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Welcome to gripesandgiggles.com, owned, designed, administered and operated
by Beverly Figueroa. gripesandgiggles.com provides web community services,
such as news, information chat, and online surveys, as well as providing
links to online shopping and other third party sources and more. Most
of gripesandgiggles.com services are sponsored by advertisers and/or third
party sites. By using this site, you are agreeing to comply with and be
bound by the following terms of use. Please review the following terms
carefully. If you do not agree to these terms, you should not use this
site. The term "the Site" or "this Site" or "our
Site" or "us" or "we" or "our" refers
to gripesandgiggles.com Web Site. The term "you" refers to the
user or viewer of our Web Site, gripesandgiggles.com .
1. Acceptance of Agreement.
You agree to the terms and conditions outlined in this Terms of Use Agreement
("Agreement") with respect to our site (the "Site").
Unless expressly stated otherwise, this Agreement constitutes the entire
and only agreement between us and you, and supersedes all prior or contemporaneous
agreements, representations, warranties and understandings with respect
to the Site, the content, products or services provided by or through
the Site, and the subject matter of this Agreement. This Agreement may
be amended at any time by us from time to time without specific notice
to you. The latest Agreement will be posted on the Site, and you should
review this Agreement prior to using the Site.
2. Copyright.
The content, organization, graphics, design, compilation, magnetic translation,
digital conversion and other matters related to the Site are protected
under applicable copyrights, trademarks and other proprietary (including
but not limited to intellectual property) rights. The copying, redistribution,
use or publication by you of any such matters or any part of the Site,
except as allowed by Section 4 below, is strictly prohibited. You do not
acquire ownership rights to any content, document or other materials viewed
through the Site. The posting of information or materials on the Site
does not constitute a waiver of any right in such information and materials.
Some of the content on the site is the copyrighted work of third parties.
3. Limited License; Permitted Uses.
You are granted a non-exclusive, non-transferable, revocable license (a)
to access and use the Site strictly in accordance with this Agreement;
(b) to use the Site solely for internal, personal, non-commercial purposes;
and (c) to print out discrete information from the Site solely for internal,
personal, non-commercial purposes and provided that you maintain all copyright
and other policies contained therein. No print out or electronic version
of any part of the Site or its contents may be used by you in any litigation
or arbitration matter whatsoever under any circumstances.
4. Restrictions and Prohibitions on Use.
Your license for access and use of the Site and any information, materials
or documents (collectively defined as "Content and Materials")
therein are subject to the following restrictions and prohibitions on
use: You may not (a) copy, print (except for the express limited purpose
permitted by Section 4 above), republish, display, distribute, transmit,
sell, rent, lease, loan or otherwise make available in any form or by
any means all or any portion of the Site or any Content and Materials
retrieved therefrom; (b) use the Site or any materials obtained from the
Site to develop, of as a component of, any information, storage and retrieval
system, database, information base, or similar resource (in any media
now existing or hereafter developed), that is offered for commercial distribution
of any kind, including through sale, license, lease, rental, subscription,
or any other commercial distribution mechanism; (c) create compilations
or derivative works of any Content and Materials from the Site; (d) use
any Content and Materials from the Site in any manner that may infringe
any copyright, intellectual property right, proprietary right, or property
right of us or any third parties; (e) remove, change or obscure any copyright
notice or other proprietary notice or terms of use contained in the Site;
(f) make any portion of the Site available through any timesharing system,
service bureau, the Internet or any other technology now existing or developed
in the future; (g) remove, decompile, disassemble or reverse engineer
any Site software or use any network monitoring or discovery software
to determine the Site architecture; (h) use any automatic or manual process
to harvest information from the Site; (i) use the Site for the purpose
of gathering information for or transmitting (1) unsolicited commercial
email; (2) email that makes use of headers, invalid or nonexistent domain
names, or other means of deceptive addressing; and (3) unsolicited telephone
calls or facsimile transmissions; (j) use the Site in a manner that violates
any state or federal law regulating email, facsimile transmissions or
telephone solicitations; and (k) export or re-export the Site or any portion
thereof, or any software available on or through the Site, in violation
of the export control laws or regulations of the United States.
5. Forms, Agreements & Documents
We may make available through the Site or through other Web sites sample
and actual forms, surveys, checklists, (collectively, "Documents").
