×
TERMS OF USE AGREEMENT
Prior to using our Services, GrabAds Media, LLC, (collectively “we”, “us”, “our”, or “the Company “)
please review this Terms of Use Agreement (“Agreement”). This Agreement outlines the terms of use applicable to
this
Service.
THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION PROVISION, WAIVER OF JURY TRIAL AND CLASS ACTION. PLEASE
REVIEW THESE PROVISIONS. By accessing, browsing or using this site/services, through any direct or indirect means
or by using the goods, facilities or services offered in, or through this site/services through alternative
methods (including, for example, telephone, mail, text, email or facsimile), you accept and agree to be bound by
this Agreement and our Privacy Policy then in effect (the terms "Service" and "Services" include use through
these alternative methods). If you do not agree to these terms, do not submit your contact information on this
site.
Services
This site and Services are not intended for use of any individual under 18 years of age. You certify to the
Company
that:
- You are at least 18 years of age.
- You assume full responsibility for the use of this site/service by any minors.
- That the information you have submitted to us on this site or otherwise, is accurate, complete and that you
have not submitted or provided false information to us.
- Your use of this Service is subject to all applicable federal, state, and local laws and regulations.
This Service is intended for United States residents only. This Service provides internet marketing and
information
for the benefit of Third Parties only. Marketing and information on home goods products and services are
provided
for consumer review and allows consumers to request additional information through a webform inquiry. We are
not a
home services contractor, mortgage lender, debt service or debt settlement company, real estate company,
insurance
agent, auto sales company or automotive warranty organization. This is not, or intended to be an application
for any
type of insurance or financial product.
You understand and agree that if you submit an inquiry on this site:
- Your information will be shared and/or purchased by companies who provide such goods and services related to
the service or product you have expressed interest in. As a result, different types of businesses may be
provided your
information and may contact you. This will allow you to compare products and services prior to making a
purchase.
- You agree to share your information with these businesses and allow them and us to contact you through
automated
means; e.g. autodialing, text and pre-recorded messaging, via telephone, mobile device (including SMS and
MMS)
and/or email. You give permission to be contacted even if your telephone number is currently listed on any
state,
federal or corporate Do Not Call list. You understand and agree that your consent is not a condition,
directly or
indirectly of a purchase. Data and message rates may apply. We do not charge you a fee to use this Service.
- You understand that we do not endorse, warrant, or guarantee the products or services of businesses who may
contact
you. Any requirements or qualifications for a certain product or service are made by the companies offering
those
products or services.
- Licensed organizations are subject to Federal and State laws and regulations for their practices. Please
review the
privacy practices of all third parties who contact you. If you have any questions regarding their practices,
please
contact them directly.
ARBITRATION AGREEMENT AND CLASS ACTION WAIVER - READ THIS SECTION CAREFULLY.
This arbitration provision limits your and the Company's ability to litigate claims in court and you and the
Company
each agree to waive your respective rights to a jury trial or a state or federal judge. You agree that you
will not
file any lawsuit against us in any state or federal court.
BY ACCESSING AND/OR USING ANY SERVICES OF THE COMPANY YOU AGREE TO THESE TERMS AND CONDITIONS OF THIS
ARBITRATION
AGREEMENT. DO NOT USE THE COMPANY'S SERVICES OR SUBMIT ANY CONTACT INFORMATION IF YOU DO NOT AGREE TO THESE
TERMS.
You and we each agree that any and all disputes or claims that have arisen or may arise between you and us
relating
in any way to or arising out of this or previous versions of this Agreement, your use of or access to our
Services,
or any Product sold, offered, or purchased through our Services shall be resolved exclusively through final
and
binding arbitration, rather than in court, except that if your claims are under $1,000.00 you may assert
claims in
small claims court, if your claims qualify. The Federal Arbitration Act governs the interpretation and
enforcement
of this Agreement to Arbitrate section (this "Agreement to Arbitrate").
Arbitration Procedures
Arbitration is more informal than a lawsuit in court. There is no judge or jury in arbitration, and court
review of
an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an
individual
basis that a court can award to an individual. An arbitrator should apply the terms of this Agreement as a
court
would.
The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to
resolve any
dispute arising out of or relating to the interpretation, applicability, enforceability or formation of this
Agreement to Arbitrate, any part of it, or of this Agreement including, but not limited to, any claim that
all or
any part of the Agreement to Arbitrate or this Agreement is void or voidable.
