GrandPAD may enter a services agreement with an organization desiring to obtain the GrandPAD Service for the organization's employees, agents, customers, or other third parties as the organization determines. If the GrandPAD Service is provided to you pursuant to such an agreement, the subscription fees and other terms of the services and any other related agreement will supersede any conflicting provisions of these Terms.
Neither the GrandPAD Service nor the information through the GrandPAD website is intended to constitute medical or professional advice. Please contact your medical professional if you have a question about your health or the appropriate care for your medical condition. The information provided through our website and the GrandPAD Service is for informational purposes only and is not intended to provide medical information or recommendations. Neither GrandPAD nor any of its directors, shareholders, officers, employees, agents or representatives, licensees or suppliers provide any advice as to the appropriateness or advisability of the GrandPAD Service. If you are concerned with the use of or dissatisfied with the GrandPAD Service, please immediately discontinue use of the GrandPAD Service.
No Warranty. The information provided through the GrandPAD Service is believed to be accurate, but neither we nor our licensees nor our suppliers warrant or guarantee such accuracy. THE INFORMATION AND THE GRANDPAD SERVICE, INCLUDING WITHOUT LIMITATION ALL DOCUMENTATION FOR THE GRANDPAD SERVICE, IS SUBJECT TO CHANGE WITHOUT NOTICE. THE GRANDPAD SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AT YOUR OWN RISK. YOU ACKNOWLEDGE AND AGREE THAT GRANDPAD HAS NO OBLIGATION FOR ANY ERRORS OR ANY WARRANTY, EXPRESS OR IMPLIED OF ANY KIND WHATSOEVER (INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE OR NON-INFRINGEMENT, OR ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE GRANDPAD SERVICE OR THE INFORMATION PROVIDED THROUGH THE GRANDPAD SERVICE. YOU FURTHER ACKNOWLEDGE AND AGREE THAT, WHILE WE MAY AGREE TO REFUND THE PURCHASE PRICE FOR THE GRANDPAD SERVICE, GRANDPAD, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DISCLAIMS AND SHALL HAVE NO OTHER LIABILITY OR WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO THE GRANDPAD SERVICE, AND ANY OTHER CLAIMS, LOSSES, LIABILITIES, DAMAGES, COSTS OR EXPENSES ATTRIBUTABLE TO ANY FAILURE TO CONFORM TO ANY WARRANTY UNDER THESE TERMS WILL BE SOLELY AS PERMITTED UNDER THESE TERMS. GRANDPAD DOES NOT WARRANT OR REPRESENT THAT THE GRANDPAD SERVICE, OR ANY INFORMATION PROVIDED ARE ACCURATE, ERROR-FREE OR RELIABLE OR THAT YOUR USE OF THE GRANDPAD SERVICE, OR THE INFORMATION WILL NOT INFRINGE RIGHTS OF THIRD PARTIES. GRANDPAD IS NOT RESPONSIBLE FOR COSTS OR ANY DAMAGES THAT RESULT FROM RELIANCE ON OR USE OF THE INFORMATION OR THE GRANDPAD SERVICE. Some jurisdictions do not allow the exclusion of implied warranties, so this exclusion may not apply.
Ownership, IP. The GrandPAD Service, and all information provided through it, and all derivatives shall be and remain the property of GrandPAD or its suppliers. Information includes all information such as the "look and feel" of the GrandPAD Service, the data files, graphics, text, photographs, drawings, logos, images, sounds, music, video or audio files part of the GrandPAD Service. You shall have no rights or interests therein except as set forth in these Terms. You agree to notify GrandPAD immediately in writing of any claim made regarding the GrandPAD Service and to cooperate as reasonably necessary, at our expense, in the defense and settlement of such claim. You acknowledge and agree that the GrandPAD Service is provided on a subscription basis by GrandPAD. You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the GrandPAD Service or the information provided therein. The GrandPAD Service is owned by GrandPAD and/or licensed from its suppliers and licensors and is provided in conformance to our obligations under any such license terms.
User Account. GrandPAD requires you to create a user account to use the GrandPAD Service. If you are under the age of 18, we require that you inform your parent or guardian and have their consent to open a user account. You may update your user account as specified on our website.
