ATTENTION: PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEB SITE. USING THIS WEB SITE INDICATES THAT YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS (“TERMS”), DO NOT USE THIS WEB SITE.
THE INFORMATION PROVIDED ON THIS SITE 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 GROGHEADS TO ANY REGISTRATION REQUIREMENT WITHIN SUCH JURISDICTION OR COUNTRY.
All text, graphics, multimedia content or other material available from the entry point URL http://www.grogheads.com and pages within that domain and all related code, including but not limited to films, images, text, ideas, graphics, logos, icons, layouts, arrangements, displays, illustrations, audio and video clips, HTML, other mark-up languages, and all scripts and software within this Site (“Material(s)”) are the property of Grogheads and/or its affiliates or licensors and are protected by copyrights and other proprietary intellectual property rights that are owned or controlled by Grogheads or by other parties that have licensed their Material to Grogheads. Material from the Site may not be copied, reproduced, republished, uploaded, posted, transmitted, distributed, modified, transferred, sold, displayed, or in any way commercially exploited in whole or in part except that you may download one copy of the Materials on any single computer for your personal, noncommercial use, and one single permanent copy to be used by you, provided you keep intact any copyright and other proprietary notices on the Materials and do not modify the Materials in any way. You must obtain the prior written consent of Grogheads for any other use of the Materials. Modification of the Materials or use of the Materials for any other purpose is a violation of copyright and other proprietary rights and the use of any of the Material on any other Web site or computer environment is strictly prohibited.
TRADEMARKS AND COPYRIGHTS
“Grogheads”, “Grogheads, LLC”, Grogheads.com,” and their respective logos as well as other marks which may appear on the Site (“Marks”), are the service and trademarks of Grogheads. All other trademarks, service marks and logos used on this Site, with or without attribution, are the trademarks, service marks or logos of their respective owners. In addition, elements of the Site are protected by trade dress and other federal and state intellectual property laws and may not be copied, reproduced, downloaded, or distributed in any way in whole or in part without the express written permission of Grogheads.
Protected under copyright and international treaties. No portion of this Site or the files contained therein may be obtained for other than personal non-commercial use nor may they be reproduced or otherwise redistributed. Violations will be prosecuted to the maximum extent possible under the law and may result in severe civil and criminal penalties.
All other copyrights and products mentioned on Grogheads are the property of their respective companies. All other copyrights and products mentioned on Site are the property of their respective companies, and Grogheads makes no claim thereto.
DIGITAL MILLENNIUM COPYRIGHT ACT
Grogheads respects others’ intellectual property rights and has made every effort to secure appropriate clearances for all proprietary intellectual properties that Grogheads directly makes available on the Site. However, if you believe any Material on the Site, either posted by Grogheads, our users or any other party, is infringing, please contact Grogheads at the address below. Pursuant to the Digital Millennium Copyright Act, Grogheads has registered an agent to receive copyright infringement claims.
You may notify Grogheads of alleged intellectual property rights infringement by contacting our Designated Agent at:
1916 Becker Lane
Charlottesville, VA 22911
Infringement notices addressed to Grogheads’ Designated Agent need to include the following information so that Grogheads can locate the Material and properly process the request:
1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest in the Material;
2. a description of the copyrighted work or other intellectual property that you claim has been infringed;
3. a description of where the Material that you claim is infringing is located on the Site;
4. your address, telephone number, and email address;
5. a statement by you that you have a good faith belief that the disputed use of the Material is not authorized by the copyright or intellectual property owner, its agent, or the law; and
6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
LINKING TO OTHER SITES AND TRANSACTIONS ON OTHER SITES
This Site contains links to pages on other sites, and those sites may offer products and/or services for sale (“Linked Sites”). You acknowledge and agree that Grogheads has no responsibility for the accuracy or availability of information provided by Linked Sites. Links to Linked Sites do not constitute an endorsement by Grogheads of the sponsors of such Linked Sites or the content, products, advertising or other materials presented on the Linked Sites. Grogheads does not author, edit or monitor these pages or links. You acknowledge and agree that Grogheads is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on the Linked Sites or resources.
