Terms and Conditions
Please read this Agreement carefully. This Agreement governs your use of
the www.grantparksoftware.com (“www.grantparksoftware.com” or “Publisher”) web site
and the services and goods provided through or in connection with the
web site (collectively the “Site”). It exempts www.grantparksoftware.com and
others from liability or limits their liability and contains other
important provisions that you should read. Each time you use the Site,
you acknowledge and signify that you have read, understood, and agreed
to be bound by this Agreement. If you do not agree with each provision
of this Agreement each time you use the Site, you may not use the Site.
Each time you use the Site, the text of this Agreement as it then reads
will govern your use. Accordingly, when you use the Site you should
check the effective date of this Agreement and review any changes since
the last version.
YOUR ACCEPTANCE OF THIS AGREEMENT
This Agreement is an agreement between you and www.grantparksoftware.com and
governs your use of the Site and any materials that you may use or allow
others to use in connection with the Site (and for purposes of this
Agreement, “Materials” includes User IDs, email addresses,
passwords, comments, images, graphics, text and data and any other forms
of communication, whether posted publicly or with password protection).
Each time you use the Site, you signify your acceptance and agreement,
and the acceptance and agreement of any person you purport to represent
(and for purposes of this Agreement, “Person” includes any type of
incorporated or unincorporated entity), without limitation or
qualification, to be bound by this Agreement, and you represent and
warrant that you have the legal authority to agree to and accept this
Agreement on behalf of yourself and any Person you purport to represent.
If you do not agree with each provision of this Agreement, or you are
not authorized to agree to and accept this Agreement, or you do not have
the legal authority to agree to and accept this Agreement, then you may
not use the Site.
ACCEPTABLE USE POLICY
General Use Rules
Use of the Site must be lawful, ethical, and respectful of the legal
rights and interests of all other persons, and consistent with the
security and reliability of the Site and the Internet generally.
Without limiting the above, the following rules apply to the use of the
Site, which includes posting materials to the Site:
lawful use: Use of the Site must be lawful and must comply with
all applicable domestic and foreign laws, regulations, rules, policies,
treaties and tariffs, whether civil, criminal or otherwise. Access to
the Site from locations where the Site may be illegal is prohibited.
non-commercial use: The Site may be used only for personal,
non-commercial purposes and must not be used in connection with any
commercial activities, including: (a) selling or offering to sell any
goods or services; (b) soliciting for advertisers or sponsors; (c)
conducting contests, gaming or gambling or offering prizes, awards or
any other incentives to Users; (d) displaying advertising or sponsorship
banners, including those generated by banner or link exchange services;
(e) soliciting for donations; or (f) use of unauthorized or unsolicited
junk mail, spam, chain letters, pyramid schemes or any other form of
solicitation.
security and performance: The Site must not be used with any
action, device, software or routine which could directly or indirectly
interfere (or attempt to interfere) with the proper working of the Site
or impose an unreasonable or disproportionately large load or burden on
the system or its infrastructure.
other person’s rights: Use of the Site must not infringe the
legal rights of any other person (including privacy and personality
rights, copyright, moral rights, and other intellectual property
rights).
no data collection: Use of the Site must not involve any data
matching or data mining, including without limitation the collection or
use of information about other www.grantparksoftware.com Members and Users
(including their email addresses) without their consent.
Use Guidelines - Prohibited Uses
The following is a non-exhaustive list of prohibited uses of the Site
and its services including email. www.grantparksoftware.com reserves the right, in
its sole discretion, to determine whether any use of the Site is
prohibited or otherwise violates this Policy. Through the use of the
free www.grantparksoftware.com accounts, you agree that the Publisher shall not be
responsible or liable for any loss of information howsoever arising from
deletion or failure to be stored. The Publisher shall have no obligation
to maintain or forward any content for you or any third party.
Uses that may violate the General Use Rules set forth above.