Rights. GrandPAD is the owner, or an authorized reseller or licensee, of the GrandPAD Service. The GrandPAD Service is provided on a subscription basis on an “AS IS” and “AS AVAILABLE” basis. We reserve the right to not sell the GrandPAD Service to you if you request delivery to a country that is at war, or subject to a Force Majeure event, or that is currently under sanctions by the United Nations or sanctions or an embargo by the United States. The GrandPAD Service is delivered pursuant to a shipment contract and that means that risk of loss and title for such GrandPAD Service passes to you upon our delivery to the carrier.
Mobile Access. GrandPAD allows you to access the GrandPAD Service only for your own purposes in accordance with these Terms. Any use through or access to the GrandPAD through a mobile device (i.e. an iPhone or iPad) is only as permitted by the applicable usage rules set forth in the mobile device’s related application store (i.e. App Store Terms of Service for an iPhone/iPad or an Android device is only as permitted by such Android device’s terms) which you acknowledge that you have had an opportunity to review.
Restrictions. Except as otherwise permitted under these Terms, you shall not (and shall not assist any third party to):
- Send spam or any other form of duplicative and unsolicited messages, other than marketing and promotional messages, to any third party or other users using through the GrandPAD Service;
- Harvest, collect, gather or assemble information or data regarding other users of the GrandPAD Service without their consent;
- Transmit through or post on the GrandPAD Service unlawful, libelous, tortuous, infringing, defamatory, threatening, vulgar, or obscene material or material that may be harmful to minors;
- Knowingly transmit material containing software viruses or other harmful or deleterious computer code, files, scripts, agents, or programs;
- Knowingly interfere with or disrupt the integrity or performance of the GrandPAD Service or the data contained therein or attempt to gain unauthorized access to the GrandPAD Service, computer systems or networks related to the GrandPAD Service;
- Decompile, disassemble, or otherwise reverse engineer or attempt to reconstruct or derive any source code (or underlying ideas, algorithms, structure or organization) from the GrandPAD Service or from any other information by any means whatsoever;
- Distribute, disclose or allow use of any of the GrandPAD Service in any format through any timesharing device, service bureau, network or by any other means, to or by any third party;
- Violate the license grant provided pursuant to these Terms;
- Create Internet "links" to or from the GrandPAD Service, or "frame" or "mirror" any of our content which forms part of the GrandPAD Service; or
- Modify or create a derivative work of the GrandPAD Service or any portion thereof.
Charges; Shipping. Unless you acquire the GrandPAD Services through another licensee, you are responsible for paying the subscription fees, shipping charges and any tax for the GrandPAD Service as noted on our website’s shopping cart or final sales page, along with any applicable sales or value added taxes. You shall not be liable for any taxes based on our net income. Payments may be made in the currencies and via the payment methods specified on our website’s shopping cart or final sales page. You acknowledge that you shall be solely liable for any customs charges. Any shipping options will be as noted on our website’s shopping cart or final sales page.
Credit Card Payments. If you elect to pay for the GrandPAD Service by credit card, you are responsible for providing a valid credit card number at the time you pay. You represent and warrant that you are an authorized user of the credit card number provided, and you agree to pay all charges resulting from your purchases of the GrandPAD Service, including any unauthorized charges incurred prior to your notice to GrandPAD of such charges. You agree that we may pass your credit card information and personally identifiable information to our designated service provider(s) to process the credit card payment for the purchase of the GrandPAD Service. We will comply, and will ensure that our designated services provider(s) comply, with any credit card processing rules and privacy regulations.
Shipping Information. Please make sure that the shipping address is correct, as we are unable to re-direct orders once shipped. Please note that before we can ship the equipment for the GrandPAD Service, we may need to confirm your security or other details with your credit card issuer. To avoid delays to your order, please ensure that your billing address matches the address on your card statement, and that the cardholder's name is entered as it appears on the card. Please also ensure that your contact details in your user account are accurate so that we can contact you if necessary.
