Terms & Conditions of Membership - Last revised: March 11, 2009
LEGAL NOTICE: PLEASE READ ALL THE PROVISIONS
OF THIS MEMBERSHIP AGREEMENT CAREFULLY. YOUR ACCEPTANCE OF THESE TERMS
AND CONDITIONS WILL CONSTITUTE A BINDING AND ENFORCEABLE AGREEMENT BETWEEN
YOU AND THE WEBSITE. By joining, you are purchasing the Grant Now product for $39.97. This agreement is subject to change at any time, and changes may be effective without notice upon each Subscriber.
DEFINITIONS - The term "Site", as referred
to in these terms and conditions shall mean - the Site for which you are
purchasing a username and password (login) in order gain access to that
site and enjoy its contents and benefits of membership. The "Site"
shall include the owner thereof all agents acting on its behalf. The term
"Member" or "Membership", as referred to in the terms
and conditions shall mean -The holder (Subscriber) of a valid username
and password (login) for the Site during the term of membership. Membership
is non-transferable and non-assignable. The term "Subscriber",
as referred to in the terms and conditions shall mean - The End-user,
Consumer, of the services of the Site and holder of a valid username and
password (login) for the Site. By becoming a Subscriber, you hereby authorize
the imposition of charges to your credit card or other approved facility
for all membership fees as well as for any further goods and/or services
at, through and/or from or pertaining to the site. The term "Login",
as referred to in the terms and conditions shall mean - The combination
of unique username and password that is sold by, and used to access, the
Site. A Login is a non-exclusive, non-transferable license for that individual
member, and no other, to use the Site for a period of time. The term "Bookmarking",
as referred to in the terms and conditions shall mean - The act of placing
a web page (URL) into a temporary file on the Subscribers browser so that
the subscriber may return to that page at a future date directly, without
passing through any pages that may have been precedent.
NON-ASSIGNABILITY/THEFT OF LOGIN - Your Membership,
username and password (login), may not be assigned or transferred to any
other person or entity. Subscriber must promptly inform the Site of any
apparent breach of security, such as loss, theft, or unauthorized disclosure
or use of a username or password. Until the Site is notified, by e-mail,
or by telephone, of any breach in security, the Subscriber will remain
personally liable for any unauthorized use of the Service. Subscriber
is and shall be personally liable for, and shall defend, indemnify and
hold harmless the Site and any agency acting on its behalf from any and
all damages (including loss of profits, loss of property, fines and penalties),
losses and costs (including attorneys' fees) resulting from any attempted
or actual unauthorized downloading or other duplication whether solely
by Subscriber or with or under the authority of any other including governmental
agency.
REFUNDS - In the event that a refund is issued, ALL
refunds will be made by crediting the credit card that was used to make
the original purchase. NO refunds will be made by cash or check.
GRANT OF LIMITED LICENSE WITH RESERVATIONS - Memberships
to the Site are provided for personal, non-commercial use by customers
of the Site. As customers, visitors to the Site hereby granted a single
copy license to download (on a single computer only) or print copies of
any of the information found on the Site for personal, non-commercial
use only. Commercial use of the Site, or any material located on it, is
strictly prohibited. In addition, you may not modify any of the materials
found on the Site; use them for any public display, performance, sale
or rental; remove, modify or alter any copyright or other proprietary
notice, or trademarks there from; or transfer any material located on
the Site to any other person. The Site reserves the right to terminate
this license at any time if you breach the terms of this agreement, in
which case you will be obligated to immediately destroy any information
downloaded, printed or otherwise copied from the Site. Access to and use
of the Site is through a combination of a username and a password (login).
Each Subscriber must keep his or her login strictly confidential. For
security reasons, the Site will not release passwords for any reason,
to anyone other than the Subscriber, except as may be specifically required
by law or court order. Unauthorized access to the Site is a breach of
this Agreement and a violation of law.
You acknowledge and agree that all materials contained
at the Site are proprietary and constitute valuable intellectual property
owned by the Site or its administrator ("Company") or others
who have licensed use of such materials to the Company. You acknowledge
and agree that as such You may only access, view, download, receive and
otherwise use the materials available at the Site only as authorized by
the Company.
You acknowledge that you understand that the Company
does not authorize access to any part of the Site in any manner contrary
to the express provisions of this Agreement.
You further represent and warrant to the Company that
your agreement to these terms and conditions constitutes an agreement
that You shall not access, or attempt to access any materials available
at the Site in a manner not expressly authorized by the Company. You agree
and warrant that You shall at no time access view download, receive or
otherwise use, or cause or enable others to access, view, download, receive
or otherwise use materials directly or indirectly in places which the
Company does not authorize such access, viewing, downloading, receipt
or other use.
You hereby acknowledge that you understand that the
Company does not authorize the accessing, viewing, downloading, duplication,
receiving, transmission, broadcasting or other use of the materials contained
on the Site to or by and person, INCLUDING YOU, who is located in any
of the areas designated as PROHIBITED AREAS above.
You further acknowledge that you understand and agree
that any and all unauthorized access, viewing, downloading, receipt, duplication
or other use of materials from the Site, in which You are directly or
indirectly involved, including, but not limited to accessing, viewing,
downloading, receiving or other use of materials in PROHIBITED AREAS in
an manner shall constitute intentional infringement(s) of the Company's
and potentially others' intellectual property rights and other rights
in such materials and shall further constitute a violation of trademark
and other rights including, but not limited to rights of privacy.
BOOKMARKING - Bookmarking to a page on the Site whereby
the Warning page(s) and/or terms and conditions are by-passed shall constitute
an implicit acceptance of the terms and conditions herein and an explicit
acknowledgement of age of majority.
DISCLAIMERS - THE MATERIALS ON THE SITE ARE PROVIDED
"AS IS" WITHOUT ANY EXPRESSED OR IMPLIED WARRANTY OF ANY KIND
INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL
PROPERTY OR FITNESS FOR A PARTICULAR PURPOSE. THE SITE OFFERS NO ASSURANCE
OF UNINTERRUPTED OR ERROR FREE SERVICE. THE SITE DOES NOT WARRANT THE
ACCURACY OR COMPLETENESS OF THE INFORMATION, TEXT, GRAPHICS, LINKS OR
OTHER ITEMS CONTAINED ON THE SITE. ANY OF THE INFORMATION OFFERED ON THE
SITE MAY CHANGE AT ANY TIME WITHOUT NOTICE. TO THE EXTENT SUBSCRIBER IS
LOCATED WHERE SUCH DISCLAIMER IS INAPPLICABLE OR RESTRICTED, THE DISCLAIMER
MAY NOT APPLY AND SUBSCRIBER MAY HAVE LEGAL RIGHTS WHICH VARY FROM STATE
TO STATE OR JURISDICTION. THE SITE AND THE SITE OWNER MAKE NO REPRESENTATION
AS TO ANY OF THE INFORMATION FOUND AT THE SITE. SHOULD THE MATERIALS OR
SERVICES PROVIDED PROVE DEFECTIVE AND/OR CAUSE ANY DAMAGE TO EQUIPMENT
OR ANY LOSS OR INCONVENIENCE TO SUBSCRIBER OR ANYONE CLAIMING THROUGH
SUBSCRIBER, SUBSCRIBER ASSUMES THE ENTIRE COST AND RESPONSIBILITY FOR
SAME. IN THE EVENT THE SITE OR THE SITE OWNER ARE FOUND LIABLE FOR ANY
FAILURE TO PERFORM, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY OR OTHERWISE
AND REGARDLESS OF WHETHER BASED UPON BREACH OF CONTRACT, NEGLIGENCE OR
ANY OTHER CLAIM OR CAUSE OF ACTION, THE MAXIMUM LIABILITY OF THE SITE
AND THE SITE OWNER SHALL BE FOR NO MORE THAN THE AMOUNT OF THE SUBSCRIPTION
FEE PAID BY OR ON BEHALF OF THE SUBSCRIBER FOR THE PRECEDING MONTH. SOME
STATES OR JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY
FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION
MAY NOT APPLY. HOWEVER, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY
SHALL THE SITE OR THE SITE OWNER, OR ANY OF THEIR SUPPLIERS, LICENSEES,
AGENTS OR OTHER SUBSCRIBERS BE LIABLE, TO SUBSCRIBER OR OTHERS FOR ANY
INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER
INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSSES OF ANY KIND, INCLUDING
BUT NOT LIMITED TO, LOSS OF GOOD WILL, WORK STOPPAGE, COMPUTER OR OTHER
EQUIPMENT FAILURE OR MALFUNCTION.
