising out of or related to these terms and conditions of use shall be an appropriate State or Federal court located in Santa Barbara or Los Angeles County in the State of California and you hereby irrevocably consent to the jurisdiction of such courts. If for any reason a court of competent jurisdiction finds any provision of these terms and conditions of use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these terms and conditions of use, and the remainder of these terms and conditions of use shall continue in full force and effect. The section headings used herein are for convenience only and shall not be given any legal import.
17. Contact Us
If you have any questions regarding these terms and conditions or the Site in general, please contact us at email@example.com
18. Your California Privacy Rights
California Civil Code Section 1798.83 permits customers of Griplock Systems, Inc. who are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please write to us at the following address:
Griplock Systems, Inc. - California Privacy Rights
410 Palm Ave, Loft A-18
Carpinteria, CA 93013
Last Revised: November 2, 2007