Passwords/Security. You shall be solely responsible for the security, confidentiality and integrity of all messages and the information that you receive, transmit or store via the GrandPAD Service and/or your user account. You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your account or your password. You agree to bear all responsibility for the confidentiality of your user account and password and all use or charges incurred from use of the GrandPAD Service with your user account and password.
Access Limitations. You shall be solely responsible for providing, maintaining and ensuring compatibility with the GrandPAD Service access requirements, all hardware, software, electrical or other physical requirements for your use of the GrandPAD Service, including without limitation, telecommunications and Internet service provider access, connections, links, web browsers or other equipment, programs and services required to access the internet or to use the GrandPAD Service. You acknowledge and agree that from time to time the GrandPAD Service may be inaccessible or inoperable for any reason, including without limitation: (i) equipment malfunctions, (ii) periodic maintenance or repairs; or (iii) other causes beyond our control. Additionally, because the GrandPAD Service is accessed via the Internet or a mobile carrier, you may have connection issues due solely to your own Internet or telecommunications service provider or other technological access requirements. We are not responsible for any third party access requirements (e.g. your ISP).
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.
Open Source. 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.
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 Providers"). For example, all User Data and User Content is stored at computer data centers operated and maintained by Third Party Providers. GrandPAD is responsible for ensuring that the Third Party Providers abide by the these Terms. GrandPAD is solely responsible for monitoring and supervising all necessary work of the Third Party Providers.
Limitations On Liability
Limitations On Liability For Third Party Providers. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOU HAVE NO CONTRACTUAL RELATIONSHIP WITH ANY OF THE THIRD PARTY 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 PROVIDER, INCLUDING ALL WIRELESS NETWORK CARRIERS. IN ADDITION, YOU ACKNOWLEDGE THAT ALL THIRD PARTY PROVIDERS, INCLUDING OUR WIRELESS NETWORK SERVICE PROVIDERS AND THEIR AFFILIATES 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. YOU ACKNOWLEDGE AND AGREE THAT ANY THIRD PARTY SERVICE PROVIDERS, INCLUDING ANY THIRD PARTY MOBILE APPLICATION STORE PROVIDERS, (COLLECTIVELY “THIRD PARTY PROVIDERS”) HAVE NO OBLIGATION FOR ANY WARRANTY, EXPRESS OR IMPLIED OF ANY KIND WHATSOEVER (INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE OR NON-INFRINGEMENT, OR ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE GRANDPAD SERVICE AND/OR INFORMATION PROVIDED UNDER THESE TERMS. YOU FURTHER ACKNOWLEDGE AND AGREE THAT WHILE SUCH THIRD PARTY PROVIDERS MAY AGREE TO REFUND THE FEES PAID FOR THE GRANDPAD SERVICE AND/OR INFORMATION PROVIDED UNDER THESE TERMS, SUCH THIRD PARTY PROVIDERS, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SHALL HAVE NO OTHER WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO THE GRANDPAD SERVICE AND/OR INFORMATION PROVIDED, AND ANY OTHER CLAIMS, LOSSES, LIABILITIES, DAMAGES, COSTS OR EXPENSES ATTRIBUTABLE TO ANY FAILURE TO CONFORM TO ANY WARRANTY UNDER THESE TERMS WILL BE SOLELY AS PERMITTED UNDER THESE TERMS.
Damage Limitation. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL GRANDPAD OR ITS SUPPLIERS (WHICH INCLUDE THIRD PARTY PROVIDERS) OR AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, RESULTING FROM ANY LOSS OF USE, LITIGATION, OR ANY OTHER PECUNIARY LOSS, INCLUDING LOSS OF GOODWILL OR REPUTATION, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE GRANDPAD SERVICE, WITH THE DELAY OR INABILITY TO USE OR WITH THE PROVISION OF OR FAILURE TO MAKE AVAILABLE THE GRANDPAD SERVICE OR INFORMATION PROVIDED, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. GRANDPAD, ITS SUPPLIERS AND AGENTS SHALL BE LIABLE ONLY TO THE EXTENT OF VERIFIABLE, ACTUAL DAMAGES INCURRED BY YOU DIRECTLY RELATED TO THE FEES YOU PAID FOR GRANDPAD SERVICE SUBJECT TO THE REFUNDS TERMS. YOU ACKNOWLEDGE AND AGREE THAT NEITHER GRANDPAD NOR ITS SUPPLIERS OR AGENTS ARE LIABLE FOR ANY PERSONAL INJURY, INCLUDING DEATH, CAUSED BY YOUR USE OR MISUSE OF THE SITE OR THE GRANDPAD SERVICE. Any claims arising in connection with your use of the GrandPAD Service must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms are exclusive and are limited to those expressly provided for in these Terms. If you are dissatisfied with the GrandPAD Service, your sole and exclusive remedy shall be the limited refund right and for you to discontinue use of the GrandPAD Service.
