Last Revised: November 24, 2013
PLEASE READ THESE TERMS OF USE CAREFULLY, AS THEY
CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS
AND REMEDIES.
1. OVERVIEW
Welcome to this website (this “Site”),
which is owned and operated by GROVEUS, an individual
(“GROVEUS”).
These Terms of Use (these “Terms of Use”)
set forth the terms and conditions of your use of this
Site and the products and services (individually and
collectively, the “Services”)
found at this Site.
Whether you are simply browsing this Site or are a
GROVEUS customer, your use of this Site signifies that you
have read, understand, acknowledge and agree to be bound
by these Terms of Use, along with the following policies
and agreements, which are incorporated herein by
reference:
The terms “we”, “us” or
“our” shall refer to GROVEUS. The terms
“you”, “your”, “User”
or “customer” shall refer to any individual or
entity who accepts these Terms of Use by using this Site
or the Services found at this Site. Nothing in these
Terms of Use shall be deemed to confer any third-party
rights or benefits.
GROVEUS, in its sole and absolute discretion, may change
or modify these Terms of Use, and any policies or
agreements which are incorporated herein, at any time, and
such changes or modifications shall be effective
immediately upon posting to this Site. You
acknowledge and agree that (i) GROVEUS may notify you of
such changes or modifications by posting them to this Site
and (ii) your use of this Site or the Services found at
this Site after such changes or modifications have been
made (as indicated by the “Last Revised” date
at the top of this page) shall constitute your acceptance
of these Terms of Use as last revised. If you do not
agree to be bound by these Terms of Use as last revised,
do not use (or continue to use) this Site or the Services
found at this Site.
2.
ELIGIBILITY; AUTHORITY
This Site and the Services found at this Site are
available only to Users who can form legally binding
contracts under applicable law. By using this Site
or the Services found at this Site, you represent and
warrant that you are (i) at least eighteen (18) years of
age and/or (ii) otherwise recognized as being able to form
legally binding contracts under applicable law.
If you are agreeing to these Terms of Use on behalf of a
corporate entity, you represent and warrant that you have
the legal authority to bind such corporate entity to these
Terms of Use, in which case the terms "you", "your",
"User" or "customer" shall refer to such corporate
entity. If, after your agreement to these Terms of
Use, GROVEUS finds that you do not have the legal
authority to bind such corporate entity, you will be
personally responsible for the obligations contained in
these Terms of Use. GROVEUS shall not be liable for any
loss or damage resulting from GROVEUS’s reliance on
any instruction, notice, document or communication
reasonably believed by GROVEUS to be genuine and
originating from an authorized representative of your
corporate entity. If there is reasonable doubt about the
authenticity of any such instruction, notice, document or
communication, GROVEUS reserves the right (but undertakes
no duty) to require additional authentication from you.
3.
ACCOUNTS; TRANSFER OF DATA ABROAD
Accounts.
In order to access some of the features of this Site or
use some of the Services found at this Site, you will have
to create an account (an “Account”).
You represent and warrant to GROVEUS that all information
you submit when you create your Account is accurate,
current and complete, and that you will keep your Account
information accurate, current and complete. If
GROVEUS has reason to believe that your Account
information is untrue, inaccurate, out-of-date or
incomplete, GROVEUS reserves the right, in its sole and
absolute discretion, to suspend or terminate your
Account. You are solely responsible for the activity
that occurs on your Account, whether authorized by you or
not, and you must keep your Account information secure,
including without limitation your customer number/login,
password, payment method(s), and shopper PIN. For
security purposes, GROVEUS recommends that you change your
password and shopper PIN at least once every six (6)
months for each Account you have with GROVEUS. You
must notify GROVEUS immediately of any breach of security
or unauthorized use of your Account. GROVEUS will not be
liable for any loss you incur due to any unauthorized use
of your Account. You, however, may be liable for any loss
GROVEUS or others incur caused by your Account, whether
caused by you, or by an authorized person, or by an
unauthorized person.
Transfer of
Data Abroad. If you are visiting this
Site from a country other than the country in which our
servers are located, your communications with us may
result in the transfer of information (including your
Account information) across international boundaries.
By visiting this Site and communicating
electronically with us, you consent to such transfers.
4.
