ACCEPTANCE OF TERMS
These Website Terms and Conditions of Use, collectively with any other documents referenced herein (collectively, the “Terms”) govern your access and use of the website(s) operated by [Groundworks, LLC, and all of its affiliates and subsidiaries] (collectively, “Groundworks”, the “Company”, “we”, “us”, or “our”), including the website located at www.groundworkscompanies.com and any website or social media page operated by the Company that links to these Terms (collectively, the “Sites”). These Terms set forth the terms and conditions under which you may access and use the Sites and any services provided by the Company that are made available on the Sites (the “Services”).
Changes to These Terms
We reserve the right to amend these Terms from time to time without notice. Your continued use of the Sites or Services constitutes acceptance of any amendments, additions, or modifications to these Terms. Therefore, please review these Terms each time you access or use the Sites or the Services. Any changes to the dispute resolution provisions set forth below in the “Governing Law” section will not apply to any disputes for which the parties have actual notice on or prior to the date the change is posted.
Accessing the Sites
We reserve the right to withdraw or amend any Site, and any Service, in our sole discretion without notice. We will not be liable if, for any reason, all or any part of any Site or Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Sites or Services, or all of the Sites or Services, to users.
You are responsible for:
- Making all arrangements necessary for you to have access to the Sites or Services.
- Ensuring that all persons who access the Sites or Services through your internet connection are aware of these Terms and comply with them.
Where we have given you (or where you have chosen) a password for access to certain parts of the Sites or Services, it is your obligations to keep this password confidential and not disclose it to any other person or entity. You acknowledge and agree that your account is personal to you and agree not to provide any other person with access to the Sites or Services, or portions of them, using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any reason, including if, in our opinion, you have violated any provision of these Terms.
Intellectual Property Rights
The Sites, Services and all of our content, features, and functionality (including, but not limited to, all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof) and any material we post on the Social Media Pages, are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These Terms permit you to use the Sites and Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on the Sites or Services.
In addition, you shall not modify copies of any materials from the Sites or Services nor delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Sites or Services.
If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Sites or Services in breach of these Terms, your right to use the Sites and Services will cease immediately, and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Sites or Services, or any content on the Sites or Services, is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Sites or Services not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark and other laws.
The Groundworks name, the names of its affiliates, subsidiaries, and their respective logos, product and service names, designs and slogans are trademarks and/or service marks of the Company or its affiliates. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on the Sites or Services are trademarks and/or service marks of the Company or their respective owners. Nothing on the Sites or Services shall be deemed to confer on any person any license or right on the part of the Company or any third party with respect to any such trademarks or service marks.
You may use the Sites and Services only for lawful purposes and in accordance with these Terms. You agree not to use the Sites or Services:
- in any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the U.S. or other countries).
- for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
- to send, knowingly receive, upload, download, use or re-use any material which does not comply with the “Content Standards” section set forth below in these Terms.
- to transmit or procure the sending of any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter,” “spam,” or any other similar solicitation.
- to impersonate or attempt to impersonate the Company, a Company employee, another user of the Sites or Services, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
- attempt to gain an unauthorized access to any portion of the Site or Services.
- to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Sites or Services, or which, as determined by us, may harm the Company or users of the Sites or Services or expose them to liability.
- to remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Sites or Services, features that prevent or restrict the use or copying of content, or features that enforce limitations on the use of the Sites or Services.
- otherwise attempt to interfere with the proper working of the Sites or Services.
- use the Sites or Services in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Sites or Services, including their ability to engage in real time activities through the Sites.
- use any robot, spider, or other automatic device, process or means to access the Sites or Services for any purpose, including monitoring, screen-scraping, or copying any of our material on the Sites or Services.
- use any manual process to monitor or copy any of our material on the Sites or Services or for any other unauthorized purpose without our prior written consent.
- use any device, software, or routine that interferes with the proper working of the Sites or Services.
- introduce any viruses, Trojan horses, worms, logic bombs, or any other material that is malicious or technologically harmful to the Sites or Services.
- attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Sites or Services, the server on which the Sites or Services are stored, or any server, computer, or database connected to the Sites or Services.
- attack the Sites or Services via a denial-of-service attack or a distributed denial-of-service attack or other similar mechanism.
- use the Sites or Services in any way that could interfere with the rights of the Company or the rights of other users of the Sites or Services.
Children Under the Age of Eighteen (18)
Certain portions of the Sites may contain message boards, chat rooms, personal web pages, profiles, forums, requests for information, or bulletin boards and other interactive features (collectively, “Interactive Services”) that allow you and other users to publish or display comments, content or materials on public areas (hereinafter, “Post”) of the Sites or to transmit comments, content or material to other users of the Sites and/or you may provide comments, content or materials to us or our affiliates through other means, such as electronic communications. All comments, content and materials you Post or transmit on or through the Sites and/or that you provide to us or our affiliates through other means, such as electronic communications, are collectively referred to herein as “User Contributions”.
