PLEASE READ THESE TERMS CAREFULLY. USE OF THE SERVICES CONSITUTES ACCEPTANCE OF THESE TERMS. THESE TERMS IMPOSE BINDING LEGAL OBLIGATIONS UPON YOU AND GRANDPAD.
These Terms will continue in force and effect for as long as you use the Services unless we inform you otherwise. We reserve the right to change these Terms at any time in our business discretion. We will make reasonable efforts to notify Users of changes to the Terms via the GrandPAD Website or via the Services.
GrandPAD User Accounts and Fees
All Users of the Services must register and establish a user account (a "User Account") before accessing and using them for the first time. The Services are provided on a month-to-month subscription. Subject to the payment of all applicable fees, GrandPAD and the User will give each other at least one month's notice prior to terminating a subscription. GrandPAD reserves the right to terminate the User Account and all access to the Services without prior notice for a material breach of these terms by the User.
A person may establish and maintain a User Account for the benefit of a family member or other person. In such cases, the person registering for and administering the User Account (the "Registered User") will remain responsible for all account administration, subscription fees, and all access and use of the Services occurring via the User Account. Only one person will be a Registered User per User Account. Each person that a Registered User authorizes to access and use the Services will be considered a "User" subject to these Terms.
The Registered User agrees to pay the subscription, setup, shipping and handling fees charged by GrandPAD by credit card, direct funds transfer, or other means acceptable to GrandPAD. The subscription fees are payable in advance each month and will be in the amount stated in the current price schedule available via the GrandPAD Website. GrandPAD may waive the subscription fee during any applicable trial or evaluation subscription period.
GrandPAD may enter a Master Services Agreement with a person desiring to obtain the Services for the person's employees, agents, customers, or other third parties as the person determines. If the Services are provided to you pursuant to a Master Services Agreement, the subscription fees and other terms of the Master Services Agreement will supersede any conflicting provisions of these Terms.
The Services are provided via a tablet computer with GrandPAD applications and system software pre-installed and configured for the User (the "Tablet"). We only provide Tablets on a monthly subscription basis in conjunction with the Services. The Tablets are manufactured by a third party computer device manufacturer and are provided subject to all applicable manufacturer's specifications and product warranties. We may provide access to the manufacturer's user manual or other relevant documentation via the GrandPAD Website.
If a Tablet fails to perform as warranted during the term of a Services subscription, we will replace it free of charge. We do not warrant or guaranty that the Tablets will meet all User needs or be suitable for all intended uses. We reserve the right to seek reimbursement from Users for any Tablets that are damaged or destroyed through misuse.
The Registered User is required to provide personal information to establish a User Account. The Registered User may also add contact and other personal information for family members and third parties (collectively, the "User Data") via the account administration functionality of the Services.
We will use the User Data to maintain your User Account and provide you with the Services functionality and features. We may use your User Data to send you announcements, administrative messages, and other information about the Services. You may be able to opt out of some of these communications.
Use of the Services
GrandPAD grants you the right to access and use the Services for your own individual purposes.
Use of the Services is subject to the restrictions stated below. These restrictions enable us to control, maintain, and enhance the Services for the benefit of all Users.
Do not attempt to access or use the Services in any way other than through the standard interface. Do not attempt to rent, license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make the Services available to any third party. Do not use another software program or other technology to interoperate with, extract data or content, or scrape or frame any data or content from the Services. Do not attempt to copy or create derivative works based on the Services, either on your own or through any third party. Do not attempt to produce a source listing, decompile, disassemble, or otherwise reverse engineer the Services. Do not attempt to gain unauthorized access to any data stored in the Services.
You may not remove or obscure any notices or markings, including without limitation, copyright, trademark, or confidentiality notices, or ownership notices provided via the Services, including any screen displays.
We reserve the right to terminate your use of the Services immediately and without prior notice if you violate the foregoing usage restrictions or otherwise violate these Terms.
The Services enable users to use, save, and transmit text, video, documents, data, files, and other information (the "User Content"). You have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use all User Content. You hereby grant GrandPAD a royalty-free, worldwide, non-exclusive right and license to use, reproduce, modify, edit, adapt, publish, distribute, perform and display all User Content solely for the purpose of providing the Services functionality.