GENERAL RULES OF CONDUCT
You acknowledge and agree that:
- Your use of this Site and the Services found at this
Site, including any content you submit, will comply with
these Terms of Use and all applicable local, state,
national and international laws, rules and regulations.
- You will not collect or harvest (or permit anyone else
to collect or harvest) any User Content (as defined
below) or any non-public or personally identifiable
information about another User or any other person or
entity without their express prior written
consent.
- You will not use this Site or the Services found at
this Site in a manner (as determined by GROVEUS in its
sole and absolute discretion) that:
- Is illegal, or promotes or encourages illegal
activity;
- Promotes, encourages or engages in child pornography
or the exploitation of children;
- Promotes, encourages or engages terrorism,
violence against people, animals, or property;
- Promotes, encourages or engages in any spam or other
unsolicited bulk email, or computer or network hacking
or cracking;
- Violates the Ryan Haight Online Pharmacy Consumer
Protection Act of 2008 or similar legislation, or
promotes, encourages or engages in the sale or
distribution of prescription medication without a valid
prescription;
- Infringes on the intellectual property rights of
another User or any other person or entity;
- Violates the privacy or publicity rights of another
User or any other person or entity, or breaches any
duty of confidentiality that you owe to another User or
any other person or entity;
- Interferes with the operation of this Site or the
Services found at this Site;
- Contains or installs any viruses, worms, bugs,
Trojan horses or other code, files or programs designed
to, or capable of, disrupting, damaging or limiting the
functionality of any software or hardware; or
- Contains false or deceptive language, or
unsubstantiated or comparative claims, regarding
GROVEUS or GROVEUS’s Services.
- You will not copy or distribute in any medium any part
of this Site or the Services found at this Site, except
where expressly authorized by GROVEUS.
- You will not modify or alter any part of this Site or
the Services found at this Site or any of its related
technologies.
- You will not access GROVEUS Content (as defined below)
or User Content through any technology or means other
than through this Site itself, or as GROVEUS may
designate.
- You agree to back-up all of your User Content so that
you can access and use it when needed. GROVEUS does not
warrant that it backs-up any Account or User Content, and
you agree to accept as a risk the loss of any and all of
your User Content.
- You will not use this Site or the Services found at
this Site, including any of GROVEUS’s related
technologies, for any commercial use without
GROVEUS’s express prior written consent.
GROVEUS reserves the right to modify, change, or
discontinue any aspect of this Site or the Services found
at this Site, including without limitation prices and fees
for the same, at any time.
5. YOUR
USE OF GROVEUS
CONTENT AND USER CONTENT
In addition to the general rules above, the provisions
in this Section 5 apply specifically to your use of
GROVEUS Content and User Content posted to GROVEUS’s
corporate websites (i.e., those sites which GROVEUS
directly controls or maintains). The
applicable provisions are not intended to and do not
have the effect of transferring any ownership or licensed
rights (including intellectual property rights) you may
have in content posted to your hosted websites.
GROVEUS
Content. Except for User Content,
the content on this Site and the Services found at this
Site, including without limitation the text, software,
scripts, source code, API, graphics, photos, sounds,
music, videos and interactive features and the trademarks,
service marks and logos contained therein (“GROVEUS Content”),
are owned by or licensed to GROVEUS in perpetuity, and are
subject to copyright, trademark, and/or patent protection
in the United States and foreign countries, and other
intellectual property rights under United States and
foreign laws. GROVEUS Content is provided to you “as
is”, “as available” and “with all
faults” for your information and personal,
non-commercial use only and may not be downloaded, copied,
reproduced, distributed, transmitted, broadcast,
displayed, sold, licensed, or otherwise exploited for any
purposes whatsoever without the express prior written
consent of GROVEUS. No right or license under any
copyright, trademark, patent, or other proprietary right
or license is granted by these Terms of Use. GROVEUS
reserves all rights not expressly granted in and to the
GROVEUS Content, this Site and the Services found at this
Site, and these Terms of Use do not transfer ownership of
any of these rights.
User Content.
Some of the features of this Site or the Services found at
this Site may allow Users to view, post, publish, share,
store, or manage (a) ideas, opinions, recommendations, or
advice (“User
Submissions”), or (b) literary, artistic,
musical, or other content, including but not limited to
photos and videos (together with User Submissions, “User Content”).