All User Contributions must comply with the “Content Standards” section set forth below in these Terms.
Any User Contribution will be considered non-confidential and non-proprietary. By providing any User Contribution, you grant us, our affiliates, and our service providers, and each of their and our respective licensees, successors, and assigns, the right throughout the universe to use, reproduce, modify, perform, prepare derivative works based upon, display, distribute, publish, and otherwise disclose to third parties any such material, in whole or in part, for any purpose in any medium, known or unknown, without consent or attribution.
You represent and warrant that:
- You have all necessary rights and authority to provide the User Contributions and have the right to grant the license granted above to us, our affiliates, and service providers, and each of their and our respective licensees, successors, and assigns.
- The User Contributions will not infringe, violate or misappropriate the intellectual property or proprietary rights of any third party.
- All of your User Contributions do and will comply with these Terms.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you have sole and full responsibility for such User Contributions, including the legality, reliability, accuracy, and appropriateness thereof.
We are not responsible, or liable to you or any third party, for any User Contributions or the content or the accuracy thereof.
Posts to Third-Party Sites
From time to time, we may post, publish or include on the Sites certain information or content related to the Services that you post, upload, or otherwise provide to websites operated by third parties, including reviews, opinions, ratings, and quotations. You acknowledge and agree that all such information and content shall be deemed “User Contributions”, and that Groundworks shall have the right to use all such information and content in accordance with the preceding section.
Monitoring and Enforcement; Termination
We have the right to:
- Remove or refuse to Post any User Contributions for any or no reason in our sole discretion.
- Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates these Terms, including the Content Standards section below, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Sites or Services or the public, or could create liability for the Company.
- Disclose your identity or other information about you to any third party who claims that material Posted by you violates their rights, including their intellectual property rights or their right to privacy.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Sites or Services.
- Terminate or suspend your access to all or any part of any of the Sites or Services for any or no reason, including without limitation, any violation of these Terms.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone providing User Contributions. YOU WAIVE ALL LIABILITY AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY OR ANY OF THE FOREGOING PARTIES DURING OR AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY, ANY OF THE FOREGOING PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we cannot undertake to review User Contributions before it is Posted and cannot ensure prompt removal of objectionable material after it has been Posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or User Contributions provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:
- Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
- Be likely to deceive any person.
- Promote any illegal activity, or advocate, promote, or assist any unlawful act.
- Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
- Impersonate any person or misrepresent your identity or affiliation with any person or organization.
- Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
- Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
Reliance on Information Posted
THE INFORMATION PRESENTED ON OR THROUGH THE SITES AND SERVICES IS MADE AVAILABLE SOLELY FOR GENERAL INFORMATION PURPOSES. WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THIS INFORMATION. ANY RELIANCE YOU PLACE ON SUCH INFORMATION IS STRICTLY AT YOUR OWN RISK. WE DISCLAIM ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED ON SUCH MATERIALS BY YOU OR ANY OTHER VISITOR TO THE SITES OR SERVICES, OR BY ANYONE WHO MAY BE INFORMED OF ANY OF ITS CONTENTS.
THE SITES MAY INCLUDE CONTENT PROVIDED BY THIRD PARTIES, INCLUDING MATERIALS PROVIDED BY OTHER USERS, BLOGGERS, AND THIRD-PARTY LICENSORS, SYNDICATORS, AGGREGATORS, AND/OR REPORTING SERVICES. ALL STATEMENTS AND/OR OPINIONS EXPRESSED IN THESE MATERIALS, AND ALL ARTICLES AND RESPONSES TO QUESTIONS AND OTHER CONTENT, OTHER THAN THE CONTENT PROVIDED BY THE COMPANY, ARE SOLELY THE OPINIONS AND THE RESPONSIBILITY OF THE PERSON OR ENTITY PROVIDING THOSE MATERIALS. THESE MATERIALS DO NOT NECESSARILY REFLECT THE OPINION OF THE COMPANY. WE ARE NOT RESPONSIBLE, OR LIABLE TO YOU OR ANY THIRD PARTY, FOR THE CONTENT OR ACCURACY OF ANY MATERIALS PROVIDED BY ANY THIRD PARTIES.
Changes to the Sites
We may update the content on the Sites or Services from time to time, but the content is not necessarily complete or up-to-date. Any of the material on the Sites or Services may be out of date at any given time, and we are under no obligation to update such material.
