Please read carefully.
The following terms and conditions govern all use of the GrapevineTxOnline.com website and all content, services and products available at or through the website. The Website is owned and operated by Grapevine TX Online, LLC (“Grapevine Texas Online” or “Website”). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on this Site by Grapevine TX Online, LLC (collectively, the “Agreement”).
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Grapevine TX Online, LLC, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.
1. Your Account and Site Use. If you create a comment or post on the Website, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the website. You must not describe or assign keywords to your comment or post in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Grapevine TX Online, LLC may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Grapevine TX Online, LLC liability.
2. Responsibility of Contributors. If you comment on the Website, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software.
By submitting Content to Grapevine TX Online, LLC for inclusion on the Website, you grant Grapevine TX Online, LLC a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting the Website.
Without limiting any of those representations or warranties, Grapevine TX Online, LLC has the right (though not the obligation) to, in Grapevine TX Online, LLC’s sole discretion (i) refuse or remove any content that, in Grapevine TX Online, LLC’s reasonable opinion, violates any Grapevine TX Online, LLC’s policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Grapevine TX Online, LLC’s sole discretion. Grapevine TX Online, LLC’s will have no obligation to provide a refund of any amounts previously paid.
3. Responsibility of Website Visitors. Grapevine TX Online, LLC has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, Grapevine TX Online, LLC does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Grapevine TX Online, LLC disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
4. Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which GrapevineTxOnline.com links, and that link to GrapevineTxOnline.com. Grapevine TX Online, LLC does not have any control over those non-Grapevine TX Online, LLC websites and webpages, and is not responsible for their contents or their use. By linking to a non-Grapevine TX Online, LLC website or webpage, Grapevine TX Online, LLC does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Grapevine TX Online, LLC disclaims any responsibility for any harm resulting from your use of non-Grapevine TX Online, LLC websites and webpages.
5. Copyright Infringement and DMCA Policy. As Grapevine TX Online, LLC asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by GrapevineTxOnline.com violates your copyright, you are encouraged to notify Grapevine TX Online, LLC in accordance with the Digital Millennium Copyright Act. Grapevine TX Online, LLC will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Grapevine TX Online, LLC will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Grapevine TX Online, LLC or others. In the case of such termination, Grapevine TX Online, LLC will have no obligation to provide a refund of any amounts previously paid to Grapevine TX Online, LLC.
6. Intellectual Property. This Agreement does not transfer from Grapevine TX Online, LLC to you any Grapevine TX Online, LLC or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Grapevine TX Online, LLC.
7. Changes. Grapevine TX Online, LLC reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Grapevine TX Online, LLC may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
8. Termination. Grapevine TX Online, LLC may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Grapevine TX Online, LLC account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a VIP Services account, such account can only be terminated by Grapevine TX Online, LLC if you materially breach this Agreement and fail to cure such breach within thirty (30) days from Grapevine TX Online, LLC notice to you thereof; provided that, Grapevine TX Online, LLC can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
9. Disclaimer of Warranties. The Website is provided “as is”. Grapevine TX Online, LLC and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Grapevine TX Online, LLC nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
10. Limitation of Liability. In no event will Grapevine TX Online, LLC, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Grapevine TX Online, LLC under this agreement during the twelve (12) month period prior to the cause of action. Grapevine TX Online, LLC shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
12. Indemnification. You agree to indemnify and hold harmlessGrapevine TX Online, LLC, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
13. All materials on this site, as well as email messages, including but not limited to images, illustrations, special surveys, sweepstakes, games and promotions, are protected by copyrights owned and controlled either by Site Owners, affiliate entities or by a third party who has licensed their materials to the Site Owners. Material from this web site may not be copied, downloaded, reproduced, republished, uploaded, posted, transmitted or distributed in any way. Modification of the materials or use of the materials for any purpose other than your own personal, non-commercial, home use is a violation of the copyrights and other property rights held by Site Owners or affiliate companies. The use of any such material on any other web site or networked computer environment is prohibited.
14. Grapevine TX Online, LLC, affiliates, related entities, vendors and content providers are not responsible or liable to any person or entity whatsoever for any direct or indirect loss, damage, injury, claim, liability or other cause of any kind (whether actual, consequential, punitive, special or otherwise), whatsoever based upon or resulting from any information or opinions provided on the Site Owners site or from the use of, or the inability to use, Site Owners materials or services on the site. You specifically agree that Site Owners are not liable for any defamatory, offensive or illegal conduct of any user. If you are dissatisfied with the Site Owners site, any materials on the site or with any of Site Owners Terms of Usage, your sole and exclusive remedy is to discontinue using the Site Owners site.
15. Miscellaneous. This Agreement constitutes the entire agreement between Grapevine TX Online, LLC and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Grapevine TX Online, LLC, or by the posting by Grapevine TX Online, LLC of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of Texas, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in San Francisco County, California. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in San Francisco, California, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Grapevine TX Online, LLC may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.