Last Updated: July 12, 2019 WEBSITE. By continuing to access or use this website, or any service on this site, you signify YOUR ACCEPTANCE OF THESE TERMS OF SERVICE. From time to time, Little GrapevineTM LLC (“GrapevineTM,” “we,” “our” or “us”) may modify these terms and conditions of service. Accordingly, please continue to review these terms and conditions of service whenever accessing or using this website. Your use of this website, or any service on this site, after the posting of modifications to these terms and conditions of service will constitute YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS OF SERVICE, as modified. WHEN YOU COMPLETE AND SUBMIT ANY OPTIONAL REGISTRATION FORM THAT IS APPROVED BY LITTLE GrapevineTM, YOU ARE CONSIDERED TO BE A VIP MEMBER OF LITTLE GrapevineTM. IF YOU ACCESS AND USE LITTLE GrapevineTM THROUGH ANY OTHER WAY, YOU ARE CONSIDERED TO BE A REGULAR MEMBER. If, at any time, you do not wish to accept the terms and conditions of service, you may not use the website. Any terms and conditions proposed by you which are in addition to or which conflict with these terms and conditions of service are expressly rejected by GrapevineTM and shall be of no force or effect.
The Grapevine Offerings (as defined below) are owned and operated by Little GrapevineTM. You agree to the terms and conditions contained in the Agreement, in their entirety, when you (“User”): (a) access and/or use the GrapevineTM website located at www.littlegrapevine.com (the “Site”); (b) access certain text, images, video, audio, testimonials, blog posts and other content and information relating to investment opportunities, financial data and analysis, as well as information relating to the GrapevineTM Offerings, generally, as made available by: (i) GrapevineTM (collectively, “GrapevineTM Content”); (ii)VIP Members and/or Regular Members (as defined below) (“Member Content”); and (iii) other third-parties, including but not limited to, submitted or aggregated from sources outside GrapevineTM, expert commentary articles, videos and podcasts (“Third-Party Content,” and together with the GrapevineTM Content and Member Content, the “Content”); (c) access links to third-party websites and resources (“Third-Party Links”); (d) access, view and/or download the GrapevineTM videos and virtual presentations featuring executives from third-party companies or their representatives, such as but not limited to Investor Relation Firms (“GrapevineTM Videos”); (e) register, for free, to establish a GrapevineTM account (“Account”) as a VIP member (“Membership”) of the Site (“VIP Member”), which enables VIP Members to: (i) receive periodic VIP Member-only email newsletters delivered by GrapevineTM (“VIP Email”); (ii) receive exclusive email alerts delivered by GrapevineTM from time-to-time (“Special Email,” and together with the “VIP Email”, the “GrapevineTM Email”); and (iii) obtain access to the Site, which may contain compilations of GrapevineTM Email and will contain other non-exclusive Content; (f) access certain message boards, comment sections, messaging functionality and other interactive features of the GrapevineTM Offerings (“Interactive Services”); (g) register for the free email newsletter available to all Users (“Newsletter”) (h) access or use the site a if you have not registered with the GrapevineTM (“Regular Member”) (h) access links to the GrapevineTM and/or User social media pages/accounts appearing on third-party social media websites (collectively, “Social Media Pages”), such as Facebook®, LinkedIn® and Twitter® (collectively, “Social Media Websites,” and together with the Site, Content, GrapevineTM Email, Interactive Services, the “GrapevineTM Offerings”); and/or (i) otherwise affirmatively consent to these Terms and/or the Agreement.
These Terms are effective as of the date set forth above. Please print the Agreement for your records. A printed version of the Agreement will be valid, enforceable, and admissible in judicial or administrative proceedings based upon or relating to the Agreement to the same extent and subject to the same conditions as a paper agreement that you sign manually. Violations of the Agreement may result in suspension or termination of your Account.
