OUR VALUES AT GRASSHOPPHER
PRELIMINARY LEGAL TERMS.
- Age Restrictions.
- You must be at least thirteen (13) years of age to use the Application. By using the Application, you represent and warrant that you are at least thirteen (13) years of age and that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. In no case are persons under the age of thirteen (13) years permitted to use the
- If you are under eighteen (18) years of age, you are not permitted to use the Application without the consent of your parent or legal guardian. By using the Application, you agree that you have the permission of your parent or guardian.
- We may offer additional Applications with additional terms that may require you to be even older to use them. So please read all terms carefully.
- “Signing” of Agreement. You “sign” and accept this Agreement by (a) creating an account in order to enter the site or (b) clicking “Agree” at the bottom of this Agreement.
APPLICATION FUNCTIONALITY; ACCESS.
- Our Application; Application Functionality. You must conduct yourself appropriately and within the bounds of applicable law when using the Application. Use of the Application is a privilege and not a right. GrasshoppHer may suspend or deactivate your account or disable access to the Application at any time as detailed in Sections 8, 9 and 18.
- Creation of Your Account; Account Rights.
- You must create an account to use any part of the Application. Certain information is required in order for you to establish an account. This information includes information stored by GrasshoppHer: your user-created username, password, full name, email, age, and city and state of residence. All information obtained or retained by a third party processor resulting from your use of the Application remains subject to their policies, including their privacy or similar policies, which you should review before you use this Application. All of the information you provide to GrasshoppHer must be accurate and complete. You agree to keep this information up to date; failure to do so may result in termination of your account or an inability to access the Application. Other information is optional, and you are not required to provide it.
- You promise that: (i) you will be the only person accessing the Application through the account you create, (ii) you will keep your account credentials, including password, secure, and (iii) you will notify GrasshoppHer of any suspected breach of security or unauthorized use of your account. You are responsible for all actions that are performed with, by or under your account credentials whether done by you or by others. We are not liable for any damages that result from unauthorized account access or use.
- If you wish to delete your account, please contact GrasshoppHer at: firstname.lastname@example.org.
- The Application offers specific functionality that may be subject to regulation under applicable laws, ordinances, rules or regulations (“Applicable Laws”). Before you create an account, you should ensure your use of the Application complies with Applicable Laws.
- Your Use.
- Your account is for your personal use only. You may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other individual.
- It is solely your responsibility to keep your account information and password secure. You acknowledge that GrasshoppHer is not liable for third-party access to your account that results from theft or misappropriation of your user name and password.
- In addition to the terms set forth below, you agree not to provide inaccurate, misleading, or false information to GrasshoppHer or to any other user. If information provided to GrasshoppHer or another user subsequently becomes inaccurate, misleading, or false, you will promptly update the information.
- Suspension of Access. Use of the Application is a privilege and not a right. GrasshoppHer may suspend, deactivate, limit or disable access to your account and the Application, as set forth in Section 9.
- Content & Your Use.
- You are solely responsible for the use of your account, how you use the Application and your interactions with third parties through your use of the Application. In the event you use the Application to access other third party applications, services or websites, you remain subject to the terms of such application, service or website. As GrasshoppHer does not control the content, privacy policies, or practices of any third party applications, services or websites, we encourage you to read (and you must comply with) such application, service or website’s terms and policies. GrasshoppHer is not responsible for your use or misuse of any third party applications, services or websites. You understand and agree that GrasshoppHer may, but is not obligated to, review and delete (without notice) any information or content that GrasshoppHer in its sole discretion determines violates this Agreement, violates the rights of another person or entity, or which might be offensive, illegal or threaten the safety of others.
- The Data will be stored using a third party web hosting service and this license is subject to agreements we have with such third party web hosting service.
- With respect to your use of the Application, you represent, warrant and covenant that it:
- Is not intended to result in shaming, degradation, harassment, bullying, blackmailing or intimidation of any person, whether or not they are a user of the Application and whether or not such activity is against any law or the letter or spirit of this Agreement;
- Is accurate and complete, including all of your account information;
- Is not misleading in any way;
- Does not facilitate or encourage any violations of this Agreement;
- Does not disseminate another person’s personal information without his or her permission;
- Does not promote racism, bigotry, hatred, or physical harm of any kind against any group or individual;
- Does not depict nudity, violence, drug use, or animal cruelty;
- Is not obscene, defamatory, disparaging, slanderous, libelous, or pornographic;
- Does not violate the privacy rights, publicity rights, copyrights, trademark rights, contract rights, or any other rights of any person;
- Is not in any way used for or in connection with “spamming,” “phishing,” “trolling,” or similar activities;
- Does not result from unlawful activities;
- Does not disclose confidential information of a third party; and
- Does not result in disclosure of personally identifiable information about a child under the age of thirteen (13) years.