Information About You and Your Use of the Sites and Services
Online Purchases and Other Terms and Conditions
Additional terms and conditions may apply to specific portions, services, or features of the Sites or Services; to purchases made through the Websites or Services; or to other transactions made for the sale of goods or services as a result of visits made to the Sites or Services. All such additional terms and conditions are hereby incorporated by this reference into these Terms.
Text Messaging and Alerts – Opting In and Out
By providing your mobile telephone number to us, you expressly consent (opt-in) to receiving marketing and informational texts and calls to your mobile phone, including without limitation auto-dialed or pre-recorded messages, by us or others on our behalf. Such messages may include responses to your requests for information on the Services, appointment and account status and reminders, alerts, fraud prevention or investigation efforts, and/or information about promotions, new products and events. We also may provide you with other opportunities to opt-in to receiving such text messages on the mobile phone number(s) you have shared with us. You do not have to opt-in to text messages and alerts to use the Services, to receive a quote or to make purchases. For more information regarding our text messaging and alerts, please contact us at the email address set forth in the “Your Comments and Concerns” section below.
Linking to the Sites and Social Media Features
You may link to the homepage of the Websites, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.
The Sites may provide certain social media features that enable you to:
- Link from your own or certain third-party websites to certain content on the Sites.
- Send e-mails or other communications with certain content, or links to certain content, on the Sites.
- Cause limited portions of content on the Sites to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us and solely with respect to the content they are displayed with. Subject to the foregoing, you must not:
- Establish a link from any website that is not owned by you.
- Cause the Sites or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
- Link to any part of the Websites other than the homepage.
- Otherwise take any action with respect to the materials on the Websites that is inconsistent with any other provision of these Terms.
The websites from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards section set forth in these Terms.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
Links from the Sites
If the Sites contain links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources or the contents provided by the website operators of the Social Media Pages, and we accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access the Social Media Pages or any of the third party websites linked to the Sites, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
The Company is based and operates in the United States. Except as otherwise set forth herein, we provide the Sites for use only by persons located in the United States. We make no claims that the Sites or any of the content is accessible or appropriate outside of the United States. Access to the Sites may not be legal by certain persons or in certain countries. If you access the Sites from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Disclaimer of Warranties and other Disclaimers
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Sites or Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Sites and Services for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THEM, OR ON ANY WEBSITES LINKED TO THEM.
YOUR USE OF THE SITES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES IS AT YOUR OWN RISK. THE SITES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITES. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SITES, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT THE SITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, LICENSORS, OR SERVICE PROVIDERS, OR EACH OF THEIR AND OUR RESPECTIVE EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS, BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITES, ANY WEBSITES LINKED TO THEM, ANY CONTENT ON THE SITES OR SUCH OTHER WEBSITES, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE COMPANY, ITS AFFILIATES, LICENSORS, AND SERVICE PROVIDERS, AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, SUPPLIERS, SUCCESSORS, AND ASSIGNS FROM AND AGAINST ANY CLAIMS, LIABILITIES, DAMAGES, JUDGMENTS, AWARDS, LOSSES, COSTS, EXPENSES OR FEES (INCLUDING REASONABLE ATTORNEYS’ FEES) ARISING OUT OF OR RELATING TO YOUR VIOLATION OF THESE TERMS; YOUR USE OF THE SITES AND SERVICES, INCLUDING, BUT NOT LIMITED TO, YOUR USER CONTRIBUTIONS; ANY USE OF ANY MATERIAL WE POST ON THE SOCIAL MEDIA PAGES OR THE WEBSITES’ CONTENT, SERVICES AND PRODUCTS OTHER THAN AS EXPRESSLY AUTHORIZED IN THESE TERMS; OR YOUR USE OF ANY INFORMATION OBTAINED FROM THE WEBSITES.
All matters relating to the Sites, Services and these Terms and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of North Carolina without giving effect to any choice or conflict of law provision or rule (whether of the state of North Carolina or any other jurisdiction). Except where prohibited by law, you agree and consent to the exclusive jurisdiction of the state or federal courts located in Mecklenburg County, North Carolina and waive any defense of lack of personal jurisdiction or improper venue or inconvenient forum.
Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SITES OR SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Waiver and Severability
No waiver by the Company of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
These Terms are severable. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms will continue in full force and effect to the maximum extent permitted by law.
You acknowledge and agree that you may not transfer or assign any of the rights granted to you under these Terms or any of your obligations pursuant hereto.
Your Comments and Concerns
Any claims by you or any third party relating to the Site or to your use of the Site or Services shall be directed to the Company. Questions, complaints, or claims related to the Site or Services shall be submitted by email to: [email protected].
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