Grrrow.me Terms of Use
Last Updated: June 15, 2022
Welcome to the Grrrow Terms of Use Agreement (“Terms of Use” or “Agreement”). The terms “we,” “us,” and “our” refer to the Grrrow. “You” refers to you, as a user of our Service.
The following Terms of Use apply to your use of any products, websites or services offered by Grrrow (collectively, the “Services”), including all software provided as a part of our services (the “Software”), whether through the web or a mobile application, or in any other manner.
Please review the following terms carefully. By accessing or using the Service, you signify your agreement to these Terms of Use and Grrrow Privacy Policy. If you do not agree to be bound by these Terms of Use in their entirety, you may not access or use the Service.
Grrrow respects the privacy of its Service users. Please refer to Grrrow Privacy Policy (found here: https://grrrow.me/privacy-policy) which explains how we collect, use, and disclose information that pertains to your privacy. When you access or use the Service, you signify your agreement to the Privacy Policy as well as these Terms of Use.
IMPORTANT NOTICE REGARDING ARBITRATION: WHEN YOU AGREE TO THESE TERMS OF USE YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND GRRROW THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY SECTION 14 BELOW FOR DETAILS REGARDING ARBITRATION.
1. LICENSE
A. LIMITED LICENSE. Subject to the terms of this Terms of Use, Grrrow grants to you a limited, revocable, non-exclusive, non-assignable, non-sublicensable, and non-transferable license, to access, display, and use the Services for: in the case of Services that we designate for corporate, commercial, or business use, by you for internal business purposes only and not for resale; in the case of all other Services, by a natural person for personal, noncommercial purposes use only.
B. LICENSE RESTRICTIONS. Unless otherwise indicated, the license granted to you under this Terms of Use is limited to a single authorized account to access, display, and use the Services on a single authorized device. You may not resell or distribute the Services, in whole or in part, by any means. No license is granted to you in the human readable code or source code of the Services. You may not make any modifications to, or unauthorized copies of, the Services. You may not edit, alter, abridge or otherwise change in any manner the content of the Services, including, without limitation, all copyright and proprietary rights notices. You may not, and may not permit others to:
- reverse engineer, decompile, decode, decrypt, disassemble, or in any way derive source code from, the Services;
- modify, translate, adapt, alter, or create derivative works from the Services;
- copy (other than one back-up copy), distribute, publicly display, transmit, sell, rent, lease or otherwise exploit the Services; or
- distribute, sublicense, rent, lease, loan, or grant access to or use of, the Services to any third party.
- These License Restrictions are in addition to the Use Restrictions contained in Section 3.
C. UPDATES. You acknowledge and agree that Grrrow may from time to time, in Grrrow’s sole discretion, cause the Services to download and install updates, which may take the form bug fixes, patches, additional features, or new versions of the Services. You will allow the Services to download and install such updates. If you fail to allow the Services to download and install such updates, the Services may not function as intended and/or not function at all. We may choose, in our sole discretion, to not provide support for a Service until all updates have been downloaded and installed. You agree that Grrrow has no obligation to make any updates available to you.
2. RULES FOR USER CONDUCT AND USE OF THE SERVICE
BY ACTIVATING, USING, AND/OR ACCESSING THE SERVICES, YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST 18 YEARS OF AGE, OR THE AGE OF LEGAL MAJORITY IN YOUR JURISDICTION (IF DIFFERENT THAN 18), AND YOU HAVE THE RIGHT AND AUTHORITY TO ENTER INTO LEGALLY-BINDING AGREEMENTS ON YOUR OWN BEHALF, AND YOU ACCEPT AND AGREE TO BE LEGALLY BOUND BY THIS TERMS OF USE.
If you are a user who signs up for the Service, you will create a personalized account which includes a unique username and a password to access the Service and to receive messages from Grrrow. You agree to notify us immediately of any unauthorized use of your password and/or account. Grrrow will not be responsible for any liabilities, losses, or damages arising out of the unauthorized use of your member name, password and/or account.