If you take any of the above actions or breach any of the above restrictions in contravention of any representation, warranty or covenant you made, we can immediately terminate or suspend your use of the Application in our sole discretion, among other courses of action.
- You agree to promptly report to GrasshoppHer any violation of this Agreement by others.
- You agree that you will not solicit anyone’s participation in the Application or communicate with anyone using the Application unless you have their prior consent to take such action.
- License to Use Your Content; Release.
- You may terminate the license you have granted to GrasshoppHer by removing or deleting (or writing to GrasshoppHer to remove or delete) the Application from the device you own and control. Copies of the Data may remain on the servers of our third party web hosting service until such time as the Data is overwritten or otherwise deleted.
- GrasshoppHer retains ownership of its trademarks, copyrights, trade secrets and other protected intellectual property, as do all users. Nothing in this Agreement transfers ownership of such rights.
RIGHTS TO APPLICATION.
- No License to Use Content Provided by Other Users. Unless expressly authorized by us in writing, you are not granted permission to copy, frame, embed, or otherwise disseminate aggregated or specific content that GrasshoppHer provides to you or that you obtain through use of the Application.
- GrasshoppHer Intellectual Property. GrasshoppHer and/or its licensors retain ownership of all intellectual property rights relating to GrasshoppHer, the Application, GrasshoppHer’s trademarks and copyrights, and any Application-related software, data, text, images, graphics, logos, user interface, and videos displayed through the Application. You are authorized to use GrasshoppHer materials only as expressly authorized at the point of interacting with of such materials.
- Integrity of the Application. You agree not to take any action to: (a) harm the Application, GrasshoppHer or other users through use of the Application; (b) interfere with the Application’s operation; (c) circumvent, disable or otherwise interfere with security-related features or digital rights management functions of the Application; (d) access or copy the Application’s underlying technology; or (e) hack, reverse engineer, or disable any technology within or used by the Application.
NO WARRANTY; LIMITATION OF LIABILITY; INDEMNIFICATION.
- ASSUMPTION OF RISK. You assume all risks when using the Application, including but not limited to all of the risks associated with any online or offline interactions with other users.
- NO WARRANTY.
- THE APPLICATION IS PROVIDED FOR “AS IS,” WITH NO WARRANTIES WHATSOEVER, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
- You alone are responsible for the decisions, consequences and other actions resulting from your use of the Application.
- Limitation of Liability for Damages.
- TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL GRASSHOPPHER, INC. BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM THIS AGREEMENT, USE OF THE APPLICATION, USE OF CONTENT PROVIDED UNDER SECTION 6 ABOVE, OPERATION OF THE APPLICATION, ACTIONS RESULTING FROM YOUR USE OF THE APPLICATION, REGARDLESS OF THE THEORY OF LIABILITY, INCLUDING EXPRESS CONTRACT, IMPLIED CONTRACT, NEGLIGENCE, WARRANTY, OR MISREPRESENTATION, AND WHETHER OR NOT GRASSHOPPHER, INC. IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- As used in this section, “GrasshoppHer, Inc.” includes GrasshoppHer, its officers, directors, employees, contractors, agents, members, parent, subsidiaries, related business entities, successors, assigns, and clients.
- BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, THE LIABILITY OF GRASSHOPPHER, INC., ITS OFFICERS, DIRECTORS, STOCKHOLDERS, EMPLOYEES, AFFILIATES, AGENTS, LICENSORS, CLIENTS, AND SUPPLIERS IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
- IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
- Indemnification; Cooperation.
- You acknowledge that your account with GrasshoppHer and your use of the Application is based upon the truth of the promises, pledges, statements, representations, warranties and covenants made by you in this Agreement. By agreeing to be bound by this Agreement and using the Application, you indemnify, hold harmless, and agree to defend GrasshoppHer against all damages, losses, judgments, penalties, expenses, costs, and fees (including reasonable attorneys’ fees) incurred by, or awarded or assessed against GrasshoppHer in connection with any third party (including domestic or foreign governments or agencies) assertion inconsistent with the promises, pledges, statements, representations, warranties and covenants. This obligation extends to GrasshoppHer, its officers, directors, employees, contractors, agents, members, parent, subsidiaries, related business entities, successors and assigns. These obligations survive termination of this Agreement.
- In addition to the obligation of indemnification, above, you agree to use your best efforts to assist GrasshoppHer in the investigation and resolution of any third party claim or assertion inconsistent with your representations and warranties. You agree to provide such assistance promptly upon receipt of notice from GrasshoppHer of such claim or assertion and at no charge.
