General Use Restrictions
Grand Junction provides various documents, manuals and information (including, without limitation, pricing information), including content, logos, graphics and images on the Site and within the Services (together, the “Materials”). These Materials are made available to you by Grand Junction and are the copyrighted and/or trademarked work of Grand Junction or Grand Junction’s contributors. Materials do not include any data or information that you submit to the Services (“Submission”).
Grand Junction grants you a limited, personal, non-exclusive and non-transferable license to use and to display and to make copies of the Materials and to use the Site and Services solely for your internal business use as an authorized user on behalf of your company that has licensed the right to use the Services from Grand Junction, in accordance with the agreement between your company and Grand Junction (the “Agreement”). Except for the license set forth in the preceding sentence above, you acknowledge and agree that you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Materials, the Site or the Services in any manner. You may not distribute the Materials or the Services in any manner to any third party. This limited license terminates automatically, without notice to you, if you breach any of these Terms. Upon termination of the Agreement and/or this license, you agree to immediately destroy any downloaded or printed Materials and to cease using the Site and the Services. Except as stated herein, you acknowledge that you have no right, title or interest in or to this Site, the Services or any Materials.
Submissions and Third Party Content
You have full responsibility for each such Submission you make, including its legality, accuracy, appropriateness, and trademark and copyright ownership. Submissions will be accessible by other authorized users through the Services that are within your company. You agree that Grand Junction is free to use a Submission to provide the Services to you and your company.
Certain information and other content may be the material of third party licensors and suppliers to Grand Junction (“Third Party Content”). The Third Party Content is, in each case, the copyrighted and/or trademarked work of the creator/licensor. You agree to only display the Third Party Content on your computer solely for your internal business use as an authorized user on behalf of the company that has licensed the right to use the Services from Grand Junction. You acknowledge and agree that you have no right to download, cache, reproduce, modify, display (except as set forth in this paragraph), edit, alter or enhance any of the Third Party Content in any manner unless you have permission from the owner of the Third Party Content. Grand Junction DISCLAIMS ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES AND CONDITIONS WITH REGARD TO THIRD PARTY CONTENT, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Links to Third Party Sites
This Site may be linked to other sites that are not Grand Junction sites. Grand Junction is providing these links to you only as a convenience, and Grand Junction is not responsible for such linked sites, including, without limitation, the content or links displayed on such sites.
Unauthorized use of any Materials, the Services or Third Party Content contained on this Site may violate certain laws and regulations. You agree to indemnify and hold Grand Junction and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees and costs of defense) Grand Junction or any other indemnified party suffers in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of this Site or the Services or the use by any person using your user name and/or password violates any applicable law or regulation, or the copyrights, trademark rights or other rights of any third party. Grand Junction may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at Grand Junction’s discretion, Grand Junction will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this Site, the Services or on the Internet.
You may be given access to certain password protected areas of the Site and the Services. You are responsible for maintaining the confidentiality of your user login IDs, passwords, registration data and for any and all activity that occurs under your user login IDs and password and/or security authentication measures. You agree to comply with the reasonable procedures specified by Grand Junction from time to time regarding obtaining and updating your user IDs, passwords and security authentication measures to the Site and Service. You agree to take all reasonable precautions to protect against the theft, loss or fraudulent use of such user IDs, passwords and/or security authentication measures. You agree to notify Grand Junction immediately of any theft or unauthorized use of your login ID or password or any other breach of security relating to the Site and the Services. Grand Junction may replace, suspend or cancel your user IDs, passwords and/or security authentication measures upon any misuse you or other person. You may not, and may not attempt to, access any data of another Grand Junction customer if you are not an authorized user under such customer account.
Grand Junction is a trademark of Grand Junction in the United States. Other trademarks, names and logos on this Site are the property of their respective owners.
Unless otherwise specified in these Terms, all information and screens appearing on this Site and the Services, including documents, services, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of Grand Junction, copyright © 2013 Grand Junction, Inc. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.
Disclaimer of Warranties
Grand Junction provides warranties and service level agreements regarding the Services solely to its company customers pursuant to the Agreement. Your use of this Site and/or the Services is at your own risk. Neither the Materials nor the Third Party Content have been verified or authenticated in whole or in part by Grand Junction, and they may include inaccuracies or typographical or other errors. Grand Junction does not warrant the accuracy or timeliness of the Materials or the Third Party Content contained on this Site. Grand Junction has no liability for any errors or omissions in the Materials and/or the Third Party Content, whether provided by Grand Junction or our licensors.
GRAND JUNCTION, FOR ITSELF AND ITS LICENSORS, MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THIS SITE, THE SERVICES, ANY MATERIALS, OR THIRD PARTY CONTENT, RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE AND/OR THE RESULTS OBTAINED FROM THE USE OF THIS SITE, INCLUDING WITHOUT LIMITATION THE MATERIALS AND THE THIRD PARTY CONTENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS SITE, THE SERVICES, MATERIALS, THIRD PARTY CONTENT, AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” AND “WHERE-IS” BASIS WITH NO WARRANTY OF IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. Grand Junction DOES NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER.
Limitation of Liability
GRAND JUNCTION SHALL NOT BE LIABLE FOR ANY DAMAGES RESULTING FROM YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY OF THE MATERIALS OR THIRD PARTY CONTENT TO OR FROM THIS SITE OR THE SERVICES. IN NO EVENT SHALL GRAND JUNCTION BE LIABLE FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF GRAND JUNCTION KNOWS THERE IS A POSSIBILITY OF SUCH DAMAGE AND GRAND JUNCTION SHALL NOT BE LIABLE IN THE AGGREGATE FOR MORE THAN TWO HUNDRED DOLLARS ($200.00).
Local Laws; Export Control
Grand Junction controls and operates this Site and the Services from its headquarters in the United States of America and the Materials and/or Third Party Content may not be appropriate or available for use in other locations. If you use this Site or the Services outside the United States of America, you are responsible for following applicable local laws.
If you violate these Terms, Grand Junction may terminate and/or suspend your access to this Site and/or the Services without notice.
California law and controlling U.S. federal law, without regard to the choice or conflicts of law provisions, will govern these Terms. Any disputes relating to these Terms, this Site or the Services will be heard in the courts located in San Francisco County, California. If any of these Terms is found to be inconsistent with applicable law, then such term shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. Grand Junction’s failure to enforce any of these Terms is not a waiver of such term. These Terms are the entire agreement between you and Grand Junction and supersede all prior or contemporaneous negotiations, discussions or agreements between you and Grand Junction about this Site. The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions shall survive any termination of these Terms.