Welcome to the Grrab-it.com.com website, (the “Website”). These Terms of Service (“TOS”) contain the terms and conditions that govern your use of the Website and the Grrab-it.com Service (as defined below). This TOS describes your rights and responsibilities and what you can expect from the Grrab-it.com Service. Use of the Grrab-it.com Website constitutes your acceptance of and agreement to this TOS.
Grrab-it.com reserves the right to add, delete and/or modify any of the terms and conditions contained in this TOS, at any time and in its sole discretion, by posting a change notice or a new agreement on the Grrab-it.com Website. In the event of substantive changes to this TOS, you may be notified by email. If any modification is unacceptable to you, your only recourse is to not use the Website and the Grrab-it.com Service. Your continued use of the Grrab-it.com Website following posting of a change notice or new TOS on the Grrab-it.com Website will constitute binding acceptance of the changes.
1. Grrab-it.com Service
Grrab-it.com provides a number of Internet-based services through the Website (all such services, collectively, the “Grrab-it.com Service”). One such service enables users to post information regarding to sales, including without limitation, addresses, photos, descriptions and merchandise (collectively, “Products”). Grrab-it.com allows all users to browse the Website and use the information provided to find the locations of posted sales. Grrab-it.com may offer a number of other services on its Website, including without limitation, newsletters, information banners, which may change from time to time.
2 . Use of the Web Site and Grrab-it.com Service
2.1 Eligibility.Grrab-it.com will only knowingly provide theGrrab-it.com Service to parties that can lawfully enter into and form contracts under applicable law. If you are under the age of 18, but at least 13 years of age, you may use the Grrab-it.com Service only under the supervision of a parent or legal guardian who agrees to be bound by this TOS. Grrab-it.com Service is not intended for children under the age of 13.
2.2 Compliance with TOS and Applicable Law. You must comply with all of the terms and conditions of this TOS, the applicable agreements and policies referred to below, and all applicable laws, regulations and rules when you use the Grrab-it.com Services.
2.3 License to Use Grrab-it.com Services
Grrab-it.com solely and exclusively owns all intellectual property and other rights, title and interest in and to the Grrab-it.com Service and Website, except as expressly provided for in these TOS. For example and without limitation, Grrab-it.com owns the copyrights in and to the Website, and certain technology used in providing the Grrab-it.com Service. You will not acquire any right, title or interest therein under this TOS or otherwise to any intellectual property owned by Grrab-it.com.
Grrab-it.com grants you a limited revocable license to access and use Grrab-it.com Service for its intended purposes, subject to your compliance with this TOS. This license does not include the right to collect or use information contained on the Website for purposes prohibited by Grrab-it.com; to compete with Grrab-it.com; to create derivative works based on the content of the Website; or download or copy the Website (other than page caching). If you use the Website in a manner that exceeds the scope of this license or you breach this TOS, Grrab-it.com may revoke the license granted to you.
3. General Rules
3.1 Prohibited Use. You may only use the Grrab-it.com Service as expressly permitted by Grrab-it.com. You may not cause harm to the Grrab-it.com service. Specifically, but not by way of limitation, you may not interfere with the Grrab-it.com Service by using viruses or any other programs or technology designed to disrupt or damage any software or hardware;modify, create derivative works from, reverse engineer, decompile or disassemble any technology used to provide the Grrab-it.com Service;use a robot, spider or other device or process to monitor the activity on or copy pages from the Website, except in the operation or use of an internet “search engine”, hit counters or similar technology;collect electronic mail addresses or other information from third parties by using the Grrab-it.com Service;impersonate another person or entity;use any meta tags, search terms, key terms, or the like that contain Grrab-it.com’s name or trademarks;engage in any activity that interferes with another user’s ability to use or enjoy the Grrab-it Service; or assist or encourage any third party in engaging in any activity prohibited by this TOS.
4. Reservation of Rights
4.1 Monitoring. Grrab-it.com reserves the right, but does not assume the obligation, to monitor transactions and communications that occur through the Website. If Grrab-it.com determines, in its sole and absolute discretion, that you or another Grrab-it.com user will breach a term or condition of this TOS or that such transaction or communication is inappropriate, Grrab-it.com may cancel such transaction or take any other action to restrict access to or the availability of any material that may be considered objectionable, without any liability to you or any third party.
4.2 Modification of the Service. Grrab-it.com reserves the right to modify the organization, structure or “look and feel” of the Grrab-it.com Service or the Website, and may change, suspend, or discontinue any aspect of the Grrab-it.com Service at any time without any liability to you or any third party. Grrab-it.com shall have complete discretion over the features, functions, prices and other terms and conditions on which the Grrab-it.com Service is offered to Grrab-it.com users.