Uses that may be unlawful, indecent, offensive, defamatory, derogatory,
fraudulent, deceptive, harmful, abusive, threatening, vulgar, profane,
pornographic, obscene, sexually explicit, sexist, racist, hateful,
offensive, harassing, invasive of the privacy rights of others, or
otherwise objectionable. (This includes the posting of any materials
that depict, encourage, indicate, advocate or tend to incite any such
conduct.)
Uses that may harm, threaten, harass, abuse or intimidate any other
person in any way or involve materials that depict, promote, encourage,
indicate, advocate or tend to incite the commission of a crime or other
unlawful activities, violence, hatred, cruelty or discrimination against
any individuals or groups, for any reason, or any act of cruelty to
animals.
Uses that may dilute or depreciate the name and reputation of
www.grantparksoftware.com and its affiliates or associates.
Uses that interfere with other persons’ use and enjoyment of the Site
or of the Internet generally.
Uses that may disrupt, compromise or degrade the integrity, efficiency,
performance or security of the Site or that may otherwise result in:
the circumvention or breach of any User authentication, password,
security or control measures regarding the Site or any other Internet
resource or computer system;
unauthorized access to other persons’ www.grantparksoftware.com accounts and
materials (including materials posted to the Site) or interference with
their use and enjoyment of the Site.
Uses that conceal or misrepresent the author or origin of any messages
or communication, or that impersonate any person, or that falsely state
or otherwise misrepresent an affiliation with any other person,
including without limitation any www.grantparksoftware.com representative.
Uses that contain or disclose images of any person or private
information about any person (such as names, telephone numbers, email
addresses, postal addresses, social insurance or social security
numbers) without that person’s permission.
The uploading, posting or transmission to the Site of any of the
following materials, whether posted publicly or with password
protection, whether directly or indirectly or intentionally or
unintentionally: materials that contain links to other Web sites or
Internet resources; executable programs or audio and video recordings;
materials that contain computer viruses, trojan horses, worms, time
bombs, cancelbots, or other computer code that may damage, harm,
detrimentally interfere with, surreptitiously intercept or expropriate,
interrupt, limit the functionality of, or otherwise adversely affect the
Site or any other computer system, hardware, software,
telecommunications equipment, data, or personal information; and
materials that are encrypted.
Monitoring and Complaints
www.grantparksoftware.com is not obliged to monitor, screen, police or edit the
use of the Site, including postings of materials to the Site, although
www.grantparksoftware.com reserves the right to do so in its sole discretion and
without any notice or liability to you or any other person.
www.grantparksoftware.com will respond as it considers appropriate, in its sole
discretion, if it becomes aware of any inappropriate uses of the Site,
including without limitation uses that constitute copyright
infringement. You may report violations of this Policy by using the form
found here. The procedure for making copyright infringement claims may
be found here.
Compliance, Consequences, and Law Enforcement Disclosure
www.grantparksoftware.com may in its sole discretion determine whether this Policy
has been violated.
Policy violations constitute a breach of the www.grantparksoftware.com Term of
Service Agreement and may, in the sole discretion of www.grantparksoftware.com,
result in: (a) termination or suspension of permission to use the Site
and any www.grantparksoftware.com membership and accounts you may have; (b)
restricted access to materials posted to the Site; (c) removal and
permanent deletion and destruction of materials posted to the Site; and
(d) other consequences; all without any notice or any liability to you
or any other person.
By violating this Policy, you may incur criminal or civil liability.
www.grantparksoftware.com may in its sole discretion report perceived violations
of applicable law to law enforcement authorities. www.grantparksoftware.com will
co-operate fully with law enforcement authorities in the investigation
of suspected unlawful conduct, including providing www.grantparksoftware.com
members’ personal information (including account information and
payment information), and copies of materials used in connection with
the Site (including materials posted to the Site).
www.grantparksoftware.com’s failure to enforce this Policy, for whatever reason,
shall not be construed as a waiver of any preceding or subsequent
violation of this Policy.
To return to the Site, please use the “Back” button on your browser.