By posting or publishing User Content to this Site or to
the Services found at this Site, you represent and warrant
to GROVEUS that (i) you have all necessary rights to
distribute User Content via this Site or via the Services
found at this Site, either because you are the author of
the User Content and have the right to distribute the
same, or because you have the appropriate distribution
rights, licenses, consents, and/or permissions to use, in
writing, from the copyright or other owner of the User
Content, and (ii) you do not violate the rights of any
third party.
Security.
You agree not to circumvent, disable or otherwise
interfere with the security-related features of this Site
or the Services found at this Site (including without
limitation those features that prevent or restrict use or
copying of any GROVEUS Content or User Content) or enforce
limitations on the use of this Site or the Services found
at this Site, the GROVEUS Content or the User Content
therein.
6.
GROVEUS'S
USE OF USER CONTENT
The provisions in this Section 6 apply specifically to
GROVEUS’s use of User Content posted to
GROVEUS’s corporate websites (i.e., those sites
which GROVEUS directly controls or maintains). The
applicable provisions are not intended to and do not
have the effect of transferring any ownership or licensed
rights (including intellectual property rights) you may
have in content posted to your hosted websites.
Generally.
You shall be solely responsible for any and all of your
User Content or User Content that is submitted through
your Account, and the consequences of, and requirements
for, distributing it.
With Respect
to User Submissions. You acknowledge
and agree that:
- Your User Submissions are entirely voluntary.
- Your User Submissions do not establish a confidential
relationship or obligate GROVEUS to treat your User
Submissions as confidential or secret.
- GROVEUS has no obligation, either express or implied,
to develop or use your User Submissions, and no
compensation is due to you or to anyone else for any
intentional or unintentional use of your User
Submissions.
- GROVEUS may be working on the same or similar content,
it may already know of such content from other sources,
it may simply wish to develop this (or similar) content
on its own, or it may have taken / will take some other
action.
GROVEUS shall own exclusive rights (including all
intellectual property and other proprietary rights) to any
User Submissions posted to this Site, and shall be
entitled to the unrestricted use and dissemination of any
User Submissions posted to this Site for any purpose,
commercial or otherwise, without acknowledgment or
compensation to you or to anyone else.
With Respect
to User Content (Other Than User Submissions).
If you have a website hosted by GROVEUS or another
service provider, you shall retain all of your ownership
or licensed rights in User Content posted to your website.
However, if you post or publish your User Content to this
Site, you authorize GROVEUS to use the intellectual
property and other proprietary rights in and to your User
Content to enable inclusion and use of the User Content in
the manner contemplated by this Site and these Terms of
Use. Accordingly, you hereby grant GROVEUS a
worldwide, non-exclusive, royalty-free, sublicensable
(through multiple tiers), and transferable license to use,
reproduce, distribute, prepare derivative works of,
combine with other works, display, and perform your User
Content in connection with this Site and GROVEUS’s
(and GROVEUS’s affiliates’) business(es),
including without limitation for promoting and
redistributing all or part of this Site in any media
formats and through any media channels without
restrictions of any kind and without payment or other
consideration of any kind, or permission or notification,
to you or any third party. You also hereby grant each User
of this Site a non-exclusive license to access your User
Content (with the exception of User Content that you
designate “private” or “password
protected”) through this Site, and to use,
reproduce, distribute, prepare derivative works of,
combine with other works, display, and perform your User
Content as permitted through the functionality of this
Site and under these Terms of Use. The above licenses
granted by you in your User Content terminate within a
commercially reasonable time after you remove or delete
your User Content from this Site. You understand and
agree, however, that GROVEUS may retain (but not
distribute, display, or perform) server copies of your
User Content that have been removed or deleted. The above
licenses granted by you in your User Content are perpetual
and irrevocable. Notwithstanding anything to the
contrary contained herein, GROVEUS shall not use any User
Content that has been designated “private” or
“password protected” by you for the purpose of
promoting this Site or GROVEUS’s (or GROVEUS’s
affiliates’) business(es).
7.