The arbitration will be conducted by Williams & Coleman, P.A. under its rules and procedures pertaining to
Consumer-Related
Disputes, as
modified by this Agreement to Arbitrate. The arbitration shall be held in a mutually agreed location. If the
value
of the relief sought is $10,000 or less, you or we may elect to have the arbitration conducted by telephone
or based
solely on written submissions, which election shall be binding on you and us subject to the arbitrator's
discretion
to require an in-person hearing, if the circumstances warrant. Attendance at an in-person hearing may be
made by
telephone by you and/or us, unless the arbitrator requires otherwise.
The arbitrator will decide the substance of all claims in accordance with the laws of the State of Delaware,
including recognized principles of equity, and will honor all claims of privilege recognized by law. The
arbitrator
shall not be bound by rulings in prior arbitrations involving our other users, but is bound by rulings in
prior
arbitrations involving the same user to the extent required by applicable law. The arbitrator's award shall
be final
and binding and judgment on the award rendered by the arbitrator may be entered in any court having
jurisdiction
thereof.
Costs of Arbitration
Payment of all filing, administration and arbitrator fees will be governed by Williams & Coleman, P.A. rules,
unless otherwise
stated in
this Agreement to Arbitrate. You may obtain these costs through Williams & Coleman, P.A. website.
Prohibition of Class and Representative Actions and Non-Individualized Relief
YOU AND WE AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A
PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND
US
AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS, AND
MAY NOT
OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR
MAY
AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY
SEEKING
RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S).
ANY
RELIEF AWARDED CANNOT AFFECT OUR OTHER USERS.
Severability
With the exception of "Prohibition of Class and Representative Actions and Non-Individualized Relief", if an
arbitrator or court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the
other
parts of this Agreement to Arbitrate shall still apply. If an arbitrator or court decides that any of the
provisions
in this Agreement is invalid or unenforceable, then the entirety of this Agreement to Arbitrate shall be
null and
void. The remainder of the Agreement and any disputes sections will continue to apply and that jurisdiction
over and
venue of any suit shall be exclusively in the state and federal courts sitting in the County of Arapahoe,
state of
Colorado.
Changes to the Agreement to Arbitrate
Not with standing any provision in the Agreement to the contrary, you and we agree that if we make any change
to this
Agreement to Arbitrate (other than a change to any notice address or site link provided herein) in the
future, that
change shall not apply to any claim that was filed in a legal proceeding against us prior to the effective
date of
the change. The change shall apply to all other disputes or claims governed by this arbitration provision
that have
arisen or may arise between you and us. We will notify you of changes to this Agreement to Arbitrate by
posting the
amended terms on our Services at least 3 days before the effective date of the changes and/or by email.
THESE TERMS
PROVIDE THAT ALL DISPUTES BETWEEN US WILL BE RESOLVED BY BINDING ARBITRATION. YOU GIVE UP YOUR RIGHT TO GO
TO COURT
TO ASSERT OR DEFEND YOUR RIGHTS. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. YOUR
RIGHTS
WILL BE DETERMINED BY NEUTRAL ARBITRATORS AND NOT A JUDGE OR JURY.
Prohibited Use
You shall not use this Service for any illegal purpose, including, but not limited to:
1. The transmission of any material that is:
- unlawful, harmful, harassing, abusive, libelous, racially or ethnically offensive, invasive of another's
privacy,
vulgar, threatening, obscene, sexually explicit, tortious, defamatory,
- or that infringes or may infringe on the intellectual property or rights of another, or in a reasonable
person's
view objectionable; directly or indirectly interfere,
- or attempt to interfere with the proper working of this site/service or system integrities or securities;
interference of any account,
- or any communication or transaction being conducted on this Service;
- use of any robot, spider, other automatic device, or manual process to monitor or access or copy our web
pages or
any content without our prior expressed written permission;
- or take any action which imposes an unreasonable or disproportionately large load on our infrastructure;
- or post, upload, transmit, submit, email or make available by any other means any data or content protected
under
any law or contractual relationship that you do not have the right to distribute;
- or conduct fraud, represent yourself as someone else or hide or attempt to hide your identity; and/or
- interfere or attempt to interfere with the proper working of this Service.
Changes to Site, Terms and Policies
We reserve the right to change any information, features or functions of our Services without prior notice.
- We may deny you access to the Services for any reason without prior notice if you engage in any conduct or
activities that we determine, in our sole discretion, violate these Terms, our legal rights or the legal
rights of any third party or are otherwise inappropriate.
