Website Terms of Use

General

Your access to and use of this site is subject to the following Terms of Use. Please read these Terms of Use carefully before accessing or using the Website, so that you fully understand your rights and responsibilities. BY ACCESSING OR USING THE WEBSITE, YOU SIGNIFY YOUR AGREEMENT WITH THESE TERMS OF USE.

CONTRACTOR reserves the right to change these Terms of Use at any time. If we decide to change the Terms of Use, we will post any changes on this Website. Any such changes shall be effective upon posting on the Website. By accessing the Website following the posting of changes to the Terms of Use, you agree to all such changes.

These Terms of Use are agreed to by and between you and CONTRACTOR. In consideration of your use of and access to this Website, and the promises and obligations in these Terms of Use, and intending to be legally bound, you and CONTRACTOR hereby agree to all of the terms of these Terms of Use.

 

CONTRACTOR INTELLECTUAL PROPERTY RIGHTS

Copyright 2005 Groot Industries, Inc. All rights reserved.

All copyrightable text, audio, video, graphics, charts, photographs and icons, design, selection, and arrangement of content in any medium on this Website is copyrighted by CONTRACTOR, unless otherwise noted. The distinctive and original layout and presentation of this Website also constitutes protectable trade dress under applicable federal law. In addition, many proprietary names and marks belonging to CONTRACTOR or its affiliates appear throughout this Website.. This Website may also contain references to third-party marks, which are the property of their respective owners. If you have any questions regarding a specific mark or any other CONTRACTOR intellectual property, please contact CONTRACTOR as described below. Any unauthorized use of any of CONTRACTOR's marks, or of its copyrighted material or trade dress or any other intellectual property, is strictly prohibited, and will be prosecuted to the fullest extent that the law provides.

 

USE OF THIS WEBSITE

Permission is granted to download this Website's content and to print a single hard copy for the user's use only. You may not otherwise use, copy, modify, distribute, republish or transmit any of the content or materials of this Website without the written permission of CONTRACTOR.

You understand and expressly agree that use of this Website is at your own risk, that any material or data downloaded or otherwise obtained through the use of the Website or by virtue of interaction with other users is at your own discretion and risk, and that you are solely responsible for any damage to your computer system or loss of data that results from the download of such material or data, and for any other form of damage that may be incurred. CONTRACTOR shall not be liable to users for any damage resulting from use of this Website, nor is CONTRACTOR in any way responsible for the conduct of users, or information exchanged on the Website.

You shall not, and shall not allow any third party to, (i) translate, reverse engineer, decompile, disassemble, modify or reproduce any software or other material on or accessible through this Website (collectively the "Software"), in whole or in part, or otherwise attempt to discover the source code, or prepare derivative works based upon the Software; (ii) develop passwords and/or logins other than passwords and logins issued to you by CONTRACTOR, or attempt to determine how the passwords and logins are defined, or otherwise attempt to defeat any passwords or logins; or (iii) distribute, sublicense, rent, lease, assign or otherwise transfer the Software, in whole or in part, to any third party, or use the Software on behalf of any third party, including without limitation for any dial-up, remote access, interactive, Internet-based or other on-line service.

 

NO WARRANTY

This Website is provided by CONTRACTOR on an "as is" basis. CONTRACTOR disclaims all warranties with respect to this Website, and to any information, products or services available on this Website, including without limitation all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. CONTRACTOR also makes no warranty or representation regarding the results that may be obtained from this website, or regarding the accuracy or reliability of any information obtained from the Website, or that its services will meet any user's requirements, be uninterrupted, timely, secure or error free. CONTRACTOR shall have no responsibility for the timeliness, deletion, misdelivery or failure to store any user communications.

No advice or information, whether oral or written, obtained by you from CONTRACTOR or any of its affiliates, or in any other manner through this Website, shall create any warranty.

 

NO LIABILITY

In no event shall CONTRACTOR or any of its affiliates, officers, directors, employees, consultants or agents be liable for any direct, indirect, punitive, special, incidental, or consequential damages or any damages whatsoever, including, without limitation, damages for loss of use, data, information, profits or business interruption, arising out of or in any way related to the use or performance of this Website or any linked website, to any information or products, services or anything else obtained through this Website, or otherwise arising out of the use of this website, or to the inability to use the Website, whether based in tort, contract, negligence, strict liability or otherwise, even if CONTRACTOR has been advised of the possibility of damages. Your sole and exclusive remedy is to discontinue using this Website.

Some states do not allow the exclusion or limitation of incidental or consequential damages, so some of the above limitations or exclusions may not apply to you.

 

CONTRACTOR INDEMNIFIED

You agree to indemnify, defend and hold harmless CONTRACTOR, its affiliates, officers, directors, employees, consultants and agents from any and all losses, expenses, third-party claims, liability, damages and costs (including, but not limited to, attorneys' fees) arising from your use of this Website or the violation of these Terms of Use, including without limitation, your infringement, or infringement by any other users of your account, of any intellectual property or other right or policy of any person or CONTRACTOR.

 

PRIVACY POLICY

Please click on the following link and carefully review the Privacy Policy for this Website: Groot Privacy Policy By your access or use of this Website, you hereby agree to the terms of the Privacy Policy, which are incorporated into these Terms of Use by reference.

 

PURCHASE OF SERVICES

If you intend to purchase any services on or through this Website, you must first agree to CONTRACTOR's Terms and Conditions: Terms and Conditions .

 

OTHER SITES

This Website may contain information or links regarding other entities or other websites. Any third parties and third party sites are not under CONTRACTOR's control. CONTRACTOR does not endorse any third parties or third party sites, and CONTRACTOR disclaims any responsibility or liability for the contents, accuracy, content and policies of all third parties and third party sites.

 

AGREEMENT TO TERMS OF USE

By your access or use of this Website, you hereby agree to these Terms of Use. These Terms of Use constitute the entire agreement between the parties with respect to the subject matter contained in the Terms of Use and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of these Terms of Use will be effective only if in writing and signed by CONTRACTOR. These Terms of Use will inure to the benefit of CONTRACTOR's successors, assigns and licensees.

 

INTERPRETATION AND DISPUTES

These Terms of Use are governed by the laws of the United States and the State of Illinois, without regard to any conflict of laws provisions. Venue shall be proper exclusively in Cook County, Illinois with respect to resolution of any dispute arising under these Terms of Use. In the event of any dispute, the prevailing party shall be entitled to recovery of its reasonable attorneys' fees and costs. If any provision of these Terms of Use is deemed unenforceable or invalid by a court or arbitrator, then the court or arbitrator making such determination shall modify such provision to the minimum extent necessary so as to make it enforceable and valid; but if this cannot be done then the provision shall be severed and the remaining Terms of Use shall be interpreted and read to give them maximum enforceability. Any cause of action or claim made by you or any other Website viewer or user with respect to this Website must be commenced within one year after the claim or cause of action arises.

 

ELECTRONIC COMMUNICATIONS

You acknowledge that these Terms of Use are a valid and binding agreement. To the fullest extent permitted by law, these Terms of Use and any other documentation, agreements, notices or communications between you and CONTRACTOR may be provided to you to the e-mail address you provide to CONTRACTOR. You agree to receive all such documentation, agreements, notices or communications in electronic form. Please print a copy of all such documentation, agreements, notices or communications for your reference.

 

CONTACTING US

If you have any other questions or concerns regarding these Terms of Use, please contact us at 1-800-244-1977.


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