MONITORING OF CONTENT; ACCOUNT TERMINATION POLICY
GROVEUS generally does not pre-screen User Content
(whether posted to a website hosted by GROVEUS or posted
to this Site). However, GROVEUS reserves the right
(but undertakes no duty) to do so and decide whether any
item of User Content is appropriate and/or complies with
these Terms of Use. GROVEUS may remove any item of User
Content (whether posted to a website hosted by GROVEUS or
posted to this Site) and/or terminate a User’s
access to this Site or the Services found at this Site for
posting or publishing any material in violation of these
Terms of Use, or for otherwise violating these Terms of
Use (as determined by GROVEUS in its sole and absolute
discretion), at any time and without prior notice. GROVEUS
may also terminate a User’s access to this Site or
the Services found at this Site if GROVEUS has reason to
believe the User is a repeat offender. If GROVEUS
terminates your access to this Site or the Services found
at this Site, GROVEUS may, in its sole and absolute
discretion, remove and destroy any data and files stored
by you on its servers.
8.
ADDITIONAL RESERVATION OF RIGHTS
GROVEUS expressly reserves the right to deny, cancel,
terminate, suspend, lock, or modify access to (or control
of) any Account or Services (including the right to cancel
or transfer any domain name registration) for any reason
(as determined by GROVEUS in its sole and absolute
discretion), including but not limited to the following:
(i) to correct mistakes made by GROVEUS in offering or
delivering any Services (including any domain name
registration), (ii) to protect the integrity and stability
of, and correct mistakes made by, any domain name
registry, (iii) to assist with our fraud and abuse
detection and prevention efforts, (iv) to comply with
applicable local, state, national and international laws,
rules and regulations, (v) to comply with requests of law
enforcement, including subpoena requests, (vi) to comply
with any dispute resolution process, (vii) to defend any
legal action or threatened legal action without
consideration for whether such legal action or threatened
legal action is eventually determined to be with or
without merit, or (viii) to avoid any civil or criminal
liability on the part of GROVEUS, its officers, directors,
employees and agents, as well as GROVEUS’s
affiliates.
GROVEUS expressly reserves the right to review every
Account for excessive space and bandwidth utilization, and
to terminate or apply additional fees to those Accounts
that exceed allowed levels.
9.
NO SPAM; LIQUIDATED DAMAGES
You acknowledge you have read, understand and agree to be
bound by GROVEUS’s Anti-Spam Policy referenced above
and available here. You agree GROVEUS may
immediately terminate any Account which it believes, in
its sole and absolute discretion, is transmitting or is
otherwise connected with any spam or other unsolicited
bulk email. In addition, if actual damages cannot be
reasonably calculated then you agree to pay GROVEUS
liquidated damages in the amount of $1.00 for each piece
of spam or unsolicited bulk email transmitted from or
otherwise connected with your Account.
10.
TRADEMARK AND/OR COPYRIGHT CLAIMS
GROVEUS supports the protection of intellectual
property. If you would like to submit (i) a
trademark claim for violation of a mark on which you hold
a valid, registered trademark or service mark, or (ii) a
copyright claim for material on which you hold a bona fide
copyright, please refer to GROVEUS’s Trademark
and/or Copyright Infringement Policy referenced above and
available here.
11.
LINKS TO THIRD-PARTY WEBSITES
This Site and the Services found at this Site may
contain links to third-party websites that are not owned
or controlled by GROVEUS. GROVEUS assumes no
responsibility for the content, terms and conditions,
privacy policies, or practices of any third-party
websites. In addition, GROVEUS does not censor or edit the
content of any third-party websites. By using this Site or
the Services found at this Site, you expressly release
GROVEUS from any and all liability arising from your use
of any third-party website. Accordingly, GROVEUS
encourages you to be aware when you leave this Site or the
Services found at this Site and to review the terms and
conditions, privacy policies, and other governing
documents of each other website that you may visit.
12.