When you submit questions, comments, suggestions, ideas, material submitted via web forms, communications or any other information (“Submissions”), you grant Grrab-it.com permission to use such Submissions for marketing and other promotional purposes, including the right to sublicense. You agree that Grrab-it.com will have no obligation to keep any Submissions confidential. You will not bring a claim against Grrab-it.com based on “moral rights” or the likes arising from Grrab-it.com’s use of a Submission.
6 . Representations and Warranties
6.1 Mutual Representations and Warranties. You represent and warrant to Grrab-it.com and Grrab-it.com represents and warrants to you: (i) that you or it has the full power and authority to enter into and perform under this TOS, (ii) the execution and performance of your or its obligations under this TOS does not constitute a breach of or conflict with any other agreement or arrangement by which you or it is bound, and (iii) this TOS is a legal, valid and binding obligation of the party entering into this TOS, enforceable in accordance with its terms and conditions.
6.2 You represent and warrant to Grrab-it.com that, in your use of the Grrab-it.com Service, you: (i) will not infringe the copyright, trademark, patent, trade secret, right of privacy, right of publicity or other legal right of any third party, and (ii) will comply with all applicable laws, rules, and regulations. You further represent and warrant to Grrab-it.com that: (i) there are no claims, demands or any form of litigation pending, or to the best of your knowledge, threatened with respect to any of your Content; (ii) Grrab-it.com will not be required to make any payments to any third party in connection with its use of your Content, except for the expenses that Grrab-it.com incurs in providing the Grrab-it.com Service; (iii) the use of any instructions, formulae, recommendations, or the like contained in your Content will not cause injury to any third party; and (iv) your Content does not contain viruses or any other programs or technology designed to disrupt or damage any software or hardware.
7 . Disclaimers and Exclusions
DISCLAIMER OF WARRANTIES. Grrab-it.com PROVIDES SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS. Grrab-it.com DOES NOT REPRESENT OR WARRANT THAT THE Grrab-it.com SERVICE OR ITS USE: (i) WILL BE UNINTERRUPTED, (ii) WILL BE FREE OF INACCURACIES OR ERRORS, (iii) WILL MEET YOUR REQUIREMENTS, OR (iv) WILL OPERATE IN THE CONFIGURATION OR WITH THE HARDWARE OR SOFTWARE YOU USE. Grrab-it.com MAKES NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THESE TOS, AND HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT.
8. Limitation of Liability
LIMITATION OF LIABILITY. Grrab-it.com WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) ARISING OUT OF, RELATING TO OR CONNECTED WITH THE USE OF THE Grrab-it.com SERVICE OR THIS TOS, BASED ON ANY CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT FOR A BREACH OF A PARTY’S REPRESENTATIONS AND WARRANTIES UNDER THIS TOS OR IN CONNECTION WITH YOUR INDEMNITY OBLIGATIONS UNDER THIS TOS, IN NO EVENT WILL THE LIABILITY OF EITHER PARTY IN CONNECTION WITH THIS TOS EXCEED THE GREATER OF (i) THE AMOUNT PAID BY Grrab-it.com TO YOU DURING THE SIX MONTHS IMMEDIATELY PRECEDING THE EVENT THAT GIVES RISE TO SUCH LIABILITY OR (ii) $200.
You must indemnify and hold Grrab-it.com and its employees, representatives, agents, affiliates, directors, officers, managers and shareholders (the “Parties”) harmless from any damage, loss, or expense (including without limitation, attorneys’ fees and costs) incurred in connection with any third-party claim, demand or action (“Claim”) brought against any of the Parties alleging that you have breached any provision of this TOS through any act or omission. If you have to indemnify Grrab-it.com under this Section, Grrab-it.com will have the right to control the defense, settlement, and resolution of any Claim at your sole expense. You may not settle or otherwise resolve any Claim without Grrab-it.com’s express written permission.
Termination. In its sole discretion, with or without notice to you, Grrab-it.com may: (i) suspend, limit your access to or terminate your use of the Grrab-it.com Service, (ii) suspend, limit your access to or terminate your account, (iii) remove any of your Content from Grrab-it.com’s servers and directories and (iv) prohibit you from using the Grrab-it.com Service and/or the Website.
Survival. Notwithstanding Section 11.1 above, this TOS will survive indefinitely unless and until Grrab-it.com chooses to terminate this TOS