CHANGES TO THIS AGREEMENT
You may not change, supplement, or amend this Agreement in any manner.
www.grantparksoftware.com may, in its sole discretion, change, supplement or amend
this Agreement as it relates to your future use of the Site from time to
time, for any reason, and without any prior notice or liability to you
or any other person.
AUTHORIZED USERS
This Site may be used only by individuals who have reached the age of
majority or legal age in their jurisdictions and who can form legally
binding contracts under applicable law. This Site may not be used by
individuals who have had their www.grantparksoftware.com membership or account
terminated or by individuals in jurisdictions where the Site, or any
part of it, may be illegal. It is solely your responsibility to
determine whether your use of the Site is lawful, and you must comply
with all laws applicable in your jurisdiction.
RESPONSIBILITY FOR SUBMISSIONS
You warrant that you hold all proprietary rights, interests and title in
any and all submissions you make or, in the alternative, that you have
the prior written consent from any and all third parties who have
proprietary rights, interests or title in any part of the Materials
submitted to the Site and that those third parties will be bound by
these www.grantparksoftware.com Terms of Services. You assume sole and complete
responsibility for any damages resulting from infringements of
copyright, trademarks or any other proprietary right or harm resulting
from your submissions to the Site. You are responsible for determining
what portion of your submissions, if any, are proprietary to a third
party. By making a submission to the Site, you grant to the Publisher
the irrevocable right, interest, title and license to use, reproduce,
modify, adapt, publish, translate, create derivatives of, distribute,
transmit, display or otherwise use the submissions for the Publisher’s
purposes including questions, comments, suggestions, or other similar
uses regarding any information found on the Site or any of the services
delivered by the Publisher.
You shall not use a User name, email address or URL (i) with the intent
of impersonating another person or entity; (ii) without the consent of
the owner of that name, email address or URL; (iii) violating any third
party’s proprietary rights; or (iv) that is offensive in the sole
discretion of the Publisher. The Publisher and its affiliates are not
liable for any direct, indirect, incidental, special or consequential
damages occurring through the use of the Site or through any breach of
your warranties and obligations contained herein. The liability of the
Publisher shall not, under any circumstance, exceed the total amount
paid to the Publisher by you.
FEES AND CHARGES
You are responsible for all costs associated with obtaining and
operating all the hardware and software necessary to access the Site
including, but not limited to, computer hardware and software, modems,
telephone, internet services provider, and/or connectivity charges.
You are responsible for paying all fees and charges associated with
using the Site, including any applicable taxes. All amounts appearing on
the Site are quoted in Canadian dollars.
LINKING AND FRAMING
This Site may contain advertisements for, and links to, other Internet
sites and businesses operated by third parties (“Other Sites”). The
Other Sites are independent from the Publisher and the Publisher has no
responsibility or liability for or control over Other Sites, their
business, goods, services or content. The Publisher does not sponsor or
endorse any Other Sites or their content or the goods or services
available through those Other Sites. Your use of Other Sites and your
dealings with the owners or operators of Other Sites is at your own
risk, and you may not make any claim against www.grantparksoftware.com arising out
of your use of any Other Sites or your dealings with the owners and
operators of any Other Sites.
GOVERNING LAW AND DISPUTE RESOLUTION
This Agreement, your use of the Site, all transactions through the Site,
and all related matters are governed solely by the laws of the Province
of British Columbia, Canada and applicable federal laws of Canada,
excluding any rules of private international law or the conflict of laws
which would lead to the application of any other laws.
Any dispute between www.grantparksoftware.com and you or any other Person arising
from, in connection with, or relating to the Site, this Agreement, any
transaction through the Site or any related matters must be resolved
before the Courts of the United States sitting in the City of Atlanta,
and you hereby irrevocably submit and attorn to the original and
exclusive jurisdiction of those Courts in respect of any such dispute.