We may review User Content in our discretion and remove or refuse to use or display it if we determine in our sole discretion that doing so would violate the law, the rights of a third party, would be offensive or harmful to our users, or reflect negatively on the GrandPAD business name and reputation.
BE AWARE: WE DO NOT ACTIVELY REVIEW OR MONITOR CONTENT SUBMITTED BY USERS. THE VIEWING OF ANY USER CONTENT DISPLAYED BY THE SERVICES IS ENTIRELY AT YOUR OWN RISK.
Third Party Service Providers
You acknowledge that GrandPAD contracts with third party development, application and data hosting, wireless network services, payment processing, and other technology services providers to provide the Services functionality ("Third Party Service Providers"). For example, all User Data and User Content is stored at computer data centers operated and maintained by Third Party Service Providers. GrandPAD is responsible for ensuring that the Third Party Service Providers abide by the these Terms. GrandPAD is solely responsible for monitoring and supervising all necessary work of the Third Party Service Providers.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOU HAVE NO CONTRACTUAL RELATIONSHIP WITH ANY OF THE THIRD PARTY SERVICE PROVIDERS, INCLUDING OUR WIRELESS NETWORK SERVICES PROVIDERS AND THEIR AFFILIATES AND CONTRACTORS, AND THAT YOU ARE NOT A THIRD PARTY BENEFICIARY OF ANY AGREEMENT BETWEEN GRANDPAD AND ANY THIRD PARTY SERVICE PROVIDER, INCLUDING ALL WIRELESS NETWORK CARRIERS. IN ADDITION, YOU ACKNOWLEDGE THAT ALL THIRD PARTY SERVICE PROVIDERS, INCLUDING OUR WIRELESS NEWORK SERVICE PROVIDERS AND THEIR AFFIALIATES AND CONTRACTORS, SHALL HAVE NO LEGAL, EQUITABLE, OR OTHER LIABILITY OF ANY KIND TO ANY USER, AND YOU HEREBY WAIVE AND DISCLAIM ANY AND ALL CLAIMS OR DEMANDS OF SUCH NATURE.
Changes to the Services
We will review, update, and maintain the Services on a continuing basis. We may add or remove functionality or features in our business discretion, and may suspend or stop some functionality. If we discontinue functionality, where reasonably possible, we will give you reasonable advance notice.
When implementing any changes to the Services, we will not change or delete any of your User Data or User Content without your consent.
Service Level, Security, Support
GrandPAD will use reasonable commercial efforts to provide the Services continuously for the term of the User Account subscription, subject to any downtime for periodic maintenance. GrandPAD will attempt to correct or fix reported software errors promptly after being notified of the issue.
GrandPAD will make reasonable commercial efforts to secure, protect, and maintain the integrity of all User Data and User Content. The Registered User is solely responsible for the security of any usernames and passwords that may be required to access and use administrative functionality of the Services. If the security of such information is compromised, the Registered User shall promptly notify GrandPAD.
GrandPAD will provide telephone support for all Users from 8 a.m. to 5 p.m. U.S. Central Time Monday through Friday of each week, excluding all U.S. federal holiday. Support can be accessed directly from the Tablet interface or via the telephone numbers provided on the GrandPAD Website. Any product manuals and reference materials we offer will be available on the GrandPAD Website.
Proprietary Rights to Services
GrandPAD retains all ownership and intellectual property rights to the Services that are not specifically granted to Users. We may use any technology, ideas, concepts, know-how, methods, and techniques related to Services that we learn from Users unless we specifically agree otherwise.
Using the Services does not give you any rights other than the limited usage rights stated in these Terms. You may not re-use, perform, separately display, or make copies of any video, music, graphics, pictures, or other content provided by GrandPAD and its licensors via the Services. These Terms do not grant you the right to use any GrandPAD or third party trademarks, brand names, or logos displayed by or used in the Services.
Third Party Software
The GrandPAD Services software is developed for and based primarily on the current release of the Android® open-source mobile operating system software. Most Android software components are licensed by GrandPAD under the Apache 2.0 software license. You can obtain a current copy of the Apache license at http://www.apache.org/licenses.
The Services also include other free or open source software components licensed under other license agreements. The Android software and other free or open source software components included with the Services are referred to in the remainder of this section as the "Open Source Software."
All Open Source Software files contain the original copyright notices and license information provided by the copyright owners.