- We are not responsible for any errors or delays in providing the Services whether caused by errors in the
registration information you provided by any technical problems in our system.
- We reserve the right to make changes to this Agreement and the posted Privacy Policy. Any changes made will
be
effective from the date of such posting without further notice to you. As such, the Privacy Policy and Terms
of
Service posted at the time you register on our Services will govern our relationship for that registration
and
referral request.
Electronic Communications
When you visit our site, use our Services or send email to us, you are communicating with us electronically
and you:
-
Consent to receive communications from us electronically. Although we may choose to communicate with you by
regular
mail, we may also choose to communicate with you by email or by posting notices on our Services.
- Agree that all agreements, notices, disclosures and other communications that we provide to you
electronically
satisfy any legal requirement that such communications be in writing.
Anti-Spam Policy
We do everything we can to avoid Spam, including all commercially reasonable measures. If you have received
unwanted
email communications from us, please let us know as soon as possible so we can remove your information from
all
marketing efforts. You may email us at support@grabadsmedia.com and let us know about the communications you
received.
Copyright and Trademark Notice Information
Our Services may contain intellectual property owned by us and other parties. Under these terms and the
relationship
between users and us, we are the sole owner of the Services and all materials on or available through our
Services
including without limitation, all applicable U.S. and non-U.S. copyrights, patents, trademarks, and trade
secrets,
and other intellectual property rights thereto (collectively “Services Content”).
Except as otherwise specifically provided in this Agreement:
- You may not download or save a copy of the Services Content or any portion thereof, for any purpose;
however, you
may print a copy of individual screens appearing as part of the Services Content solely for your personal,
non-commercial use or records, provided that our marks, logos or other legends that appear on the copied
screens
remain on, and are not removed from the printed or stored images of such screens.
Except as otherwise expressly permitted herein, you may not:
- Modify, copy, publish, display, transmit, adapt or in any way exploit any portion of our Services content
unless you
first obtain prior written consent from us -- and from all other entities with an interest in the relevant
intellectual property. Any unauthorized attempt to modify our Services, Services Content, to defeat or
circumvent
our security features, or to utilize our Services for other than its intended purposes is strictly
prohibited.
LIMITATION OF LIABILITY AND DAMAGES
IN NO EVENT WILL WE, OUR PARENTS, SUBSIDIARIES, PARTNERS, AGENTS, AFFILIATES, LICENSORS, SUCCESSORS AND
ASSIGNS AND
THEIR RESPECTIVE OFFICERS, DIRECTORS, AND EMPLOYEES AND SHAREHOLDERS BE LIABLE TO ANY PARTY (i) FOR ANY
INDIRECT,
DIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR
LOSS OF
BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE), OR ANY OTHER
DAMAGES
ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE SERVICES OR SERVICES
CONTENT,
EVEN IF ALL SUCH PARTIES SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE
FORM OF
ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE; OR (ii) FOR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR
OTHER
INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF THE SERVICES OR THE SERVICES CONTENT. YOU AND WE AGREE THAT
ANY CAUSE
OF ACTION ARISING OUT OF OR RELATED TO OUR SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF
ACTION
ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. SOME JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OF
CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
ACCORDINGLY,
OUR LIABILITY IN SUCH JURISDICTION SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
NO WARRANTY
Except as expressly set forth herein, we are not responsible for any incorrect or inaccurate information or
entry of
information, whether caused by a user of our Services or by any of the equipment or programming associated
with or
utilized in connection with our Services or any Services provided on or through our site, or by any
technical or
human error which may occur in the processing of information received by us. We assume no responsibility for
any
error, omission, interruption, deletion, defect, delay in operation or transmission, communications line
failure,
theft or destruction or authorized access to, or alteration of, information received or submitted in
connection with
our Services. We are not responsible for any problems, errors or technical malfunction of any telephone
network or
lines, computer online systems, servers or providers, computer equipment, or software, or any failure of
email on
account of technical problems or traffic congestion on the Internet or at our Services or combination
thereof,
including injury or damage to participants or to any other person's computer related to or resulting from
use of our
Services or Services Content.