Any claim or cause of action you may have arising from, in connection
with, or relating to your use of the Site, this Agreement, any
transaction through the Site or any related matters must be commenced in
a court of competent jurisdiction in Atlanta, GA, USA within one year
after the claim or clause of action arises, after which time the claim
or cause of action is forever barred, regardless of any statute or law
to the contrary.
NOTICE TO www.grantparksoftware.com MEMBERS
The Publisher makes certain services available to users of the Site who
register as members (“Members”). A user can become a Member by
logging on and providing a User name and password on the log-in form
available on the Site. The Member must accept these Terms of Service in
order to successfully log-on. A Member will remain a Member until the
Publisher receives notification of the Member’s intention to terminate
the membership. The Member warrants that the Member has provided
complete and accurate information at log-on or on the Member’s
profiles.
ACCOUNT PASSWORDS
www.grantparksoftware.com accounts may be accessed only by use of a unique User ID
and password. The use of a password does not restrict access by
www.grantparksoftware.com and its service providers to the password-protected
materials.
For security reasons, if you are issued a User ID and password you must
keep them confidential and not disclose them to any person or permit any
other person to use them. Also, passwords must be non-obvious,
hard-to-guess, confidential and changed on a regular basis, and
www.grantparksoftware.com Members must log-out at the end of each session.
You are solely responsible for any use and misuse of your ID and
password and for all activities that occur under your User ID and
password or under any album password that you may provide to others so
that they may access materials you have posted or submitted to the
www.grantparksoftware.com System. You must ensure that the use of your account
complies with this Agreement.
You must immediately notify www.grantparksoftware.com of any unauthorized use of
your User ID or password you have provided to other persons, or if you
know or suspect that those passwords have been lost or stolen or become
known to any other person.
All User IDs and passwords remain the property of www.grantparksoftware.com, and
may be cancelled or suspended at any time by www.grantparksoftware.com without any
prior notice or any liability to you or any other person.
www.grantparksoftware.com is not under any obligation to verify the actual
identity or authority of the User of any User ID or password. If
www.grantparksoftware.com, in its sole discretion, considers a password to be
insecure, then www.grantparksoftware.com may cancel the password.
You must respond promptly to all email and other correspondence from
www.grantparksoftware.com including without limitation email and correspondence
concerning complaints or concerns regarding your use of the
www.grantparksoftware.com Site and the use of your account.
The security and privacy provided by passwords is not complete, and can
be circumvented. Your use of passwords is at your own risk.
CHANGES DUE TO ERRORS
www.grantparksoftware.com endeavors to provide current and accurate information on
the Site. Nevertheless, misprints or other errors may occur.
Accordingly, www.grantparksoftware.com reserves the right to change the prices,
fees and charges associated with the Site and the goods and services
available through the Site at any time and from time to time without any
notice or any liability to you or any other person. Also, due to the
popularity of some goods and services, www.grantparksoftware.com cannot guarantee
that goods or services advertised on the Site will be available when
ordered or thereafter. Your use of the Site after such a change has been
made constitutes your acceptance to the change.
TERMINATION OF SERVICES
You may cancel your membership at any time by directing your intentions
to sales@GPS-inc.com. Notice is deemed to have been received by the
Publisher upon receipt by you of www.grantparksoftware.com’s express
acknowledgement of receipt of email transmissions. You agree that your
only remedy with respect to any dissatisfaction with any of the terms
and conditions, policies, practices of the Publisher, Site content
available through membership or otherwise is to cancel your membership.
www.grantparksoftware.com may, in its sole discretion, change, suspend, or
terminate, temporarily or permanently, the Site or any part of it at any
time, for any reason, without any notice to you and without any
liability to you or any other person.
www.grantparksoftware.com or its service providers may at any time and for any
reason, with or without cause, and in their sole discretion,
immediately: (i) suspend or terminate (in whole or in part) your
authorization to use the Site and any www.grantparksoftware.com membership and
account you may have; (ii) suspend or terminate and permanently delete
and destroy any User ID, password, URL, IP address or domain name; (iii)
remove from the Site and permanently delete and destroy any materials
that you or others may have posted or submitted to the Site (and for
purposes of this Agreement, “posted” and “submitted” includes
transmission on or through the Internet and in hardcopy format through
facsimile or post); (iv) restrict access to the materials posted or
submitted to the Site and to any account you may have; and (v) bar you
from any future use of the Site; all without any prior notice or any
liability to you or any other person.