Grogheads WILL NOT BE LIABLE FOR ANY TRANSACTIONS CONDUCTED WITH THIRD PARTIES OR ANY LIABILITIES OR DAMAGES ARISING FROM THE REPRESENTATIONS OR INFORMATION PROVIDED ON THE LINKED SITES. Grogheads IS NOT AND WILL NOT BE RESPONSIBLE FOR: (1) THE TERMS AND CONDITIONS OF ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY; (2) ANY INSUFFICIENCY OF OR PROBLEMS WITH ANY THIRD PARTY INCLUDING THEIR PRODUCTS AND SERVICES; (3) THE QUALITY OF SERVICES PERFORMED BY ANY THIRD PARTY OR ANY OTHER LEGAL LIABILITY ARISING OUT OF OR RELATED TO THE PERFORMANCE OF SUCH SERVICES; OR (4) ANY CONTENT ON THE THIRD PARTY SITES, OR THE QUALITY OF ANY PRODUCT SOLD BY ANY THIRD PARTY OR ANY OTHER LEGAL LIABILITY ARISING OUT OF OR RELATED TO PRODUCTS SOLD BY A THIRD PARTY, INCLUDING, WITHOUT LIMITATION, ANY PRODUCT LIABILITY. IN THE EVENT THAT YOU HAVE A DISPUTE WITH ANY THIRD PARTY OR ANY THIRD PARTY’S WEB SITE, PRODUCTS AND/OR SERVICES, YOU RELEASE Grogheads (AND ITS PARENT, SUBSIDIARIES, AFFILIATES, AND THEIR RESPECTIVE AGENTS, PRINCIPALS AND EMPLOYEES) FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY SUCH DISPUTES TO THE FULLEST EXTENT PERMITTED BY LAW.
LINKS TO OTHER WEB SITES
Grogheads makes no representation whatsoever regarding the content of any other web sites which you may access from this site. When you access a non-Grogheads Site, please understand that it is independent from Grogheads and that Grogheads has no control over the content on that web site. A link to a non-Grogheads Site does not mean that Grogheads endorses or accepts any responsibility for the content or use of such web site.
USER CONDUCT AND SUBMISSIONS
In order to access and use the Site, you agree that you will not: (1) reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Site; or (2) use Grogheads’ name, URL, trademarks, server, or other materials in connection with, or to transmit, any unsolicited communications or “spam.” For the purposes of this agreement, “spam” has the meaning generally understood among Internet users.
You may not post, upload, or transmit to the Site or to Grogheads’ servers any communications, text, graphics or other information (collectively, “Unauthorized Content”) that: (1) is obscene, fraudulent, indecent, or that defames, abuses, harasses, or threatens others; (2) contains any viruses, Trojan horses, worms, time bombs, cancelbots, or other disabling devices or other harmful component intended to or that may damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information; (3) advocates or encourages any illegal activity; (4) infringes on the copyright, patent, trademark, trade secret, right of publicity, or other intellectual property or proprietary right of any third party; (5) violates the privacy of individuals, including other users of the Site; or (6) violates any applicable local, state, national or international law. Although Grogheads does not pre-screen user submissions in chat rooms, forums, reviews or otherwise, Grogheads and its agents retain the right (but not the obligation) in their sole discretion to refuse or move any Materials, information or other content available on the Site.
Should any viewer of a document on this Site respond to Grogheads with information including feedback data, such as questions, comments, suggestions, or the like regarding the Site, or the content of any item, such information shall be deemed to be non-confidential and Grogheads shall have no obligation of any kind with respect to such information. In addition, Grogheads shall be free to reproduce, use, disclose, display, exhibit, transmit, perform, create derivative works, and distribute the information to others without limitation, and to authorize others to do the same. Further, Grogheads shall be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products and other items incorporating such information.
In addition, when submitting any content to Grogheads you automatically grant, or warrant that the owner of such content has expressly granted, Grogheads the royalty-free, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such content worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed unless otherwise stated.