Subscribers are responsible for providing all personal
computer and communications equipment necessary to gain access to the
Site. All materials on the Site are proprietary, constitute valuable intellectual
property, are copyrighted and are protected under treaty provisions and
worldwide copyright laws. The Site's materials may not be reproduced,
copied, edited, published, transmitted or uploaded in any way without
written permission. Except as expressly stated in the limited license
provision of these terms and conditions, purchase of a Membership does
not grant any express or implied right to you under any of its trademarks,
copyrights or other proprietary information. Except for third party advertisements
or communications, for which neither the Site nor the Site owner, screen
nor endorse, the Site's contents are controlled and operated by the Site
owner. No representation is made that the materials available on the Site
are appropriate or available for use in other locations, and access to
them from jurisdictions where their contents are illegal is prohibited.
These terms and conditions are to be governed and construed by Illinois
law. The application of the United Nations Convention of Contracts for
the International Sale of Goods is expressly excluded. In the event of
a dispute arising out of or relating to these terms and conditions, or
your use of or access to the Site, litigation must be brought in state
or federal court in the City of Chicago, Illinois. If the Site enables
Subscribers to share information with other Subscribers, Subscribers agree
not to submit, publish, or display on the Service any defamatory, inaccurate,
abusive, threatening, racially offensive, or illegal material. Transmission
of such material that violates any federal, state, or local law, is prohibited
and is a breach of this Agreement. Subscribers agree not to engage in
advertising to, or solicitation of other Subscribers to buy or sell any
products or services through the Site without prior written consent. Subscribers
are responsible for information they send, or display through the Site
even if a claim should arise after termination of service. All messages
shall be deemed to be readily accessible to the general public. Do not
use the Site for any communication for which the sender intends only the
sender and the intended recipient(s) to read. Notice is hereby given that
all messages entered into this Site can and may be read by the operators
of the Site, whether or not they are the intended recipient(s).
LINKS TO THIRD PARTY SITES - This Site may contain
links to other sites which are controlled by third parties. Those linked
sites are not under the control of the Site owner or operator and this
Site is not responsible for the contents of any linked site or any link
contained in a link site. The Site is providing those links to you only
as a convenience, and the inclusion of any link does not imply endorsement
by the Site of any other linked site.
MODIFICATION - The Site reserves the right, in its discretion,
to change or modify all or any part of these Terms and Conditions at any
time for any reason or no reason. Changes to the cancellation or refund
terms and rate increases will be effective fifteen (15) days notice to
existing subscribers. Any other changes will be effective immediately
once they are posted on the Site. Your continued use of the Site constitutes
your binding acceptance of these Terms and Conditions, including any changes
made by the Site, as permitted above. If you desire not to be bound by
any modification of these Terms and Conditions, you should stop using
the website. The updated, online version of these Terms and Conditions
shall supersede any prior version.
AUTHORIZATIONS AND PERMISSION TO SEND EMAILS TO YOU
- You hereby authorize and permit notices, advertisements, E-mail and
other communications to be sent to You from Company or its authorized
agents, assigns, representatives, advertisers and contractors by means
of e-mail, including without limitation e-mails, advertisements, notices
and other communications. Moreover, You agree that Your authorization
and permission to Company to send You such materials and communications
shall continue to be in effect unless and until You notify Company that
You wish to be deleted from Company's email list.
The subscriber hereby warrants and represents that
he or she is over the age of 18, and in all respects is qualified and
competent to enter into this agreement
Forward Looking Statements & Customer Testimonials - Grant Now employs forward looking statements that may or may not reflect your experience with the Grant Now offer. You agree that you understand that some or all of the testimonials on the Grant Now website are for promotional purposes and may or may not be from real users of Grant Now. These testimonials are used to reflect an average user experience and are strictly for promotional purposes.
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