We may amend the Agreement from time to time in our sole discretion, without specific notice to our Users; provided, however, that: (i) any amendment or modification to the arbitration provisions, prohibition on class action provisions or any other provisions applicable to dispute resolution (collectively, “Dispute Resolution Provisions”) shall not apply to any disputes incurred prior to the applicable amendment or modification; and (ii) any amendment or modification to pricing and/or billing provisions (“Billing Provisions”) shall not apply to any charges incurred prior to the applicable amendment or modification. The latest Agreement will be posted on the Site, and Users should review the Agreement in its entirety prior to using any GrapevineTM Offerings. By a User’s continued use of any GrapevineTM Offerings, that User hereby agrees to comply with all of the terms and conditions contained within the Agreement effective at that time (other than with respect to disputes arising prior to the amendment or modification of the Dispute Resolution Provisions, or charges incurred prior to the amendment or modification of the Billing Provisions, which shall be governed by the Dispute Resolution Provisions and/or Billing Provisions then in effect at the time of the subject dispute or incurred charges, as applicable).
Facebook® is a registered trademark of Facebook, Inc. (“Facebook”). LinkedIn® is a registered trademark of LinkedIn Corporation (“LinkedIn”). Twitter® is a registered trademark of Twitter, Inc. (“Twitter”). Please be advised that Company is not in any way affiliated with Facebook, LinkedIn or Twitter, nor are the Site Offerings endorsed, administered or sponsored by any of the foregoing entities.
The Site Offerings are available only to individuals who: (a) can enter into legally binding contracts under applicable law; (b) are eighteen (18) years of age or older (or the applicable age of majority, if greater than eighteen (18) years of age in their jurisdiction of residence); and (c) are either acting in their individual capacity or are acting in their capacity as duly authorized representatives of a valid business entity (“Entity”) (collectively, “Usage Requirements”). The Site Offerings are not intended for individuals who do not satisfy the Usage Requirements, including individuals under eighteen (18) years of age (or the applicable age of majority, if greater than eighteen (18) years of age in their jurisdiction of residence), individuals who cannot enter into legally binding contracts under applicable law and/or individuals attempting to register on behalf of an Entity who are not duly authorized representatives of that Entity. If a User does not satisfy the Usage Requirements in their entirety, that User does not have permission to access or use the Site Offerings. If you do not satisfy all of the Eligibility Requirements, you may not access the GrapevineTM Offerings.
You shall be responsible, at all times, for ensuring that you have an Internet connection, computer/mobile device, mobile telephone number, up-to-date Internet browser versions, a functioning e-mail account, applicable software, applicable hardware and/or other equipment necessary to access the GrapevineTM Offerings. GrapevineTM does not guarantee the quality, speed or availability of the Internet connection associated with your mobile device and/or computer. GrapevineTM does not guarantee that the GrapevineTM Offerings can be accessed: (i) on all Mobile Devices; (ii) through all wireless service plans; (iii) in connection with all Internet browsers; and/or (iv) in all geographical areas. Standard messaging, data and wireless access fees may apply to your use of the GrapevineTM Offerings. You are fully responsible for all such charges and GrapevineTM has no liability or responsibility to you, whatsoever, for any such charges billed by your wireless carrier.
In order to create an Account and utilize certain of the GrapevineTM Offerings, you may be required to become a VIP Member by submitting one or more registration forms (each, a “Form”). The information that you must supply on a Form may include, without limitation: (a) your full name; (b) your mailing/billing address; (c) your e-mail address; (d) your telephone number; (e) and/or any other information requested by us on the applicable registration Form (collectively, “Registration Data”). Each User agrees to provide true, accurate, current and complete Registration Data, as necessary, in order to maintain it in an up to date and accurate fashion.