USER CHAT ROOMS, FORUMS & NEWS SECTIONS
Grogheads may, but is not obligated to, monitor or review any areas on the Site where users transmit or post Communications or communicate solely with each other, including but not limited to chat rooms, forums, bulletin boards, discussion forums, message boards, e-mail forums, specialty forums or other forums, and the content of any such Communications. Grogheads, however, will have no liability related to the content of any such Communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise.
The views expressed by third parties on these pages are not representative of the views of Grogheads, it’s principals, employees or agents or anyone acting under its direction or control. Grogheads cannot monitor the content not produced by us and has not reviewed all the third party material published on this site. Grogheads reserves the right to edit third party content. Grogheads accepts no liability whatsoever in relation to the content of third party material placed on these pages.
ANY CONTENT OR INFORMATION CONTAINED WITHIN THE SITE IS PROVIDED “AS IS” WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, Grogheads DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING (BUT NOT LIMITED TO) THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE AND ANY SITE-RELATED SERVICES.
IN ADDITION, Grogheads DOES NOT WARRANT THAT THE FUNCTIONS ON THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS IN OR ON THE SITE WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Grogheads DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE RESULTS OF THE USE OF THE SPECIFIC PRODUCTS OR SERVICES DISCUSSED ON THE SITE, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT Grogheads) ASSUME THE ENTIRE RISK OF ANY RELIANCE ON THESE MATERIALS AND ANY OTHER CONTENT OR INFORMATION AVAILABLE ON THE SITE.
UNDER NO CIRCUMSTANCES WILL Grogheads BE LIABLE IN ANY WAY FOR ANY CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED OR OTHERWISE TRANSMITTED VIA THE SITE. IF YOU FIND ANY CONTENT ON THE SITE OBJECTIONABLE, DO NOT USE THE SITE.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL Grogheads, ITS PARENT, ITS AFFILIATES OR ITS SUBSIDIARIES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS AGENTS, EMPLOYEES, SPONSORS, AND OTHER PARTNERS OF EACH BE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, THE SERVICES AVAILABLE ON THE SITE OR INFORMATION CONTAINED WITHIN THE SITE, EVEN IF ANY OF THESE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR SITE-RELATED SERVICES IS TO STOP USING THE SITE AND/OR THOSE SERVICES.
TERMINATION OF THE SITE
Grogheads reserves the right to withdraw, suspend or discontinue at any time and from time to time any Materials, information, content or services available on the Site and any functionality or features in or on the Site, including the cessation of all activities associated with the Site, with or without notice.
LIMITED DISTRIBUTION AND TERRITORIAL CONSIDERATIONS
This Site is controlled and operated by Grogheads from its offices within the State of Virginia, U.S.A. Grogheads makes no representation that materials in the Site are appropriate or available for use in other locations. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Use of or access to the Site shall not be construed as the purposeful availment of the benefits or privilege of doing business in any state other than the State of Virginia by Grogheads.
Software downloaded from this site is subject to United States export controls. No software from this site may be downloaded or otherwise exported or re-exported into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country to which the U.S. has embargoed goods or to anyone on the United States Treasury Department’s list of Specially Designated National or the United States Commerce Department’s Table of Deny Orders. By downloading or using the software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
GOVERNING LAW AND JURISDICTION
This Agreement shall be governed by, construed and enforced in accordance with the laws of the State of Virginia, as it is applied to agreements entered into and to be performed entirely within Virginia and without giving effect to any principles of conflicts of laws. You agree that any legal lawsuit or other action brought by you or any third party to enforce this agreement, or in connection with any matters related to this Site, shall be subject only to the jurisdiction of either the state or federal courts located in the State of Virginia.
If any provision of this agreement is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement, and shall not affect the validity and enforceability of any remaining provisions.
RESTRICTIONS ON USE OF MATERIALS
This Site is copyright protected. Any textual or graphic material you copy, print, or download is licensed to you by Grogheads and/or its subsidiaries for your personal, non-commercial home use only, provided that you do not change or delete any copyright, trademark or other proprietary notices. All trademarks and logos are owned by Grogheads or its licensors and you may not copy or use them in any manner.