3. USE RESTRICTIONS
You may not use the Services to engage in any activity that, in our sole discretion:
- Violates or facilitates the violation of any applicable law;
- Violates or facilitates the violation of any applicable industry standards, including, without limitation, the guidelines published by the CTIA, the Mobile Marketing Association, or any other accepted industry associations;
- Violates or facilitates the violation of any agreement between you and a third party, or otherwise constitutes a breach of a third party’s rights;
- Enables or permits others to use the Services using your Grrrow account information;
- Constitutes unsolicited advertising, marketing, or other similar activities, including, without limitation, unsolicited or unwanted telephone calls, SMS/text messages, emails, voicemails, or faxes, or any other activity that may violate applicable anti-spam laws including, without limitation, the CAN SPAM Act of 2003, the Telephone Consumer Protection Act, and the Do-Not-Call Implementation Act;
- Constitutes harassing, abusive, uncivil, indecent, sexually explicit, pornographic, defamatory, libelous, vulgar, vicious, malicious, or otherwise inappropriate activity;
- Constitutes harvesting, screen-scraping, database-scraping, or otherwise collecting information, including, without limitation, email addresses and telephone numbers, about others;
- Constitutes using the Services on any device that you do not own or control (or for which you do not have authorization to install or run the Services, such as where prohibited by applicable security policies in the case of corporate users), and you may not distribute or make the Services available over a network where it could be used by multiple devices at the same time;
- Constitutes “hacking,” distribution of viruses and/or malware, phishing, accessing a Grrrow account of another user, fraud, identity theft, or any other activity aimed at unlawful commercial or personal gain, including, without limitation, creating a false identity or forged email address, phone number, or otherwise attempting to mislead others as to the identity of the sender or the origin of a message or telephone call;
- Infringes any right of privacy, right of publicity, copyright, trademark, patent, trade secret, or any other intellectual property or proprietary rights, including, without limitation, downloading, uploading, or otherwise transmitting copyrighted material without the rightful owner appropriate consent or otherwise in violation of applicable intellectual property law or agreement (see our DMCA Policy);
- Disrupts, overburdens, destroys, or otherwise interferes with access, functionality, or use of any of the Services;
- Constitutes downloading, uploading, or otherwise transmitting any material that is libelous, defamatory, discriminatory or otherwise malicious or harmful to any person or entity;
- Constitutes scanning for open proxies or open relays, port scanning, pop-up launching, and/or co-branding, framing or linking any Grrrow website or applications;
- Constitutes accessing and/or using the Services from any country under sanctions by the United States Office of Foreign Assets Control, or exporting or re-exporting the Services in violation of applicable export control laws;
- Constitutes any breach of this Terms of Use; and/or
- Constitutes an attempt to engage in any of the above Use Restrictions.
Please report any violation or perceived violation of the above Use Restrictions to support@grrrow.me. Nothing in this Terms of Use obligates Grrrow to monitor for or to pursue violations of the above Use Restrictions, but we may do so in our sole discretion.
4. USER REPRESENTATIONS AND WARRANTIES
You represent and warrant to us that: (a) you have all necessary licenses and permissions to register for and use the Services, and have the right, power, and ability to enter into and perform under this Terms of Use; (b) have all the rights to grant any licenses under this Terms of Use; (c) your access to and/or use of the Services will comply with all applicable laws; and (d) you, or the entity on behalf of which you are using the Services, are not a “restricted person,” “denied person,” or “specially designated national” under applicable United States law; (e) any and all information that you submit to Grrrow is, and shall remain, true, accurate, and correct. If you are agreeing to this Terms of Use on behalf of an organization or entity, you represent and warrant that you have the right, power, and ability to agree to the Terms of Use on that organization or entity’s behalf and bind organization or entity to this Terms of Use.
5. INTELLECTUAL PROPERTY
You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights of any kind related to the Service, including applicable copyrights, trademarks and other proprietary rights. Other product and company names that are mentioned on the Service may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you under these Terms of Use.
6. EMAIL MAY NOT BE USED TO PROVIDE NOTICE
Communications made through the Service’s email and messaging system will not constitute legal notice to the Service, or any of its officers, employees, agents or representatives in any situation where legal notice is required by contract or any law or regulation.
7. USER CONSENT TO RECEIVE COMMUNICATIONS IN ELECTRONIC FORM
For contractual purposes, you: (a) consent to receive communications from us in an electronic form via the email address you have submitted; and (b) agree that all Terms of Use, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.
We may also use your email address to send you other messages, including information about the Service and special offers. You may opt out of such email by changing your account settings, using the “Unsubscribe” link in the message, or by sending an email to support@grrrow.me.
Opting out may prevent you from receiving messages regarding the Service or special offers.
8. WARRANTY DISCLAIMER
THE SERVICES ARE PROVIDED ON AN “AS IS”, “WHERE AVAILABLE”, AND “AS AVAILABLE” BASIS. USE OF THE SERVICES IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GRRROW OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, GRRROW, ITS PROCESSORS, ITS SERVICE PROVIDERS, ITS LICENSORS (AND THEIR RESPECTIVE SUBSIDIARIES, AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES) DO NOT WARRANT: THAT THE CONTENT OF THE SERVICES IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD. GRRROW DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR THIRD-PARTY LINKS, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND GRRROW WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. IN ORDER FOR OUR SERVICES TO OPERATE FOR YOU, YOU MUST HAVE AT ALL TIMES AN ACTIVE AND STABLE CONNECTION TO THE INTERNET.
9. LIMITATION OF DAMAGES; RELEASE
LIMITATION OF LIABILITY AND DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL GRRROW, ITS PROCESSORS, SUPPLIERS OR ITS LICENSORS (OR THEIR RESPECTIVE AFFILIATES, AGENTS, DIRECTORS AND EMPLOYEES) BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, INABILITY TO USE, OR UNAVAILABILITY OF THE SERVICES. UNDER NO CIRCUMSTANCES WILL GRRROW BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GRRROW AND ITS PROCESSORS (AND THEIR RESPECTIVE AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES) ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (a) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (b) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICES; (c) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (d) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; (e) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY; (f) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT SHARING THROUGH THE SERVICES; AND/OR (g) USER CONTENT OR DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL GRRROW, ITS PROCESSORS, AGENTS, SUPPLIERS, OR LICENSORS (OR THEIR RESPECTIVE AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES) BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT OF FEES EARNED BY GRRROW IN CONNECTION WITH YOUR USE OF THE SERVICES DURING THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM FOR LIABILITY. THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF GRRROW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
10. MODIFICATION OF TERMS OF USE
We can amend these Terms of Use at any time and will update these Terms of Use in the event of any such amendments. It is your sole responsibility to check the Site from time to time to view any such changes in this Terms of Use. Your continued use of the Service signifies your agreement to our revisions to these Terms of Use. We will endeavor to notify you of material changes to the Terms by posting a notice on our homepage and/or sending an email to the email address you provided to us upon registration. For this additional reason, you should keep your contact and profile information current. Any changes to these Terms (other than as set forth in this paragraph) or waiver of our rights hereunder shall not be valid or effective except in a written agreement bearing the physical signature of one of our officers. No purported waiver or modification of this Terms of Use on our part via telephonic or email communications shall be valid.
11. FEES AND REFUND POLICY
You shall pay all fees charged by Grrrow for each of the Services (“Fees”) in effect at the time in accordance with the relevant pricing plan (“Pricing Plan”). You may review our current Pricing Plan by viewing the Addenda for the relevant Services or the page of our website containing the most current Pricing Plan for the relevant Services. We generally charge Fees on a pre-paid subscription basis, but we may, in our sole discretion, change our Fees and/or Fee structure at any time by updating the Pricing Plans. We may take steps to collect the Fees from you. You will pay our reasonable out-of-pocket collection costs and expenses, including, without limitation, attorney’s fees.
You will pay the applicable Fee via a third-party payment processors’ method of payment. We currently use the following methods of payment: for iOS devices – Apple iTunes In-App Purchase; for macOS devices – Apple Mac Store, Amazon, or PayPal; and for Windows devices – Amazon, PayPal, Stripe, or Paymentwall.
If we have noticed that any Fee payment is not processed for any reason, we will notify you via email address that we have on file for you; your access to the applicable Services will be suspended until we receive payment of the applicable Fees.
You can claim your refund from third-party payment processors as follows:
- Apple In-App Purchase refunds can be claimed at (https://expresslane.apple.com) or a successor website;
- Google Play Store In-App Purchase refunds can be claimed at (https://support.google.com/googleplay/contact/play_request_refund_apps) or a successor website;
- Amazon purchase refunds can be claimed at (http://www.amazon.com/gp/css/returns/homepage) or a successor website;
- Microsoft Store In-App Purchase refunds can be claimed at (https://account.microsoft.com) or a successor website.
12. INDEMNIFICATION
You will indemnify, defend, and hold Grrrow (and our respective employees, directors, agents, affiliates and representatives) harmless from and against any and all direct or indirect claims, costs, losses, damages, judgments, tax assessments, penalties, interest, and expenses (including without limitation reasonable attorneys’ fees) resulting from any claim, action, audit, investigation, inquiry, or other proceeding instituted by a person or entity that arises out of or relates to: (a) any actual or alleged breach of your representations, warranties, and/or obligations set forth in this Terms of Use; (b) your use of the Services; (c) your violation of any third-party right, including, without limitation, any right of privacy, publicity rights, or intellectual property rights; or (d) your violation of any applicable law.
13. TERM AND TERMINATION
A. TERM. This Terms of Use shall be effective from the date you accept and are legally bound by this Terms of Use and shall continue in effect until any termination or expiration in accordance with this Terms of Use.
B. TERMINATION. Except as otherwise provided in this Terms of Use, we may terminate this Terms of Use and block, restrict, suspend, or revoke your access to and/or use of the Services, for any reason or no reason, at any time, without notice to you. We may also terminate this Terms of Use and block, restrict, suspend, or revoke your access to and/or use of the Services if you: (i) breach this Terms of Use; (ii) pose an unacceptable fraud risk to us; (iii) provide any false, incomplete, inaccurate, or misleading information to us; or (iv) otherwise engage in fraudulent, illegal, or improper conduct. We will not be liable to you for compensation, reimbursement, or damages of any kind in connection with any termination or suspension of your access to and/or use of the Services and/or this Terms of Use. We are not obligated to continue providing access to any Service beyond the date when Grrrow ceases providing such Service to users generally. If this Terms of Use is terminated or expires for any reason, you agree, except as required otherwise by applicable law: (i) to immediately stop accessing and/or using the Services; (ii) that the license provided under this Terms of Use shall end; (iii) that we reserve the right (but have no obligation) to delete all of your Content stored on our servers; and (iv) that Grrrow shall not be liable to you or any third party for termination of your access to and/or your use of the Services and/or deletion of your Content.
You may terminate this Terms of Use by notifying Grrrow by emailing us support@grrrow.me or by deleting your account. Except as otherwise provided in this Terms of Use, pre-paid Fees are not refundable upon any termination or expiration of this Terms of Use.
14. MANDATORY BINDING ARBITRATION
YOU AGREE THAT ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING NOW OR IN THE FUTURE UNDER OR RELATING IN ANY WAY TO THIS AGREEMENT, OR TO THE SERVICES (“CLAIMS”) SHALL BE RESOLVED BY BINDING MANDATORY ARBITRATION. CLAIMS SUBJECT TO ARBITRATION INCLUDE CLAIMS THAT ARE MADE AS COUNTERCLAIMS, CROSS CLAIMS, THIRD PARTY CLAIMS, INTERPLEADERS, OR OTHERWISE. ARBITRATION REPLACES THE RIGHT TO GO TO COURT, AND YOU THEREFORE AGREE TO WAIVE ANY RIGHT THAT YOU OR GRRROW MIGHT OTHERWISE HAVE HAD TO A JURY TRIAL OR THE OPPORTUNITY TO LITIGATE ANY CLAIMS IN COURT BEFORE EITHER A JUDGE OR JURY. YOU FURTHER AGREE THAT YOU WILL NOT BE ABLE TO BRING A CLASS ACTION OR OTHER REPRESENTATIVE ACTION (SUCH AS AN ACTION IN THE FORM OF A PRIVATE ATTORNEY GENERAL) TO LITIGATE ANY CLAIMS IN COURT BEFORE EITHER A JUDGE OR JURY; NOR WILL YOU BE ABLE TO PARTICIPATE AS A CLASS MEMBER IN A CLASS ACTION OR OTHER REPRESENTATIVE ACTION IN ARBITRATION OR IN COURT BEFORE EITHER A JUDGE OR JURY. IF THE PRECEDING SENTENCE IS NOT ENFORCED FOR ANY REASON, THEN YOU AGREE THAT IN SUCH CASE ANY CLASS DISPUTE WILL NOT BE RESOLVED THROUGH ARBITRATION.
This binding mandatory arbitration provision applies to all Claims that you have against Grrrow, our parent, subsidiaries, affiliates, licensees, predecessors, successors, assigns, and against their respective employees, agents, or assigns, or that we have against you. This binding arbitration also applies to all Claims regarding the applicability of this arbitration provision or the validity of the Agreement, in whole or in part. This Agreement and arbitration provision is made pursuant to a transaction involving interstate commerce and shall be governed by the United States Federal Arbitration Act, 9 U.S.C. §§ 1-16, as it may be amended.
The party filing a Claim in arbitration must file its Claim before JAMS or the American Arbitration Association under the rules of such arbitration administrator in effect at the time the Claim is filed. Arbitration hearings shall be held at a place within Wilmington, Delaware, and each Party hereby consents to personal jurisdiction in the foregoing forums. Judgment upon any arbitration award may be entered in any court having jurisdiction.
This binding mandatory arbitration provision shall survive: (i) termination or changes in the Agreement, and the relationship between you and us concerning the Agreement; and (ii) the bankruptcy of any party or any similar proceeding initiated by you or on your behalf. If any portion of this binding mandatory arbitration provision is deemed invalid or unenforceable, the remaining portions shall nevertheless remain in force.
The parties acknowledge and agree that a breach of a party’s obligations with respect to the non-breaching party’s intellectual property or other proprietary rights could cause irreparable harm to the non-breaching party for which the non-breaching party would have no adequate remedy at law. Therefore, the parties agree that, notwithstanding the agreement of the parties to arbitrate Claims as set forth above, the non-breaching party may apply to a court of competent jurisdiction to seek to enjoin preliminarily or permanently any breach or threatened breach of the non-breaching party’s intellectual property or other proprietary rights.
15. MISCELLANEOUS
A. If any part of this Terms of Use Agreement is held or found to be invalid or unenforceable, that portion of the agreement will be construed as to be consistent with applicable law while the remaining portions of the agreement will remain in full force and effect. Any failure on our part to enforce any provision of this Terms of Use will not be considered a waiver of our right to enforce such provision. Our rights under this Terms of Use survive any transfer or termination of this Terms of Use.
B. You agree that any cause of action related to or arising out of your relationship with Grrrow must commence within ONE year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
C. These Terms of Use and your use of the Service are governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of Delaware, without regard to its conflict of laws provisions. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sales of Goods, the application of which is expressly excluded.
D. We may assign or delegate these Terms of Service and/or our Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Policy without our prior written consent, and any unauthorized assignment or delegation by you is void.
E. The Agreement does not limit any rights or remedies that Grrrow may have under trade secret, copyright, patent, or any other laws.
F. A party’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. Any waiver under this Agreement shall be in writing signed by an authorized representative of the waiving party. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term
G. Both parties acknowledge and agree that the parties are independent contractors and are not agents or representatives of each other. This Agreement is not creating, and does not intend to create, a joint venture, partnership, or franchise relationship between the parties.
H. Nothing in this Agreement confers, or is intended to confer, upon any person other than the parties (and Grrrow’s affiliates), any right, benefit, or remedy of any nature whatsoever under or by reason of this Agreement. No person other than the parties (and Grrrow’s affiliates) may bring a claim pursuant to this Agreement.
I. Except for any payment obligations, neither party will be liable for any failure or delay in performance, due in whole or in part, to utility failures (including power), failure of the internet, failure of telecommunications or information technology services, failure of telecommunications or information technology equipment, strikes or other labor disturbances (including, without limitation, a strike or other labor disturbance affecting a party), acts of war or terror, denial of service attacks or other information technology attacks or breaches affecting a party, floods, sabotage, fire, other natural disasters or Acts of God, or any other cause beyond a party’s reasonable control.
J. Upon any termination or expiration of this Agreement, a party’s indemnification obligations, warranty disclaimers, or limitations of liabilities, arbitration, and miscellaneous provisions stated in this Agreement will survive such termination or expiration.
YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE, UNDERSTAND THE TERMS OF USE, AND WILL BE BOUND BY THESE TERMS AND CONDITIONS. YOU FURTHER ACKNOWLEDGE THAT THESE TERMS OF USE TOGETHER WITH THE PRIVACY POLICY AT https://grrrow.me/privacy-policy. REPRESENT THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS TERMS OF USE.