GrandPAD hereby grants you a sublicense to use the Open Source Software with the same rights and subject to the same restrictions as apply to GrandPAD. The Open Source Software is provided for no additional charge. GrandPAD will not use any Open Source Software if doing so would interfere with your use of the Services or result in a known violation of the intellectual property rights of the User or any third party.
GrandPAD maintains a current record of all Open Source Software components and applicable license agreements. GrandPAD will provide Users copies of or access to the applicable Open Source Software licenses upon written request.
Warranties and Disclaimers.
You understand and agree that these Terms create a legally binding contract governing your use of the Services. You warrant that your use of the Services will comply with all of your obligations to third parties and all applicable laws, rules, and regulations of all federal and state legal jurisdictions and governmental agencies.
You represent and warrant that: (1) you own or have secured such authorizations and intellectual property rights as are necessary for all of your intended uses of the User Data and User Content with the Services; (2) your User Data and User Content do and will not contain any content that is unlawful, threatening, harassing, profane, tortuous, defamatory, libelous, deceptive, fraudulent, or violates a person's privacy or publicity rights; and (3) your User Data and User Content do and will not contain a software virus or other harmful component.
WE PROVIDE THE SERVICES "AS IS." WE DISCLAIM ALL IMPLIED WARRANTIES OR CONDITIONS CONCERNING THE PERFORMANCE, OPERATION, OR QUALITY OF THE SERVICES, INCLUDING ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
The User acknowledges and agrees that GrandPAD and the Services are not subject to the Health Insurance Portability and Accountability Act ("HIPAA"). GrandPAD and User acknowledge and agree further that the Service is not intended for use in providing any medical care or treatment. Further, the Service is not intended for the transmission of protected health information that is subject to regulation under HIPAA or any other federal or state healthcare privacy or security laws.
TO THE FULLEST EXTENT ALLOWED BY LAW, WE WILL HAVE NO FINANCIAL LIABILITY TO USERS FOR ANY AND ALL CLAIMS RELATING TO THEIR USE OF THE SERVICES PURSUANT TO THESE TERMS.
TO THE FULLEST EXTENT ALLOWED BY LAW, WE WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH OR ARISING OUT OF YOUR USE OF THE SERVICES, INCLUDING LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE.
IN ALL CASES, GRANDPAD, ITS THIRD PARTY SERVICE PROVIDERS, AND ITS LICENSORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
We will respond promptly to any claim that a person's copyrights are being infringed by any content or works made available through the Service. If you believe that a work is being displayed on the Service in violation of your or another person's rights, you can notify us by sending us the following information: (1) the electronic or physical signature of the owner of the copyright or the person authorized to act on the owner's behalf; (2) the identification of the copyrighted work at issue; (3) the identification of the material that is claimed to infringe the copyrighted work and information reasonably sufficient to permit us to locate the material, including the full URL; (4) your name, address, telephone number, and email address; (5) a statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (6) a statement, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf. The notice should be sent to our Chief Executive Officer at the principal office address of GrandPAD provided on the contact information page of the GrandPAD Website. Our Chief Executive Officer is GrandPAD's copyright agent designated pursuant to the Digital Millennium Copyright Act of 1998.
All notices you provide to us concerning these Terms must be delivered in person or by means evidenced by a delivery receipt to our principal business office and addressed to the attention of the GrandPAD Chief Executive Officer.
These Terms shall are governed by the laws of the State of California and applicable U.S. federal law. All legal actions to enforce or interpret these terms shall be commenced exclusively in the state or federal courts located in Orange County, California, and you consent to the exclusive jurisdiction and venue of such courts.
You may not assign or otherwise transfer your rights under this Terms without our prior written consent, which consent may be withheld for any reason in our sole discretion.
These Terms are binding upon, and inure to the benefit of, the parties and their permitted successors and assigns.
Any waiver or failure by GrandPAD to exercise its rights under these Terms will not create a continuing waiver of such rights. If any provision of these Terms is held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired thereby, and will be interpreted, to the extent possible, to achieve the purposes as originally expressed in the invalid, illegal or unenforceable provision.
These Terms state our entire agreement with you concerning your use of the Services.
Copyright © 2015 by GrandPAD Inc. All rights reserved.
Last revised: June 18, 2015.