- Termination of Access; Termination of Agreement.
- In the exercise of its discretion and in addition to the suspension terms included in Section 9 above, GrasshoppHer may suspend your access to the Application at any time. GrasshoppHer may take such actions with or without prior notice to you and without liability to you if GrasshoppHer feels you are violating the letter or spirit of this Agreement.
- In the exercise of your discretion, you may cease using the Application and cease submitting Data. You may take such actions with or without prior notice to GrasshoppHer and without any liability for such cancellation to GrasshoppHer. If you notify GrasshoppHer of your decision to terminate your access to the Application, GrasshoppHer shall take reasonable steps to block access to and delete any Application-related Data. Not using, and potentially losing access to, the Application is your sole remedy in the event you are dissatisfied with GrasshoppHer or the Application.
- The terms of Sections 6 and 10 through 17 shall survive termination of this Agreement.
GENERAL LEGAL TERMS.
- The Application is Delivered from Ann Arbor, Michigan. This Agreement is executed (signed) and performed in Ann Arbor, Michigan. You agree that the Application is made available from Ann Arbor, Michigan, The Application shall be deemed a passive website that does not give rise to personal jurisdiction over GrasshoppHer, either specific or general, in jurisdictions other than Michigan.
- Force Majeure. Except for the obligation to pay monies due and owing, neither party shall be liable for any delay or failure in performance due to events outside the party’s reasonable control, including third party service failures, distributed denial of service (DDoS) attacks, acts of God, bandwidth interruptions, general network outages, earthquake, labor disputes, shortages of supplies, riots, war, fire, epidemics, or delays of common carriers. The obligations and rights of the excused party shall be extended on a day to day basis for the time period equal to the period of the excusable delay. The party affected by an excusable delay shall notify the other party as soon as possible, but in no event less than ten (10) days from the beginning of the event.
- No Implied Waiver. No waiver by GrasshoppHer shall be implied. Any waiver of any term of this Agreement must be in writing and signed by an officer of GrasshoppHer.
- If any portion of this Agreement is found to be unenforceable, such portion will be modified to reflect the parties’ intention and only to the extent necessary to make it enforceable. The remaining provisions of this Agreement will remain in full force and effect.
- Statute of Limitations. Any litigation or other dispute resolution arising out of or related to this Agreement must be commenced within one (1) years after the date of the event giving rise to the claim. Otherwise, such causes of actions are permanently barred.
- International Considerations. GrasshoppHer makes no representations that the Application is appropriate or available for use in locations other than the United States and the Application should be used only in the United States. Those who access or use the Application from outside the U.S. do so at their own volition and are responsible for compliance with applicable laws.
- GrasshoppHer may assign, subcontract, delegate, and transfer its rights and obligations under this Agreement to a third party. You are prohibited from transferring a device or any credentials that would allow anyone else to access your instance of the Application.
- Entire Agreement. This Agreement (including the documents referenced in Section 1, above) is the entire agreement between you and GrasshoppHer relating to the stated subject matter. It can be modified by the parties in a writing signed by both parties, or by a change to these terms as expressly set forth in this Agreement.
- Choice of Law, Jurisdiction, and Venue. The validity, interpretation, and performance under this Agreement shall be controlled by and construed under the laws of the State of Michigan, United States of America, as if performed wholly within the state and without giving effect to the principles of conflicts of law. You agree that jurisdiction and venue for are exclusive in the Washtenaw County Circuit Court in Washtenaw County or the U.S. District Court for the Wastern District of Michigan. The parties specifically disclaim the UN Convention on Contracts for the International Sale of Goods.
- WAIVER OF CLASS ACTIONS AND CLASS ARBITRATIONS. YOU AND GRASSHOPPHER AGREE THAT EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER PARTY ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, INCLUDING WITHOUT LIMITATION FEDERAL OR STATE CLASS ACTIONS, or CLASS ARBITRATIONS. ACCORDINGLY, UNDER THE ARBITRATION PROCEDURES OUTLINED IN THIS SECTION, AN ARBITRATOR SHALL NOT COMBINE OR CONSOLIDATE MORE THAN ONE PARTY’S CLAIMS WITHOUT THE WRITTEN CONSENT OF ALL AFFECTED PARTIES TO AN ARBITRATION PROCEEDING.
- Nature of Agreement. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement. This Agreement does not create any right that may be enforced by a third party.
- California Users and Residents. By the terms of California Civil Code Section 1789.3, any and all comments, questions or concerns can be addressed and sent to us via certified mail to: Agent of GrasshoppHer, Inc. 16192 Coastal Highway, Lewes, Delaware 19958 USA. California users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Applications of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA.