Last Updated: June 15, 2022
- 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
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 an attempt to engage in any of the above Use Restrictions.
4. USER REPRESENTATIONS AND WARRANTIES
5. INTELLECTUAL PROPERTY
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
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 firstname.lastname@example.org.
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.
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.
13. TERM AND TERMINATION
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.
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.
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.