THE CONTENT AND ALL SERVICES ASSOCIATED WITH OUR SERVICES ARE PROVIDED TO YOU ON AN "AS-IS" AND "AS
AVAILABLE"
BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF OUR
SERVICES
OR THE INFORMATION, CONTENT, MATERIALS, SERVICES INCLUDED ON OR ASSOCIATED WITH OUR SERVICES INCLUDING ANY
LOAN YOU
MAY CHOOSE. YOU EXPRESSLY AGREE THAT YOUR USE OF OUR SERVICES IS AT YOUR SOLE RISK.
WE DO NOT MAKE, AND EXPRESSLY DISCLAIM, ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED,
REGARDING
THE ACCURACY, CORRECTNESS, OR COMPLETENESS OF THE CONTENT OR THE SERVICES OR THE SAFETY, RELIABILITY, TITLE,
TIMELINESS, COMPLETENESS, MERCHANTABILITY, CONFORMITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE CONTENT OR
THE
SERVICES AND PRODUCTS ASSOCIATED WITH OUR SERVICES. IT IS YOUR SOLE RESPONSIBILITY TO INDEPENDENTLY EVALUATE
THE
ACCURACY, CORRECTNESS OR COMPLETENESS OF THE CONTENT AND THE SERVICES AND PRODUCTS ASSOCIATED WITH OUR
SERVICES AND
ANY LOAN YOU ACCEPT. WE MAKE NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT OF OUR SERVICES MAY
BE
AVAILABLE FOR DOWNLOADING FROM OUR SERVICES IS FREE OF INFECTION FROM ANY VIRUSES, WORMS, TROJAN HORSES,
TRAP DOORS,
BACK DOORS, EASTER EGGS, TIME BOMBS, CANCELBOTS OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN
CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, DETRIMENTALLY INTERFERE WITH,
SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION. WE DO NOT MAKE ANY
REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING ANY QUOTES OR OFFERS PROVIDED ON OR
THROUGH
OUR SERVICES. WITHOUT LIMITING THE FOREGOING, YOU ACKNOWLEDGE AND AGREE THAT WE ARE NOT A LENDER, BROKER,
INVESTOR,
FINANCIAL INSTITUTION OR OTHER SERVICE PROVIDER. YOU ACKNOWLEDGE AND AGREE THAT WE ARE SOLELY AN
INTERMEDIARY
BETWEEN YOU AND SUCH PERSONS OR INSTITUTION AND, THEREFORE, WE EXPRESSLY DISCLAIM ANY AND ALL LIABILITY FOR
ANY
CONTENT, SERVICES OR LOANS PROVIDED BY SUCH SERVICE PROVIDERS.
RELEASE
YOU HEREBY AGREE TO RELEASE, REMISE AND FOREVER DISCHARGE THE COMPANY AND ITS SERVICE PROVIDERS AND EACH OF
THEIR
RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, INFORMATION PROVIDERS, AND EACH OF THEIR RESPECTIVE
AGENTS,
DIRECTORS, OFFICERS, EMPLOYEES AND ALL OTHER RELATED, ASSOCIATED, OR CONNECTED PERSONS FROM ANY AND ALL
MANNER OF
RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES,
COSTS, AND
DISBURSEMENTS OF ANY NATURE WHATSOEVER WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER EXIST, WHICH ARISE
FROM,
RELATE TO, OR ARE CONNECTED WITH YOUR USE OF THE SERVICE.
Indemnification
You agree to indemnify and hold The Company, its subsidiaries, affiliates, agents, shareholders, officers
contractors, vendors, employees, and service providers harmless from any claim or demand, including
reasonable
attorneys' fees, made by any third party due to or arising out of your use of this Service, the violation of
this
Agreement by you, or the infringement by you, or other user of this site/service using your computer, of any
intellectual property or other right of any person or entity.
The Company and its Service providers assume no responsibility of any kind for such content or actions. The
Company
reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise
subject
to indemnification by you.
Termination
If you breach or violate any part of this Agreement or provisions in the Privacy Policy you may no longer
use this
Service. The Company may, in its sole discretion, change, suspend, or terminate, temporarily or permanently,
this
Service or any part of it at any time, for any reason, without notice to you and without liability to you or
any
other person. You agree that all terminations for cause shall be made in The Company's sole discretion and
shall not
be liable to you or any third party for any termination.
Entire Agreement
This Agreement constitutes the entire terms of use agreement between you and The Company and governs your
use of
this Service which supersedes any prior agreements between you and The Company. You also may be subject to
additional terms and conditions that may apply when you use other services, affiliate services, third party
content
or third party software.
Last Updated: February 15, 2022