www.grantparksoftware.com and its service providers are not required to assess or
otherwise determine the validity or legitimacy of any complaints or
demands that they may receive regarding any materials that you may use
or allow others to use in connection with the Site (including materials
posted or submitted to the Site) before www.grantparksoftware.com and its service
providers take any remedial action that they consider, in their sole
discretion, to be appropriate.
If this Agreement is terminated by you or by www.grantparksoftware.com for any
reason, then: (a) this Agreement will continue to apply and be binding
upon you in respect of your prior use of the Site; (b) www.grantparksoftware.com
may immediately remove from the Site and permanently delete and destroy
any materials that you or others may have posted or submitted to the
Site without any prior notice or any liability to you or any other
person; and (c) any fees and charges previously paid by you for unused
services will not be refunded.
DISCLAIMER, LIABILITY EXCLUSION, LIABILITY LIMITATION, RELEASE AND
INDEMNITY
www.grantparksoftware.com strives to make your use of the Site a useful and
enjoyable experience. Nevertheless, www.grantparksoftware.com and its service
providers do not accept any liability for your use of the Site. For that
reason, the following provisions apply to your use of the Site:
Disclaimer
Your use of the Site, including any materials, data or information
posted, submitted, downloaded or otherwise obtained through the Site, is
at your own risk. You should keep your own backup copies of all
materials you may use, or allow others to use, in connection with the
Site, including materials posted or submitted to the Site.
You are solely responsible for provisioning, configuring and maintaining
all equipment and software you use or allow others to use in connection
with the Site, including all computers and related equipment and
software.
You are solely responsible for, and bear all risks and liabilities
associated with, all materials you may use or allow others to use in
connection with the Site, including materials posted or submitted to the
Site. You are solely liable and responsible for any and all claims and
demands made by any other person arising out of, in connection with, or
relating to your use of the Site, your breach of this Agreement, your
violation or infringement of the rights of others, or your violation of
any applicable civil or criminal law. You are solely responsible for the
manner in which the materials you may use or allow others to use in
connection with the Site, including materials posted or submitted to the
Site, are used by other www.grantparksoftware.com Members and Site Users.
www.grantparksoftware.com and its service providers disclaim any and all
responsibility and liability regarding all such matters.
The operation of the Site may be affected by numerous factors beyond
www.grantparksoftware.com’s control. The operation of the Site may not be
continuous or uninterrupted or secure. Security and privacy risks cannot
be eliminated. Password protection may not prevent unauthorized access
to materials you may use or allow others to use in connection with the
Site, including materials posted or submitted to the Site.
www.grantparksoftware.com and its service providers are under no obligation to
verify the identity of www.grantparksoftware.com Members or Users of the Site.
www.grantparksoftware.com and its service providers do not control the materials
posted or submitted to the Site and do not monitor, screen, police or
edit those materials for compliance with applicable laws or this
agreement. You may find some of the materials posted by other Users to
be offensive, harmful, inaccurate or deceptive. You should use caution
and common sense when using the Site.
www.grantparksoftware.com and its service providers are not liable to you or any
other person for any loss or damage incurred by you or any other person
arising from or related to any misprints or errors on the Site,
including the unavailability of any product or service you order, any
delay in the availability of products or services , or any changes in
the price of products or services.
The Site is provided on an “as is” and “as available” basis, and
without any representations, warranties or conditions of any kind,
whether express or implied, and including without limitation implied
warranties of merchantability, fitness for a particular purpose,
performance, or durability, all of which are hereby disclaimed by
www.grantparksoftware.com and its service providers to the fullest extent
permitted by law.
