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| LEGAL |
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TRUE GRIN, LLC
WEBSITE TERMS AND CONDITIONS OF USE AGREEMENT
Your access to the True Grin, LLC website located at www.truegrinonline.com ("Site") is subject to your acceptance of this Terms and Conditions of Use Agreement ("Agreement"). Any person accessing, browsing, framing, using and or linking to this Site either manually or through an automated device shall be deemed a "User". All Users are subject to and agree to be bound by this Agreement when using the Site.
1. RISK; INTERNET USE. You assume total responsibility and risk for your use of the Site and the internet. You acknowledge and agree that any uploads or transmissions that you make to, from or through the Site may be intercepted and used by an unauthorized third party and that all risks associated with these activities is solely yours.
2. DOWNLOADING MATERIALS FROM THE SITE. You understand that True Grin, LLC cannot and does not guarantee or warrant that any materials available for downloading, including all links to third party websites, will be free of infection or viruses, worms, trojan horses, time bombs, cancel bots or other computer programming routines which are intended to damage and detrimentally interfere with, surreptitiously intercept or transmit any data or personal information. You are solely responsible for implementing safety procedures to protect your access use and data input of or to the Site, including reconstruction of any lost data on your system.
3. PRIVACY. True Grin, LLC may collect information from its users including their name, e-mail address, user name and password. This information will be kept confidential by True Grin, LLC and will be used solely for the purposes of True Grin, LLC but it may be shared with select partners or providers of services to True Grin, LLC. Notwithstanding the foregoing True Grin, LLC hereby reserves the right to amend at any time with or without notice its Privacy Policy and such amendments will be effective immediately and apply to all personal information then in its possession and all future personal information submitted to it. If you want to opt out or prevent True Grin, LLC from sharing any personal information with any of its vendors, suppliers or partners, please contact Erik Madsen at 7409 Berkshire Dr. NE Cedar Rapids, Iowa 52402 . The collection of personal information may also take place by the use of cookies or other code or tracking devices embedded into the Site. Notwithstanding the foregoing True Grin, LLC does not knowingly collect information about children under the age of 13. If True Grin, LLC obtains actual knowledge that it has collected personal information about a child under the age 13, that information will be immediately deleted from its database and not shared or distributed to any suppliers, vendors or partners. By registering for this Site and submitting information you hereby certify that you are not a child under the age of 13.
4. INTELLECTUAL PROPERTY. The contents of the Site are the property of True Grin, LLC or is licensed to True Grin, LLC. The contents are protected under federal and international copyright and trademark laws and other proprietary rights. Information or material submitted to the Site will comply with the submission guidelines located here. Certain material may be licensed from third parties and all such third party content and intellectual property rights related thereto belong to the third party and/or to True Grin, LLC. No material from the Site may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, except that you may download one copy of the materials on a single computer for your personal, non-commercial home use only, provided that (i) you keep in tact all copyrighted and other proprietary notices; (ii) you make no modification to the materials; (iii) you do not use the materials in a manner that suggests an association with any of our products, services or brands; and (iv) you do not download quantities or materials to a database that can be used to avoid future downloads from our Site. You may not reproduce, reverse engineer, decompile, dissemble, modify, transmit, sell, distribute, license or create any derivative works of the materials or this Site. Any rights not expressly granted by this Agreement are expressly reserved by True Grin, LLC.
True Grin, LLC's designated agent for receipt of copyright infringement claims pursuant to the Digital Millennium Copyright Act (17 USC § 512) is incorporate herein and can be found at the Copyright Notice located here.
5. LINKS. Any links to other third party websites are provided merely as a convenience to the Users of the Site. True Grin, LLC has not reviewed or evaluated the third party websites and takes no responsibility or liability for the third party websites. True Grin, LLC does not endorse or make any representations about these websites. If you decide access to any of these websites through links from the Site, you do so entirely at your own risk.
6. CONTRIBUTIONS TO THE SITE. Any information or material provided to or uploaded to the Site: (a) shall not be false, inaccurate or misleading; (b) shall not be obscene or indecent; (c) shall not contain any viruses, trojan horses, worms, time bombs, spiders or other computing programs that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data or personal information; (d) shall not infringe on any True Grin, LLC or other third party copyright, patent, trademark, trade secret or proprietary rights, including the rights of publicity or privacy; (e) shall not be defamatory, libelous, unlawfully threatening or harassing; (f) shall not readily identify any individual person; and (g) shall not create any liability for True Grin, LLC or cause True Grin, LLC to lose services of its internet service provider or other suppliers.
7. ACCESS CODES. Certain sections of the Site may require that you register by providing certain information including your name, e-mail address, user name and password. In providing this information you agree to provide accurate and current information and to maintain and update the information to keep it accurate and current. If you provide any information that is untrue, inaccurate, not current or complete, or we have reasonably grounds to suspect that the information is untrue, inaccurate, not current or complete, we may, in our sole discretion, suspend or terminate your account and decline to permit your continued use of Site or future access to the Site.
8. DISCLAIMER. MATERIALS AND USE OF THIS SITE ARE PROVIDED "AS IS, WITH ALL FAULTS" AND WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. WE DO NOT WARRANT THAT THE MATERIAL OR SITE WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE IS FREE OF ANY VIRUSES OR OTHER HARMFUL PROGRAMMING CODE. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE OF ANY INFORMATION OR MATERIAL POSTED ON OR PROVIDED THROUGH THE SITE AND YOU ASSUME THE ENTIRE RISK OF ACCESSING AND USING THE SITE. SOME STATES DO NOT PERMIT THE DISCLAIMER OF IMPLIED WARRANTIES SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU.