DISCLAIMER OF REPRESENTATIONS AND WARRANTIES
YOU SPECIFICALLY
ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS SITE AND THE
SERVICES FOUND AT THIS SITE SHALL BE AT YOUR OWN RISK AND
THAT THIS SITE AND THE SERVICES FOUND AT THIS SITE ARE
PROVIDED “AS IS”, “AS AVAILABLE”
AND “WITH ALL FAULTS”. GROVEUS, ITS
OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL
WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE,
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT. GROVEUS, ITS
OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS MAKE NO
REPRESENTATIONS OR WARRANTIES ABOUT (I) THE ACCURACY,
COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY,
COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH
HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS
SITE, AND/OR (III) THE SERVICES FOUND AT THIS SITE OR ANY
SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR
OTHERWISE) TO THIS SITE, AND GROVEUS ASSUMES
NO LIABILITY OR RESPONSIBILITY FOR THE SAME.
IN ADDITION, YOU
SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR
WRITTEN INFORMATION OR ADVICE PROVIDED BY GROVEUS, ITS
OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (INCLUDING
WITHOUT LIMITATION ITS CALL CENTER OR CUSTOMER SERVICE
REPRESENTATIVES) WILL (I) CONSTITUTE LEGAL OR FINANCIAL
ADVICE OR (II) CREATE A WARRANTY OF ANY KIND WITH RESPECT
TO THIS SITE OR THE SERVICES FOUND AT THIS SITE, AND
USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE.
THE FOREGOING
DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY
TO THE FULLEST EXTENT PERMITTED BY LAW, AND shall survive
any termination or expiration of these Terms of Use or
your use of this Site or the Services found at this Site.
13.
LIMITATION OF LIABILITY
IN NO EVENT SHALL
GROVEUS,
ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE
TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL
DAMAGES WHATSOEVER, INCLUDING ANY THAT MAY RESULT FROM
(I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE,
(II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES
LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR
OTHERWISE) TO THIS SITE, (III) THE SERVICES FOUND AT THIS
SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER
ADVERTISING OR OTHERWISE) TO THIS SITE, (IV) PERSONAL
INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, (V)
THIRD-PARTY CONDUCT OF ANY NATURE WHATSOEVER, (VI) ANY
UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY
AND ALL CONTENT, PERSONAL INFORMATION, FINANCIAL
INFORMATION OR OTHER INFORMATION AND DATA STORED THEREIN,
(VII) ANY INTERRUPTION OR CESSATION OF SERVICES TO OR
FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS,
BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (VIII) ANY
VIRUSES, WORMS, BUGS, TROJAN HORSES, OR THE LIKE, WHICH
MAY BE TRANSMITTED TO OR FROM THIS SITE OR ANY SITES
LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR
OTHERWISE) TO THIS SITE, (IX) ANY USER CONTENT OR CONTENT
THAT IS DEFAMATORY, HARASSING, ABUSIVE, HARMFUL TO MINORS
OR ANY PROTECTED CLASS, PORNOGRAPHIC,
“X-RATED”, OBSCENE OR OTHERWISE
OBJECTIONABLE, AND/OR (X) ANY LOSS OR DAMAGE OF ANY KIND
INCURRED AS A RESULT OF YOUR USE OF THIS SITE OR THE
SERVICES FOUND AT THIS SITE, WHETHER BASED ON WARRANTY,
CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY,
AND WHETHER OR NOT GROVEUS IS
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN ADDITION, You
SPECIFICALLY ACKNOWLEDGE AND agree that any cause of
action arising out of or related to this Site or the
Services found at this Site must be commenced within one
(1) year after the cause of action accrues, otherwise
such cause of action shall be permanently barred.
IN ADDITION, You
SPECIFICALLY ACKNOWLEDGE AND agree that in no event shall
GROVEUS’s total aggregate liability exceed the
total amount paid by you for the particular ServiceS that
ARE the subject of the cause of action.
THE FOREGOING
LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT
PERMITTED BY LAW, AND shall survive any termination or
expiration of these Terms of Use or your use of this Site
or the Services found at this Site.
14.
INDEMNITY
You agree to protect, defend, indemnify and hold
harmless GROVEUS and its officers, directors, employees,
and agents, from and against any and all claims, demands,
costs, expenses, losses, liabilities and damages of every
kind and nature (including, without limitation, reasonable
attorneys’ fees) imposed upon or incurred by GROVEUS
directly or indirectly arising from (i) your use of and
access to this Site or the Services found at this Site;
(ii) your violation of any provision of these Terms of Use
or the policies or agreements which are incorporated
herein; and/or (iii) your violation of any third-party
right, including without limitation any intellectual
property or other proprietary right. The
indemnification obligations under this section shall
survive any termination or expiration of these Terms of
Use or your use of this Site or the Services found at this
Site.