Bargained For Basis. You acknowledge and agree that the limitations of liability set forth above are fundamental elements of these Terms and neither the information nor the GrandPAD Service would be provided to you absent such limitations of liability.
Links. GrandPAD may include hyperlinks on the GrandPAD Service to other websites or resources operated by third parties, including advertisers. GrandPAD has not reviewed all of the sites linked to the GrandPAD Service and is not responsible for the content or accuracy of any off-site pages nor are we responsible for the availability of such external websites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, products or services available on such external websites or resources.
Your Responsibility. You understand that you are solely responsible for (and that GrandPAD has no responsibility to you or to any third party for) any breach of your obligations under these Terms and for the consequences (including any loss or damage which GrandPAD may suffer) of any such breach.
Compliance with Law. You agree that you will not use the GrandPAD Service for activities prohibited by state, federal, or your country’s law or other applicable rules or regulations. You represent and warrant that: (i) you are not located in a country that is subject to U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. GrandPAD makes no claims regarding the GrandPAD Service outside of the United States. If you access the GrandPAD Service from outside the United States, you do so at your own risk and are responsible for compliance with laws of your jurisdiction.
Agreement. These Terms constitute the entire agreement and understanding between you and GrandPAD with respect to the subject matter hereof and supersede all prior agreements, understandings, inducements and conditions expressed or implied, oral or written, of any nature whatsoever with respect to the subject matter hereof. These Terms shall be binding upon and inure to the benefit of you and GrandPAD, our successors, and assigns. These Terms and your user account may not be assigned with our express, prior written consent which may be withheld at our sole discretion. Notices under these Terms shall be in writing and shall be deemed given when: (i) delivered personally or by respected international carrier; (ii) three (3) business days after the date sent by certified mail, postage prepaid with return receipt requested. Notices to GrandPAD shall be made through our website. GrandPAD is headquartered in the State of California.
Governing Law. These Terms and the resolution of any dispute related to the terms of these Terms or the GrandPAD Service shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law.
Arbitration; Collection; Venue. Except as provided below, any controversy or claim arising out of or relating to these Terms will be settled by arbitration in Orange County, California, at a time and location designated by the arbitrator. Arbitration will be conducted by the American Arbitration Association in accordance with its Rules of Commercial Arbitration, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitrator will be selected from a panel of persons having experience with and knowledge of the computer industry and technology services. Nothing herein contained will bar either party from seeking equitable remedies in a court of appropriate jurisdiction. GrandPAD may charge interest on overdue undisputed amounts at the rate of 1% per month. If GrandPAD successfully enforces these Terms under arbitration or court action, you must pay reasonable costs and expenses of the arbitration or other action, including reasonable attorney’s fees and costs. Any legal action related to these Terms, the Information or the GrandPAD Service shall be brought in a state or federal court of competent jurisdiction sitting in Orange County, California.
No Waiver; Severability. GrandPAD’s failure to insist upon strict enforcement of any provision(s) of these Terms shall not be construed as a waiver of any provision or right. Should any provision of these Terms be held invalid or unenforceable, such invalidity will not invalidate the whole of these Terms, but rather that invalid provision will be amended to achieve as nearly as possible the same economic effect as the original provision and the remainder of these Terms will remain in full force and effect.
Copyright © 2018 by GrandPAD, Inc. All rights reserved.
Last revised: February 24, 2018.