GrapevineTM may reject a prospective VIP Member’s Form and/or terminate a VIP Member’s Account at any time and for any reason, in its sole discretion. Additionally, GrapevineTM may also prevent and/or terminate any Regular Member from visiting or using the Site at any time and for any reason, in its sole discretion. Such reasons may include, without limitation, where: (i) GrapevineTM believes that such prospective VIP Member and/or Regular Member is in any way in breach of the Agreement; (ii) GrapevineTM believes that such prospective VIP Member and/or Regular Member is engaged in any improper and/or unauthorized conduct in connection with the GrapevineTM’s Offerings; and/or (iii) GrapevineTM believes that such prospective VIP Member and/or Regular Member is, at any time, engaged in any activity by and/or through the GrapevineTM Offerings that may violate any applicable law. As part of the registration process, prospective VIP Members may be provided with, or select, a user name and/or password for their Account. If the user name(s)/password(s) that a prospective VIP Member requests is/are not available, that prospective VIP Member will be asked to supply another user name/password. If GrapevineTM provides a prospective VIP Member with a user name/password, that prospective VIP Member can change that user name and/or password, or the one that the prospective VIP Member selected during registration, at any time through her/his Account settings. We may, in our sole discretion, reject, change, suspend and/or terminate any user name. Profanity, obscenities, or the use of **asterisks** or other “masking” characters to disguise such words, is not permitted. Impersonating other VIP and/or Regular Members is prohibited. Each VIP Member agrees to notify GrapevineTM of any known or suspected unauthorized use(s) of her/his Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of her/his user name(s)/password(s). Each VIP Member shall be responsible for maintaining the confidentiality of her/his user name(s)/password(s) and Account. Each VIP Member agrees to accept responsibility for all activities that occur through use of her/his user name(s)/password(s) and Account, including any charges incurred therethrough. Any fraudulent, abusive or otherwise illegal activity engaged in by any VIP Member, or any entity or person with access to that Member’s user name(s)/password(s) and/or Account may be grounds for termination of that VIP Member’s Account, in GrapevineTM sole discretion, and that VIP Member may be reported to appropriate law enforcement agencies. Additionally, Any fraudulent, abusive or otherwise illegal activity engaged in by any Regular Member may be reported to appropriate law enforcement agencies.
Each User represents and warrants that it and its use of the GrapevineTM Offerings shall fully comply with all applicable local, state, national, federal and international laws including, without limitation, the Securities Act, the Securities Exchange Act of 1934, the Securities Litigation Reform Act of 1995 and any and all other applicable state and federal securities and banking laws (collectively, “Applicable Law”).
(a) General Terms. Subject to the terms and conditions of the Agreement, Users that possess the requisite technology shall have the opportunity to view, download and/or interact with all or some of the Content made available by and through the Site and/or other GrapevineTM Offerings. The Content shall at all times remain subject to the disclaimers set forth in Section 2 of these Terms, as well as elsewhere on the Site and in the Agreement. The Content is compiled, distributed and displayed by GrapevineTM, as well as third-party content providers, such as VIP and/or Regular Members and third-party entities/individuals (collectively, “Third-Party Providers”). GrapevineTM does not control the Content provided by Third-Party Providers that is made available by and through the GrapevineTM Offerings. Please be advised that GrapevineTM does not verify or fact-check statements made by Third-Party Providers in connection with the Content. Such Third-Party Providers are solely responsible for the accuracy, completeness, appropriateness, safety and/or usefulness of such Content. The Content should not necessarily be relied upon. GrapevineTM does not represent or warrant that the Content and other information posted by and/or through the GrapevineTM Offerings is accurate, complete, up-to-date or appropriate. Users understand and agree that GrapevineTM will not be responsible for, and GrapevineTM undertakes no responsibility to monitor or otherwise police, Content provided by Third-Party Providers. Users agree that GrapevineTM shall have no obligation and incur no liability to such Users in connection with any Content. Users may find certain Content to be outdated, harmful, inaccurate and/or deceptive. Please use caution, common sense and safety when using the Content. (b) Member Content. From time-to-time, GrapevineTM may publish articles, text, graphics, video, podcasts and other Member Content by and through the GrapevineTM Offerings. Each VIP and/or regular Member who makes Member Content available to GrapevineTM for publication by and through the GrapevineTM Offerings hereby irrevocably grants to GrapevineTM for good and valuable consideration, the receipt of which is hereby acknowledged, the worldwide right and license to use, reuse and publish any and all Member Content, in any and all forms of marketing and promotional material including, without limitation, print advertisements (“ads”), online ads, ads and other promotions appearing on GrapevineTM Social Media Pages and other Social Media Websites, email ads, television ads, radio ads, interactive media, as well as printed extracts and reproductions of any portion thereof (collectively, “Ads”), and for any and all other uses. Each VIP and/or Regular Member who makes Member Content available to GrapevineTM for publication by and through the GrapevineTM Offerings represents and warrants to GrapevineTM that: (i) such VIP and/or Regular Member has all of the rights and authority necessary to submit the Member Content for the uses contemplated hereunder, including the right to publish the Member Content; and (ii) the publication of the Member Content by such VIP and/or Regular Member, as well as GrapevineTM as contemplated hereunder, will not infringe upon or violate the rights of any third-party. Each VIP and/or Regular Member who makes Member Content available to GrapevineTM for publication by and through the GrapevineTM Offerings understands and agrees that: (A) the Member Content, in whole or in part, may be edited and/or dramatized, and that any part of the Member Content may be used without compensation to such VIP and/or Regular Member; and (B) no Ad or other material incorporating or making reference to the VIP and/or Regular Member Content need be submitted to such VIP and/or Regular Member for approval and GrapevineTM shall be without liability to such VIP and/or Regular Member for any distortion or illusionary effect resulting from its publication of the Member Content. Each VIP and/or Regular Member who posts Member Content expressly: (I) releases GrapevineTM from any and all claims that such VIP and/or Regular Member has or may have for breach of right of publicity, invasion of privacy, defamation, copyright infringement or any other claim or cause of action arising out of or in connection with any production, distribution, duplication, broadcast, exhibition, publication, Ad or promotion utilizing or incorporating the subject Member Content, or any other use of the subject Member Content whatsoever; and (II) acknowledges and agrees that GrapevineTM shall not be liable for any causes of action or claims related to the applicable Member’s decision to provide the Member Content to GrapevineTM. (c) Non-Endorsement. The publication of any Content provided by Third-Party Providers (including Member Content) by and through the GrapevineTM Offerings does not constitute and endorsement by GrapevineTM of the subject Third-Party Provider.
Members will have access to the GrapevineTM Site. The Site shall contain a catalogue of past and current GrapevineTM content, that GrapevineTM believes will be of interest to those VIP and/or Regular Members. The Site may also contain a catalogue of past and current GrapevineTM VIP email and/or Newsletters, that GrapevineTM believes will be of interest to those Members. However, Regular Members will not have access to any GrapevineTM VIP Email or Newsletter unless they complete and submit the proper registration form to become an VIP Member that is approved by GrapevineTM content made available by and through any portion of the Site shall at all times remain subject to the disclaimers set forth in Section 2 of these Terms, as well as elsewhere on the Site and in the Agreement.You understand and agree that GrapevineTM shall not be liable to you, any other VIP and/or Regular Member, User or any third-party for any claim in connection with your use of, or inability to use, the Site.
Users will have access to the GrapevineTM Videos made available by and through the GrapevineTM Offerings from time-to-time. The GrapevineTM videos will feature third-party companies and give executives and/or their representatives (together “All Executives”) from those companies the opportunity to present themselves to the investing public. Please be advised that the featured companies depicted in the GrapevineTM Videos, or the applicable companies’ investor relation firms, pay a standard fee of up to $6,000 to GrapevineTM to host, archive and distribute GrapevineTM Videos for one year. Companies may also pay up to $1,500 to present at Little Grapevine virtual conference events.
Please be advised that GrapevineTM does not verify or fact-check statements and/or other material made by all Executives in connection with the GrapevineTM Videos. The publication of GrapevineTM Videos does not constitute an endorsement by GrapevineTM of the subject companies, All Executives and/or Executive Content. GrapevineTM does not control the Executive Content provided by All Executives in connection with the GrapevineTM Videos. Such All Executives are solely responsible for the accuracy, completeness, appropriateness, safety and/or usefulness of such Executive Content. The Executive Content should not necessarily be relied upon. GrapevineTM does not represent or warrant that the Executive Content is accurate, complete, up-to-date or appropriate. Users understand and agree that GrapevineTM will not be responsible for, and GrapevineTM undertakes no responsibility to monitor or otherwise police, Executive Content. Users agree that GrapevineTM shall have no obligation and incur no liability to such Users in connection with any Executive Content. Users may find certain Executive Content to be outdated, harmful, inaccurate and/or deceptive. Please use caution, common sense and safety when using the Executive Content.
GrapevineTM Parties may hold positions in stocks of companies associated with GrapevineTM Videos. However, employees of GrapevineTM are restricted from trading securities that are covered in GrapevineTM Videos until the initial publication of such GrapevineTM Videos, accompanied by an announcement by either Little Grapevine or the Featured Company that the GrapevineTM Videos have been published. (“Quiet Period”).. During the Quiet Period, trading restrictions will remain in effect in cases where the company announces its participation (whether it be intent to join or the action of joining) in a GrapevineTM series. The only exception to these restrictions will be if the company featured in the GrapevineTM Video releases other news during the Quiet Period that would materially affect a trading decision.
(a) Subject to the restrictions contained herein including, without limitation, those contained below, the Interactive Services may allow Users to post comments, text, video, content and engage in other interactive communication, by and through the GrapevineTM Offerings. In connection with the Interactive Services, each User shall be solely responsible for the comments, opinions, statements, offers, propositions, feedback and other content (collectively, “Feedback”) posted by and through the Interactive Services. GrapevineTM reserves the right to prohibit any conduct by Users, or to remove any materials or Feedback posted by Users by and through the Interactive Services, that GrapevineTM deems, in its sole and absolute discretion, to be in violation of the Agreement and/or which GrapevineTM believes to be illegal, potentially harmful to others, otherwise objectionable or that same may expose GrapevineTM to harm, damage to reputation or liability. Notwithstanding the foregoing, GrapevineTM undertakes no responsibility to monitor or otherwise police the actions of Users, Feedback and/or other material posted by Users and/or other third parties. GrapevineTM shall have no obligation and incur no liability to such Users in connection with any Feedback. Users may find certain Feedback to be outdated, harmful, inaccurate and/or deceptive. Please use caution, common sense and safety when viewing Feedback. You agree to use the Interactive Services in a manner consistent with, and in full compliance with, any and all applicable laws and regulations. (b) In connection with your use of the Interactive Services and other of the GrapevineTM Offerings, you agree not to: (i) display any telephone numbers, street addresses, last names, URLs, e-mail addresses or any confidential information of any third party; (ii) display any audio files, text, photographs, videos or other images containing confidential information; (iii) display any audio files, text, photographs, videos or other images that may be deemed indecent or obscene in your community, as defined under applicable law; (iv) impersonate any person or entity; (v) “stalk” or otherwise harass any person; (vi) engage in unauthorized advertising to, or commercial solicitation of, other Users; (vii) transmit any chain letters, spam or junk e-mail to other Users; (viii) express or imply that any statements that you make are endorsed by GrapevineTM, without GrapevineTM specific prior written consent; (ix) harvest or collect personal information of other Users whether or not for commercial purposes, without their express consent; (x) use any robot, spider, search/retrieval application or other manual or automatic device or process to retrieve, index, “data mine” or in any way reproduce or circumvent the navigational structure or presentation of the GrapevineTM Offerings; (xi) post, distribute or reproduce in any way any copyrighted material, trademarks or other proprietary information without obtaining the prior consent of the owner of such proprietary rights; (xii) remove any copyright, trademark or other proprietary rights notices contained on the Site; (xiii) interfere with or disrupt the GrapevineTM Offerings and/or the servers or networks connected to same; (xiv) post, offer for download, e-mail or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (xv) post, offer for download, transmit, promote or otherwise make available any software, product or service that is illegal or that violates the rights of a third party including, but not limited to, spyware, adware, programs designed to send unsolicited advertisements (i.e. “spamware”), services that send unsolicited advertisements, programs designed to initiate “denial of service” attacks, mail bomb programs and programs designed to gain unauthorized access to mobile networks; (xvi) “frame” or “mirror” any part of the Site without GrapevineTM prior written authorization; (xvii) use metatags or code or other devices containing any reference to any GrapevineTM Offerings in order to direct any person to any other mobile application or website for any purpose; and/or (xviii) modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the GrapevineTM Offerings or any software used in or in connection with the GrapevineTM Offerings. GrapevineTM reserves the right to pursue any and all legal remedies against Users that engage in the aforementioned prohibited conduct.
The Site contains links to the various GrapevineTM Social Media Pages. The Social Media Pages are hosted and made available on third-party Social Media Websites by third-party entities. Your use of Social Media Pages and Social Media Websites shall be governed by those Social Media Websites’ applicable agreements, terms and conditions. You understand and agree that GrapevineTM shall not be liable to you, any other User or any third-party for any claim in connection with your use of, or inability to use, the Social Media Pages and/or Social Media Websites.
The GrapevineTM Offerings, as well as the organization, graphics, design, compilation, magnetic translation, digital conversion, software, services and other matters related to same, and all GrapevineTM logos, symbols, expansion names and symbols, play level symbols, trade dress or “look and feel,” and all derivative works or modifications of/to any of the foregoing, and all related and underlying intellectual property (including, without limitation, patents, trademarks, trade secrets and copyrights), are the sole and exclusive property of GrapevineTM. We reserve all rights not expressly granted herein. Except as expressly set forth herein, no right or license is granted hereunder, express or implied or by way of estoppel, to any intellectual property rights and your use of the GrapevineTM Offerings does not convey or imply the right to use the GrapevineTM Offerings in combination with any other information or products. The posting of information or material by and through the GrapevineTM Offerings does not constitute a waiver of any right in or to such information and/or materials. The “GrapevineTM” name and logo are trademarks of GrapevineTM, LLC. The use of any GrapevineTM trademark without GrapevineTM express written consent is strictly prohibited.
Each User is granted a non-exclusive, non-transferable, revocable and limited license to access and use the GrapevineTM Offerings. GrapevineTM may terminate this license at any time for any reason. Unless otherwise expressly authorized by GrapevineTM in writing in each instance, Users may only use the GrapevineTM Offerings for their own personal, non-commercial use. No part of the GrapevineTM Offerings may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. No User or other third-party may use any automated means or form of scraping or data extraction to access, query or otherwise collect material from the GrapevineTM Offerings except as expressly permitted by GrapevineTM. No User or other third-party may use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the GrapevineTM Offerings, or any portion thereof. No User or other third-party may create any “derivative works” by altering any aspect of the GrapevineTM Offerings. No User or other third-party may use the GrapevineTM Offerings in conjunction with any other third-party content. No User or other third-party may exploit any aspect of the GrapevineTM Offerings for any commercial purposes not expressly permitted by GrapevineTM. Each User further agrees to indemnify and hold GrapevineTM harmless for that User’s failure to comply with this Section 15. GrapevineTM reserves any rights not explicitly granted in the Agreement.
(a) Abuse. In accessing the GrapevineTM Offerings, you represent and warrant to us that you: (i) will not engage in any activity that interrupts or attempts to interrupt the operation of the GrapevineTM Offerings; (ii) will not engage in any money laundering or similar behavior; (iii) will not engage in the sale or brokering of any securities, debt instruments, investment opportunities or similar commercial endeavors; and (iv) will comply with the rules, regulations and policies applicable to any applicable Social Media Websites. (b) Hacking, Tampering or Unauthorized Access. Any attempt to gain unauthorized access to our systems or any other User’s Account, interfere with procedures or performance of any GrapevineTM Offerings, or deliberately damage or undermine any GrapevineTM Offerings is subject to civil and/or criminal prosecution and will result in immediate termination of your Account. You acknowledge that we are not responsible for any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access to or use of the GrapevineTM Offerings or your Account. (c) Restrictions. Any use, reproduction or redistribution of the GrapevineTM Offerings, or related services not expressly authorized by the Agreement is expressly prohibited. You may not engage in, or assist others in engaging in, conduct that would damage or impair our property including, without limitation: (i) copying, distributing, transmitting, displaying, performing, framing, linking, hosting, caching, reproducing, publishing, licensing, or creating derivative works from any information, software, products or services obtained from us; (ii) providing unauthorized means through which others may use the GrapevineTM Offerings, such as through server emulators; (iii) taking actions that impose an unreasonable or disproportionately large load on our or our suppliers’ network infrastructure, or that could damage, disable, overburden or impair the GrapevineTM Offerings; (iv) interfering with any other party’s use and/or enjoyment of the GrapevineTM Offerings; and/or (v) attempting to gain unauthorized access to third-party Accounts and/or the GrapevineTM Offerings.
WITHOUT LIMITING ANY OF THE DISCLAIMERS SET FORTH IN SECTION 2 OF THESE TERMS, OR APPEARING ELSEWHERE ON THE SITE AND/OR IN THE AGREEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
(1) WE MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE LEGALITY OF YOUR USE OF THE GrapevineTM OFFERINGS, OR RELATED SERVICES, AND NO PERSON AFFILIATED, OR CLAIMING AFFILIATION, WITH US SHALL HAVE THE AUTHORITY TO MAKE ANY SUCH REPRESENTATIONS OR WARRANTIES.
THE GrapevineTM OFFERINGS, AND ALL RELATED DOWNLOADS, SERVICES, PRODUCTS, INFORMATION, CONTENT AND DATA MADE AVAILABLE BY OR THROUGH THE GrapevineTM OFFERINGS ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE BASIS,” AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, OR FREEDOM FROM VIRUS OR OTHER DISABLING ROUTINE, OR INTERRUPTION, OR NON-INFRINGEMENT, AND YOU ASSUME THE ENTIRE RISK WITH RESPECT THERETO. USE OF THE INTERNET AND TELECOMMUNICATIONS SYSTEMS IS INHERENTLY RISKY, AND YOU DO SO AT YOUR OWN RISK. WITHOUT LIMITING THE FOREGOING, GrapevineTM MAKES NO WARRANTY THAT: (A) THE GrapevineTM OFFERINGS WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (B) ANY INFORMATION OBTAINED THROUGH THE GrapevineTM OFFERINGS (INCLUDING THE CONTENT) WILL BE ACCURATE OR RELIABLE; (C) ANY DEFECTS IN THE GrapevineTM OFFERINGS WILL BE CORRECTED; (D) THE GrapevineTM OFFERINGS WILL BE COMPATIBLE WITH ANY SPECIFIC PC, HARDWARE, MOBILE DEVICE, WIRELESS NETWORK OR SERVICE; (E) THE GrapevineTM OFFERINGS WILL BE FREE FROM TECHNICAL ERROR, OR OTHER ERROR OF ANY KIND, WHETHER HUMAN, MECHANICAL OR ELECTRONIC; (F) THE GrapevineTM OFFERINGS WILL RESULT IN ANY POSITIVE INVESTMENT OUTCOME, ECONOMIC BENEFIT OR GAIN; OR (G) THE GrapevineTM OFFERINGS WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GrapevineTM AND/OR THROUGH THE GrapevineTM OFFERINGS SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT. WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM, RELATING TO OR ARISING OUT OF VIOLATIONS OF THE AGREEMENT BY OTHER USERS AND/OR MEMBERS AND WE HAVE NO RESPONSIBILITY TO ENFORCE THE AGREEMENT FOR THE BENEFIT OF ANY USER. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES. AS SUCH, THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU IN ITS ENTIRETY.
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE GrapevineTM PARTIES WILL NOT BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST DATA OR LOSS OF GOODWILL), OR INCIDENTAL DAMAGES, WHETHER BASED ON A CLAIM OR ACTION OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, INDEMNITY OR CONTRIBUTION, OR OTHERWISE, EVEN IF THE APPLICABLE GrapevineTM PARTY(IES) HAS/HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITY, ARISING OUT OF OR RELATING TO THE AGREEMENT, THE GrapevineTM OFFERINGS, OR ANY INFORMATION, SERVICES, PRODUCTS OR SOFTWARE MADE AVAILABLE OR ACCESSIBLE TO YOU BY AND THROUGH SAME, INCLUDING, BUT NOT LIMITED TO, FOR: (A) THE USE OR THE INABILITY TO USE THE GrapevineTM OFFERINGS; (B) UNAUTHORIZED ACCESS TO, OR ALTERATION OF, YOUR REGISTRATION DATA AND/OR ACCOUNT; (C) ANY ISSUE RELATED TO THE TIMELINESS, ACCURACY OR RELIABILITY OF THE GrapevineTM OFFERINGS INCLUDING, WITHOUT LIMITATION, THE INFORMATION AND CONTENT; (D) YOUR FAILURE TO REALIZE ANY DESIRED INVESTMENT OUTCOME, ECONOMIC BENEFIT OR GAIN; (E) ANY TECHNICAL ERROR OR OTHER ERROR OF ANY KIND, WHETHER HUMAN, MECHANICAL OR ELECTRONIC, ASSOCIATED WITH ANY OF THE GrapevineTM OFFERINGS; AND/OR (F) ANY OTHER MATTER RELATING TO THE GrapevineTM OFFERINGS.
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE MAXIMUM LIABILITY OF THE GrapevineTM PARTIES TO YOU ARISING OUT OF OR IN ANY WAY CONNECTED TO THE AGREEMENT, THE GrapevineTM OFFERINGS, OR ANY INFORMATION, SERVICES, PRODUCTS OR SOFTWARE MADE AVAILABLE OR ACCESSIBLE TO YOU BY AND THROUGH SAME SHALL NOT EXCEED FIVE HUNDRED DOLLARS ($500.00). THE EXISTENCE OF ONE OR MORE CLAIMS BY YOU WILL NOT INCREASE THE LIABILITY OF THE GrapevineTM PARTIES.CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL OR CERTAIN OTHER TYPES OF DAMAGES. AS SUCH, THE LIMITATIONS AND EXCLUSIONS SET FORTH IN THIS SECTION 18 MAY NOT APPLY TO YOU.
(j)California User Consumer Rights. In accordance with Cal. Civ. Code Sec. 1789.3, California State resident Users may file grievances and complaints with the California Department of Consumer Affairs, 400 R Street, Ste. 1080, Sacramento, CA 95814; or by phone at 916-445-1254 or 800-952-5210; or by email to firstname.lastname@example.org.
(k) Conflicting Terms. To the extent that anything in or associated with the GrapevineTM Offerings is in conflict or inconsistent with the Agreement, the Agreement shall take precedence. The parties do not intend that any agency or partnership relationship be created through operation of the Agreement. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
Contact Little Grapevine For this information (email@example.com, (954) 494-4276, 599 South West Second Avenue, Fort Lauderdale, FL 33301)
To the extent permitted by law, each User agrees that it will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that it may have against GrapevineTM and/or its employees, officers, directors, members, representatives and/or assigns. Each User agrees to the entry of injunctive relief to stop such a lawsuit or to remove it as a participant in the suit. Each User agrees to pay the attorney’s fees and court costs that GrapevineTM incurs in seeking such relief. This provision preventing Users from bringing, joining or participating in class action lawsuits: (A) does not constitute a waiver of any User’s rights or remedies to pursue a claim individually and not as a class action in binding arbitration as provided above; and (B) is an independent agreement. Any User may opt-out of these dispute resolution provisions by providing written notice of her/his decision within thirty (30) days of the date that it first accesses the Site.