Legal Disclaimer
Copyright and Trademark Notices
You may not modify, copy, distribute, transmit, display, perform, produce, reproduce, publish, license, create derivative works from, transfer or sell any text, graphics, images, media, information, software, products or services obtained from this App. You shall use your best efforts to stop any such copying or distribution immediately after such use becomes known to you.
All design, text, graphics, interfaces and selection arrangements thereof are copyrighted by GRASS AMERICA, INC. (“GRASS”) all rights reserved. Any modification, distribution, or republication without the prior written consent by GRASS is strictly prohibited. You agree that GRASS and its affiliates retain all proprietary right, title and interest including copyright, in the materials, including but not limited to text, images, graphics and other multimedia data on the App.
Use of Site
As a condition of your use of the App, you warrant to GRASS that you will not use the site for any purpose that is unlawful or prohibited by these terms, conditions and notices. You may not use the App in any manner which could damage, disable, overburden or impair the App or interfere with any other party’s use and enjoyment of the App. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the site.
You shall indemnify and hold harmless GRASS, its affiliates, and each parties respective officers, directors, employees, owners and agents against any claim, damages, loss, liability or expense, including attorney’s fees, arising out of your use of the App or its content in any way contrary to the terms of usage of this Legal Disclaimer, or contrary to any applicable law.
Reliance
The information, software, products and services included in or available through the App may include inaccuracies or typographical errors. Changes are periodically incorporated to the information on the site. GRASS may make improvements and/or changes in the App at any time. You hereby acknowledge that any reliance upon any materials, information, and advice shall be at your sole risk. GRASS reserves the right in its sole discretion and without any obligation, to make changes to, improvements to, or correct any errors or admissions in any portion of the service, products, materials or information provided on this App. Advice received via the App should not be relied upon unless you consult an appropriate professional for specific advice tailored to your specific situation.
Termination of Use
GRASS reserves the right in its sole discretion to terminate your access to any or all of GRASS’ App and the related services or any portion thereof at any time without any notice.
Governing Law
To the maximum extent permitted by law, this Legal Disclaimer is governed by the laws of the State of New York and you hereby consent to the exclusive jurisdiction and venue of the courts of the State of New York in all disputes arising out of or relating to the use of the GRASS App. Use of the GRASS App is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions including without limitation, this paragraph. You agree that no joint venture, partnership, employment or agency relationship exists or is created between you and GRASS as a result of this Legal Disclaimer and/or use of the App.
GRASS’s Compliance with Applicable Laws
If any part of this Legal Disclaimer is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth below, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Legal Disclaimer shall continue in effect. Unless otherwise specified herein, this Legal Disclaimer constitutes the entire Legal Disclaimer between the user and GRASS with respect to the App and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and GRASS with respect to the App. A printed version of this Legal Disclaimer and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Legal Disclaimer to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the user and GRASS, that this Legal Disclaimer and all related documents be drawn up in English.
Disclaimer of Liability
Disclaimer
The information, services, products and materials contained in this site, including, without limitation, text, graphics and links, are provided on an “as is” basis with no warranty. To the maximum extent permitted by law, GRASS disclaims all representations and warranties, express or implied, with respect to such information, services, products and materials, including but not limited to warranties of merchantability, fitness for a particular purpose, quality, quantity, title, non-infringement, freedom from computer virus, Year 2000 compliance and implied warranties arising from course of dealing or course of performance. In addition, GRASS does not represent or warrant that the information accessible via this site is accurate, complete and current. Price and availability information is subject to change without notice.
To the maximum extent permitted by applicable law, in no event shall GRASS, and its affiliates be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for personal injury, death, damage to property, loss of use, data or profits, arising out of or in any way connected with the use or performance of the App, with the delay or inability to use the App or related services, the provision of or failure to provide services or for any information, software, products, services and related graphics obtained through the site, or otherwise arising out of the use of any site, whether based on contract, tort, negligence, strict liability, or otherwise, even if GRASS or any of its affiliates have been advised of the possibility of damages.
If you are dissatisfied with any portion of the App or with any terms of use your sole and exclusive remedy is to discontinue using the App.
You agree that GRASS is not liable for any damages of any kind for any reason arising out of, or related to, the use of any other App as a result of following links or hyperlinks from, or through, the App.
GRASS reserves the right to monitor, collect and use technical and personal data collected by this application in a non-personally identifiable manner in order to facilitate the provision of services and the functionality of this App.