9. INDEMNIFICATION. You are solely responsible for maintaining the confidentiality of your user name, password and any other information relating to your account. You hereby indemnify, defend and hold True Grin, LLC and our affiliates harmless from and against any and all claims, causes of actions, liabilities, costs or damages, including reasonable attorneys' fees, relating to or arising out of your use of the Site, your breach of the submission agreement, and our use of any material submitted by you. You agree to use your best efforts to cooperate and provide assistance in any defense and we reserve the right to assume the exclusive defense and control of any matter for which you are providing indemnification.
10. RELEASE. YOU HEREBY RELEASE AND FOREVER DISCHARGE TRUE GRIN, LLC AND ITS SUCCESSORS AND ASSIGNS, FROM ANY AND ALL LIABILITY CLAIMS, COUNTERCLAIMS, DEMANDS, SET OFFS, DAMAGES OR OTHER CAUSES OF ACTION, WHICH YOU NOW HAVE OR WHICH MAY HEREAFTER ACCRUE, WHETHER KNOWN OR UNKNOWN, ARISING OUT OF OR RELATING TO YOUR USE OF THIS SITE, YOUR SUBMISSION OF MATERIAL AND OUR USE OF THAT MATERIAL.
11. LIMITATION OF LIABILITY. IN NO EVENT, INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, TORT, NEGLIGENCE OR GROSS NEGLIGENCE, SHALL TRUE GRIN, LLC BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGE THAT ARISE FROM THE USE, OR INABILITY TO USE, THE SITE OR THE MATERIALS OR FUNCTIONS OF THE SITE, EVEN IF TRUE GRIN, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE FOREGOING LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE TOTAL LIABILITY FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, OR $100.00, WHICHEVER IS LESS, FOR ACCESSING, USING, SUBMITTING OR PARTICIPATING IN ANY ACTIVITY RELATED TO THE SITE.
12. AMENDMENT. True Grin, LLC reserves the right, at its sole discretion, to change, modify, add or delete the portions of this Agreement, including the Privacy Policy at any time without notice to you. Any change shall be effective immediately and it is your sole responsibility to periodically monitor this Agreement and the Privacy Policy for any changes. Continued use of the Site constitutes your acceptance of any modified, amended, changed or altered Agreement or Privacy Policy.
13. SUCCESSORS AND ASSIGNS. This Agreement and the Privacy Policy shall inure to successors and assigns of True Grin, LLC and such successors and assigns shall be permitted to use any personal information collected from you which is covered under True Grin, LLC's Privacy Policy as amended from time to time with or without notice to you.
14. GOVERNING LAW. This Agreement and access to the Site shall be governed by and construed in accordance with the substantive and procedural laws of the State of Iowa, without regard to its conflict of law provisions. You hereby consent to the exclusive personal jurisdiction, forum and venue of the federal and state courts located in Linn County, Iowa and waive any claim to an inconvenient forum.
15. SEVERABILITY AND WAIVER. If any provision of this Agreement is determined to be void, invalid or unenforceable, the remainder shall be unaffected and shall be enforceable as if the void, invalid or unenforceable part was not a provision of this Agreement. The wavier of either party of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach.
16. ENTIRE AGREEMENT. This Agreement and any other agreement referenced herein is incorporated herein by this reference and constitutes the entire understanding of the parties with respect to the use and access of this Site.
17. TERMINATION. True Grin, LLC may immediately suspend or terminate your access to the Site for breach of this Agreement or breach of any other agreement or policy incorporated by this reference or to which you agree to be bound or for any other reason in our sole discretion.
COPYRIGHT NOTICE
Copyright © 2005 TRUE GRIN, LLC. All rights reserved.
The entire contents of this website are protected under the United States Copyright laws. You may print or download portions of materials from this website for your own personal internal and non-commercial use. Any other copying, distribution, transmission or publication is prohibited unless you have received the prior express written consent of True Grin, LLC. TRUE GRIN and TRUE GRIN: MAKING FUN WITH EVERY DAY STUFF are trademarks and service marks of True Grin, LLC. The use of these marks or any other marks, slogans or logos contained on this website is strictly prohibited.
NOTICE AND DESIGNATION OF AGENT FOR
COPYRIGHT INFRINGEMENT NOTIFICATION
Pursuant to the terms of the Digital Millennium Copyright Act of 1998 ("DMCA"), the owners of this site have registered a designated agent with the United States Copyright Office. The designated agent is assigned to receive all notifications of the DMCA.
The designated agent can be reached at: Erik Madsen, 7409 Berkshire Dr. NE Cedar Rapids, Iowa 52402 and (319) 377-6444.
It is our policy to fully comply with the terms and provisions of the DMCA and to remove articles or material that may be infringing upon the rights of others. We do not knowingly place any infringing material on our website.
You may notify us of materials that you believe may be infringing the copyright of any third party by notifying the designated agent at the contact information set forth above. Your notice should comply with the requirements of the DMCA and at a minimum, the notice should include the following:
1. A description and identification of the copyrighted work which you claim has been infringed, including the URL of the location where the copyrighted work exists or a copy of the copyrighted work;
2. A description and identification of the material believed to be violating the copyright. The more specific your description, the better we can respond to your notice. Please include the URL of the location of the allegedly infringing work;
3. A statement that the allegedly infringing material is not authorized by the copyright holder;
4. Contact information for the copyright holder or its agent, including the address, telephone number, fax number and e-mail address;
5. The electronic or physical signature of the copyright holder or its agent; and
6. A statement by you made under penalty of perjury that the information contained in your notice is accurate and that you are either the copyright holder or an authorized agent of the copyright holder.
Upon receipt of a notice that substantially complies with the requirements of the DMCA and the provisions set forth above, we will abide by the requirements of the DMCA with respect to your claim.
Thank you for using our site.
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