Through your use of the Site, you may have the opportunity to engage in
commercial transactions with third parties. All such transactions are at
your own risk www.grantparksoftware.com and its service providers are not parties
to any such transactions and disclaim any and all liability regarding
all such transactions.
Without limiting the generality of the foregoing, www.grantparksoftware.com and
its service providers make no representation, warranty or condition
that:
(a) the Site will meet your requirements or will be compatible with your
computer and related equipment and software; (b) the Site will be
available or will function without interruption or will be free of
errors or that any errors will be corrected; (c) the Site, the
information obtained through the Site, or any results that may be
obtained through the use of the Site or the information will be
accurate, complete, reliable, timely, or authentic; (d) the quality of
any goods, services, information or other materials purchased or
obtained through the Site will meet your expectations; (e) the use of
the Site, including the browsing and downloading of any materials from
the Site, will be free of viruses, trojan horses, worms or other
destructive or disruptive components or bugs; (f) the use of the Site,
including the downloading and reproduction of materials posted or
submitted to the Site, will not infringe the intellectual property or
other rights of any person; (g) password protection for materials you
may use or allow others to use in connection with the Site, including
materials posted or submitted to the Site, will prevent unauthorized
access to those materials; or (h) the materials you may use or allow
others to use in connection with the Site, including materials posted or
submitted to the Site, will not be misused by any other person; and
www.grantparksoftware.com and its service providers disclaim any and all liability
regarding such matters to the fullest extent permitted by law.
Liability Exclusion
www.grantparksoftware.com and its service providers will not under any
circumstances be liable to you or any other person else for any loss of
use, loss of production, loss of income or profits (anticipated or
otherwise), loss of markets, economic loss, special, indirect or
consequential loss or damage or punitive damages, whether in contract,
tort or under any other theory of law or equity, arising from, in
connection with, or relating to the use of the Site by you or any other
person, and regardless of any negligence or other fault or wrongdoing by
www.grantparksoftware.com or its service providers or any other person for whom
any of them is responsible, and notwithstanding that www.grantparksoftware.com or
its service providers may have been advised of the possibility of such
loss or damages being incurred by you or any other person.
Liability Limitation
In no event will www.grantparksoftware.com and its service providers ever be
liable to you or any other person for any claims, proceedings,
liabilities, obligations, damages, losses, and costs, whether in
contract, tort or under any other theory of law or equity, and
regardless of any negligence or other fault or wrongdoing by
www.grantparksoftware.com or its service providers or any person for whom either
www.grantparksoftware.com or its service providers are responsible, in an amount
exceeding (cdn) or the pro-rated amount you paid to www.grantparksoftware.com for
the uses of the Site which are the subject of the claim, whichever is
less.
Release
You hereby release, remise and forever discharge www.grantparksoftware.com and its
service providers and all of their respective agents, directors,
officers, employees, information providers, service providers,
suppliers, licensors and licensees, and all other related, associated,
or connected persons from any and all manner of rights, claims,
complaints, demands, causes of action, proceedings, liabilities,
obligations, legal fees, costs, and disbursements of any nature and kind
whatsoever and howsoever arising, whether known or unknown, which now or
hereafter exist, which arise from, relate to, or are connected with your
use of the Site.
Indemnity
You agree to indemnify, defend and hold www.grantparksoftware.com and its service
providers and all of their respective agents, directors, officers,
employees, information providers, service providers, suppliers,
licensors and licensees, and all other related, associated, or connected
persons (collectively, the “Indemnified Parties”) harmless from and
against any and all liabilities and costs, including without limitation
reasonable legal fees and expenses, incurred by the Indemnified Parties
in connection with any claim or demand arising out of, related to, or
connected with your use of the Site. You will assist and co-operate as
fully as reasonably required by the Indemnified Parties in the defence
of any such claim or demand.
Advice and information provided by www.grantparksoftware.com or its services
providers or their representatives, or through the Site, whether oral or
written, will not create any representation, warranty or condition or
vary or amend this Agreement, including the above disclaimers, liability
exclusions, liability limitations, release and indemnity provisions, and
you may not rely upon any such advice or information.
The exclusion of certain warranties and the limitation of certain
liabilities is prohibited by legislation in some jurisdictions. Such
legislative limitations may apply to you. The disclaimer, liability
exclusion, liability limitation, release, and indemnity provisions in
this Agreement survive the termination of this Agreement.
TRADE-MARK AND COPYRIGHT NOTICE
“www.grantparksoftware.com” is a trade-mark of the Publisher. All other
product names and marks on the Site may be registered and unregistered
trade-marks, service marks, or trade names of their respective owners.
All Material available on the Site is protected by copyright. The
Publisher owns copyright in the selection, coordination, arrangement,
depiction and enhancement of the content on the Site. Any downloading,
re-transmission or other copying, using or modifying trade-marks and/or
content found on the site (the “Content”) except as expressly
provided in this Agreement, is strictly prohibited. In the event that
the Publisher grants you written permission to use the Content, you
shall not make any changes or deletions to the author attributions,
trade-marks or copyright notices. You shall not display the Content in
any format where a third party advertising or other Material is viewed
together with the Content. Nothing found on the Site or elsewhere shall
confer, or be construed to confer, by implication, estoppel or
otherwise, any license or right to use any copyright, trade-marks or
trade names displayed on the Site.
PRIVACY STATEMENT
www.grantparksoftware.com respects the privacy of its Users. The www.grantparksoftware.com
Privacy Statement is available here. www.grantparksoftware.com may change the
Privacy Statement from time to time in its sole discretion. By accepting
this Agreement, and each time you use the Site, you consent to
www.grantparksoftware.com’s collection, use and disclosure of your personal
information in accordance with the Privacy Statement without any further
notice or any liability to you or any other Person.
You consent to www.grantparksoftware.com and its service providers monitoring,
editing, screening and policing your use of the Site and the activity in
your accounts, including postings and submissions of Materials to the
Site, without any further notice or any liability to you or any other
Person. www.grantparksoftware.com and its service providers are not under any
obligation to engage in such monitoring, editing, screening or policing,
but may do so as they consider appropriate in their sole discretion.
GENERAL
These Terms of Service, as amended from time to time by www.grantparksoftware.com,
and any applicable transaction agreements, constitute the entire
Agreement between you and www.grantparksoftware.com relating to your use of the
Site and supercedes all previous agreements, written, oral or otherwise,
between you and www.grantparksoftware.com with respect to your use of the Site. No
waiver, express or implied, by the Publisher will constitute a
continuing waiver of any breach or default or be deemed to be a waiver
of any preceding or subsequent breach or default by you of the terms and
conditions herein. Headings used in and the arrangement of this
Agreement are for the convenience of the reader only and are of no legal
import.
If any provision of these Terms of Service is wholly or partially
unenforceable for any reason, then that provision or part thereof will
be deemed to be severed from the rest of the Agreement without in any
way invalidating or impairing the remaining provisions. You and
www.grantparksoftware.com are independent contractors, and no agency, partnership,
joint venture, employment or franchise relationship is intended or
created by this Agreement or your use of the Site.
The provisions of this Agreement enure to the benefit of and are binding
upon www.grantparksoftware.com and its service providers and their respective
successors and assigns, and you and your heirs, executors,
administrators, successors and personal representatives. You may not
assign this Agreement or your rights and obligations under this
Agreement without the express written consent of www.grantparksoftware.com, which
may be withheld in www.grantparksoftware.com’s sole discretion. www.grantparksoftware.com
and its service providers may assign this Agreement in their respective
rights and obligations under this Agreement without your consent.
The parties to this Agreement have expressly requested and required this
Agreement, and all other related documents, be drawn up in the English
language. Les parties conviennent et exigent expressement que ce Contrat
et tous les documents qui s’y rapportent soient rediges en anglais.
Any rights not expressly granted by this Agreement are reserved to
www.grantparksoftware.com.