15.
SUCCESSORS AND ASSIGNS
These Terms of Use shall be binding upon and inure to
the benefit of the parties hereto and their respective
heirs, successors and assigns.
16.
NO THIRD-PARTY BENEFICIARIES
Nothing in these Terms of Use shall be deemed to confer
any third-party rights or benefits.
17.
U.S. EXPORT LAWS
This Site and the Services found at this Site are subject
to the export laws, restrictions, regulations and
administrative acts of the United States Department of
Commerce, Department of Treasury Office of Foreign Assets
Control (“OFAC”),
State Department, and other United States authorities
(collectively, “U.S. Export Laws”).
Users shall not export or re-export, or allow the export
or re-export of, the Services found at this Site in
violation of any U.S. Export Laws. None of the
Services found at this Site may be downloaded or otherwise
exported or re-exported (i) into (or to a national or
resident of) any country with which the United States has
embargoed trade; or (ii) to anyone on the U.S. Treasury
Department's list of Specially Designated Nationals or the
U.S. Commerce Department's Denied Persons List, or any
other denied parties lists under U.S. Export Laws.
By using this Site and the Services found at this Site,
you agree to the foregoing and represent and warrant that
you are not a national or resident of, located in, or
under the control of, any restricted country; and you are
not on any denied parties list; and you agree to comply
with all U.S. Export Laws (including
“anti-boycott”, “deemed export”
and “deemed re-export” regulations). If
you access this Site or the Services found at this Site
from other countries or jurisdictions, you do so on your
own initiative and you are responsible for compliance with
the local laws of that jurisdiction, if and to the extent
those local laws are applicable and do not conflict with
U.S. Export Laws. If such laws conflict with U.S.
Export Laws, you shall not access this Site or the
Services found at this Site. The obligations under
this section shall survive any termination or expiration
of these Terms of Use or your use of this Site or the
Services found at this Site.
18.
COMPLIANCE WITH LOCAL LAWS
GROVEUS makes no representation or warranty that the
content available on this Site or the Services found at
this Site are appropriate in every country or
jurisdiction, and access to this Site or the Services
found at this Site from countries or jurisdictions where
its content is illegal is prohibited. Users who
choose to access this Site or the Services found at this
Site are responsible for compliance with all local laws,
rules and regulations.
19.
GOVERNING LAW; JURISDICTION; VENUE; WAIVER OF TRIAL BY
JURY
Except for disputes governed by the Uniform Domain Name
Dispute Resolution Policy referenced above and available here, these Terms of Use shall be
governed by and construed in accordance with the federal
law of the United States and the state law of Siliguri,
whichever is applicable, without regard to conflict of
laws principles. You agree that any action relating
to or arising out of these Terms of Use shall be brought
in the state or federal courts of Siliguri, WB and you hereby consent to (and waive all defenses
of lack of personal jurisdiction and forum non conveniens
with respect to) jurisdiction and venue in the state and
federal courts of Siliguri, WB. You
agree to waive the right to trial by jury in any action or
proceeding that takes place relating to or arising out of
these Terms of Use.
20.
TITLES AND HEADINGS; INDEPENDENT COVENANTS; SEVERABILITY
The titles and headings of these Terms of Use are for
convenience and ease of reference only and shall not be
utilized in any way to construe or interpret the agreement
of the parties as otherwise set forth herein. Each
covenant and agreement in these Terms of Use shall be
construed for all purposes to be a separate and
independent covenant or agreement. If a court of
competent jurisdiction holds any provision (or portion of
a provision) of these Terms of Use to be illegal, invalid,
or otherwise unenforceable, the remaining provisions (or
portions of provisions) of these Terms of Use shall not be
affected thereby and shall be found to be valid and
enforceable to the fullest extent permitted by law.
21.
CONTACT INFORMATION
If you have any questions about these Terms of Use,
please contact us by email or regular mail at the
following address:
East Vivekanda Pally, Near Friends Union Club
Siliguri, Dist-Darjeeling West
Bengal, INDIA Pincode: 734006 support@groveus.com
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