All Documents are provided on a non-exclusive license basis only for your
personal one-time use for non-commercial purposes, without any right to
re-license, sublicense, distribute, assign or transfer such license. Documents
are provided for without any representations or warranties, express or
implied, as to their suitability, legal effect, completeness, currentness,
accuracy, and/or appropriateness. THE DOCUMENTS ARE PROVIDED "AS
IS", "AS AVAILABLE", AND WITH "ALL FAULTS", AND
WE AND ANY PROVIDER OF THE DOCUMENTS DISCLAIM ANY WARRANTIES, INCLUDING
BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE.
6. No Legal Advice or Attorney-Client Relationship.
Information contained on or made available through the Site is not intended
to and does not constitute legal advice, recommendations, mediation or
counseling under any circumstance and no attorney-client relationship
is formed. We do not warrant or guarantee the accurateness, completeness,
adequacy or currency of the information contained in or linked to the
Site. Your use of information on the Site or materials linked to the Site
is entirely at your own risk. We are not a law firm and the Site is not
a lawyer referral service.
7. Linking to the Site.
You may provide links to the Site, provided (a) that you comply with our
linking agreement terms, or other notices on the Site, (b) your site does
not engage in illegal or pornographic activities, and (c) you discontinue
providing links to the Site immediately upon request by us.
8. Advertisers.
The Site contains advertising and sponsorships. Advertisers and sponsors
are responsible for ensuring that material submitted for inclusion on
the Site is accurate and complies with applicable laws. We are not responsible
for the illegality or any error, inaccuracy or problem in the advertiser's
or sponsor's materials.
9. Registration.
Certain sections of, or offerings from, the Site may require you to register.
If registration is requested, you agree to provide us with accurate, complete
registration information. Your registration must be done using your real
name and accurate information. Each registration is for your personal
use only and not on behalf of any other person or entity. We do not permit
(a) any other person using the registered sections under your name; or
(b) access through a single name being made available to multiple users
on a network. You are responsible for preventing such unauthorized use.
10. Errors, Corrections and Changes.
We do not represent or warrant that the Site will be error-free, free
of viruses or other harmful components, or that defects will be corrected.
We do not represent or warrant that the information available on or through
the Site will be correct, accurate, timely or otherwise reliable. We may
make changes to the features, functionality or content of the Site at
any time. We reserve the right in our sole discretion to edit or delete
any documents, information or other content appearing on the Site.
11. Third Party Content.
Third party content may appear on the Site or may be accessible via links
from the Site. We are not responsible for and assume no liability for
any mistakes, misstatements of law, defamation, omissions, falsehood,
obscenity, pornography or profanity in the statements, opinions, representations
or any other form of content on the Site. You understand that the information
and opinions in the third party content represent solely the thoughts
of the author and is neither endorsed by nor does it necessarily reflect
our belief.
12. Unlawful Activity.
We reserve the right to investigate complaints or reported violations
of this Agreement and to take any action we deem appropriate, including
but not limited to reporting any suspected unlawful activity to law enforcement
officials, regulators, or other third parties and disclosing any information
necessary or appropriate to such persons or entities relating to your
profile, email addresses, usage history, posted materials, IP addresses
and traffic information.
13. Indemnification.
You agree to indemnify, defend and hold us and our partners, agents, officers,
directors, employees, subcontractors, successors, assigns, third party
suppliers of information and documents, attorneys, advertisers, product
and service providers, and affiliates (collectively, "Affiliated
Parties") harmless from any liability, loss, claim and expense, including
reasonable attorney's fees, related to your violation of this Agreement
or use of the Site.
14. Nontransferable.
Your right to use the Site is not transferable or assignable. Any password
or right given to you to obtain information or documents is not transferable
or assignable.
15. Disclaimer.
THE INFORMATION, CONTENT AND DOCUMENTS FROM OR THROUGH THE SITE ARE PROVIDED
"AS-IS," "AS AVAILABLE," WITH "ALL FAULTS",
AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT
NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY
CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED
PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR
SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED
PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL
DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION,
OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY,
TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES
SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN
US AND YOU. THIS SITE AND THE PRODUCTS, SERVICES, DOCUMENTS AND INFORMATION
PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR
INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH
THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE
NOT EXPRESSLY STATED IN THIS AGREEMENT.
ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY
VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT
IS DISCLAIMED.
gripesandgiggles.com is chiefly an advertising site and as such, we provide
links to third party sites. These sites are governed by their own policies
and guidelines, of which gripesandgiggles.com has no affiliation. Additionally,
gripesandgiggles.com does not control, condone or endorse any of the material
appearing on these sites. It is the visitors' sole responsibility to comply
with the policies of these sites.
16. Limitation of Liability
(a) We and any Affiliated Party shall not be liable for any loss, injury,
claim, liability, or damage of any kind resulting in any way from (a)
any errors in or omissions from the Site or any services or products obtainable
therefrom, (b) the unavailability or interruption of the Site or any features
thereof, (c) your use of the Site, (d) the content contained on the Site,
or (e) any delay or failure in performance beyond the control of a Covered
Party.
17. Use of Information.
We reserve the right, and you authorize us, to the use and assignment
of all information regarding Site uses by you and all information provided
by you in any manner consistent with our Privacy Policy. All remarks,
suggestions, ideas, graphics, or other information communicated by you
to us (collectively, a "Submission") will forever be our property.
We will not be required to treat any Submission as confidential, and will
not be liable for any ideas (including without limitation, product, service
or advertising ideas) and will not incur any liability as a result of
any similarities that may appear in our future products, services or operations.
Without limitation, we will have exclusive ownership of all present and
future existing rights to the Submission of every kind and nature everywhere.
We will be entitled to use the Submission for any commercial or other
purpose whatsoever, without compensation to you or any other person sending
the Submission. You acknowledge that you are responsible for whatever
material you submit, and you, not us, have full responsibility for the
message, including its legality, reliability, appropriateness, originality,
and copyright.
18. Third-Party Services.
We may allow access to or advertise certain third-party product or service
providers ("Merchants") from which you may purchase certain
goods or services. You understand that we do not operate or control the
products or services offered by Merchants. Merchants are responsible for
all aspects of order processing, fulfillment, billing and customer service.
We are not a party to the transactions entered into between you and Merchants.
You agree that use of or purchase from such Merchants is AT YOUR SOLE
RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR
OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY
OR NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES
ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION
APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SITE.
19. Third-Party Merchant Policies.
All rules, policies (including privacy policies) and operating procedures
of Merchants will apply to you while on any Merchant sites. We are not
responsible for information provided by you to Merchants. We and the Merchants
are independent contractors and neither party has authority to make any
representations or commitments on behalf of the other.
20. Privacy Policy.
Our Privacy Policy, as it may change from time to time, is a part of this
Agreement. You must review this Privacy Policy by clicking on this
link.
21. Payments.
You represent and warrant that if you are purchasing something from us
or from Merchants that (i) any credit information you supply is true and
complete, (ii) charges incurred by you will be honored by your credit
card company, and (iii) you will pay the charges incurred by you at the
posted prices, including any applicable taxes.
22. Securities Laws.
The Site may include statements concerning our operations, prospects,
strategies, financial condition, future economic performance and demand
for our products or services, as well as our intentions, plans and objectives
(particularly with respect to product and service offerings), that are
forward-looking statements. These statements are based upon a number of
assumptions and estimates which are subject to significant uncertainties,
many of which are beyond our control. When used on our Site, words like
"anticipates," "expects," "believes," "estimates,"
"seeks," "plans," "intends," "will"
and similar expressions are intended to identify forward-looking statements
designed to fall within securities law safe harbors for forward-looking
statements. The Site and the information contained herein does not constitute
an offer or a solicitation of an offer for sale of any securities. None
of the information contained herein is intended to be, and shall not be
deemed to be, incorporated into any of our securities-related filings
or documents.
23. Links to other Web Sites.
The Site contains links to other Web sites. We are not responsible for
the content, accuracy or opinions express in such Web sites, and such
Web sites are not investigated, monitored or checked for accuracy or completeness
by us. Inclusion of any linked Web site on our Site does not imply approval
or endorsement of the linked Web site by us. If you decide to leave our
Site and access these third-party sites, you do so at your own risk.
24. Copyrights and Copyright Agents.
We respect the intellectual property of others, and we ask you to do the
same. If you believe that your work has been copied in a way that constitutes
copyright infringement, please provide our Copyright Agent the following
information:
a. An electronic or physical signature of the person authorized to act
on behalf of the owner of the copyright interest;
b. A description of the copyrighted work that you claim has been infringed;
c. A description of where the material that you claim is infringing is
located on the Site;
d. Your address, telephone number, and email address;
e. A statement by you that you have a good faith belief that the disputed
use is not authorized by the copyright owner, its agent, or the law; and
f. A statement by you, made under penalty of perjury, that the above information
in your Notice is accurate and that you are the copyright owner or authorized
to act on the copyright owner's behalf.
Our Copyright Agent for Notice of claims of copyright infringement on
the Site can be reached by directing an e-mail to info@gripesandgiggles.com
25. Legal Compliance.
You agree to comply with all applicable domestic and international laws,
statutes, ordinances and regulations regarding your use of the Site and
the Content and Materials provided therein.
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