Graspr, Inc. Terms of Service

        THE TERMS AND CONDITIONS SET FORTH BELOW (THE “TERMS”) GOVERN YOUR USE OF THIS SITE ON THE WORLD WIDE WEB.  THESE TERMS ARE A LEGAL CONTRACT BETWEEN YOU (“You” OR “USER”) AND GRASPR, INC. (“GRASPR,” “WE” OR “US”) AND GOVERN YOUR ACCESS TO, AND USE OF, THE GRASPR WEBSITE LOCATED AT HTTP://WWW.GRASPR.COM (THE “SITE”).  IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THIS SITE AND/OR THE SERVICES OR ANY INFORMATION CONTAINED ON THIS SITE. YOUR USE OF THIS SITE AND/OR THE SERVICES ON THIS SITE SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW. GRASPR MAY MAKE CHANGES TO THE CONTENT AND SERVICES OFFERED ON THIS SITE AND CHANGE THESE TERMS, AT ANY TIME, AND GRASPR WILL POST NOTICE OF THE CHANGES AND THE UPDATED TERMS OF SERVICE ON THIS SITE.  YOUR CONTINUED USE OF THIS SITE AFTER SUCH CHANGES HAVE BEEN POSTED MEANS THAT YOU AGREE TO THE NEW TERMS, EVEN IF YOU HAVE NOT REVIEWED THE CHANGES. 

YOU MUST BE AT LEAST 13 YEARS OF AGE OR OLDER TO USE THIS SITE, AND IF YOU ARE UNDER THE AGE OF 18, YOU MUST HAVE YOUR PARENT OR LEGAL GUARDIAN’S PERMISSION TO USE THIS SITE AND HAVE THEM READ AND AGREE TO THESE TERMS. 

Eligibility for Joining The Graspr Community.
Graspr’s online community enables people to connect and share life experiences and expertise with other community members by posting topic-specific videos and other user-generated content.  By registering for a Graspr account, you represent, acknowledge and agree that you are at least 18 years of age or that you are the parent or legal guardian of a user that is over the age of 13, and you represent and warrant that: (a) all registration information that you submit is truthful and accurate; (b) you will maintain the accuracy of such information; and (c) your use of the services offered through this Site do not violate any applicable law or regulation.  Your account may be terminated without warning if we believe that you are under the age of 18 and using the Site and its Services without the permission of your parent or legal guardian or under the age of 13.

General Use Restrictions.
Graspr provides social media and learning content and services through this Site.  Certain information, features, and applications provided on and through this Site, including text, content, advertising, logos, graphics, images and any other materials that are not Submissions (as defined below) (together, the “Materials”) are provided to you by Graspr and are the copyrighted and/or trademarked work of Graspr or Graspr’s contributors.  In addition, Graspr makes an embeddable player available to you on the Site for download to access and view Submissions on the Site and on other third party websites, in accordance with these Terms (the “Embeddable Player”), and an application that assists you in uploading and editing your Submissions on the Site (“Graspr Editor”) (collectively, the “Software”).  Any such Software is only made available for use and/or download under the terms of a limited, non-exclusive license to install and use the Software on your personal computer or your website for the sole purpose of uploading, editing, accessing and viewing Submissions in accordance with these Terms and with any additional terms and conditions applicable to the use of such Software. 

During the term of these Terms, Graspr grants you a limited, personal, non-exclusive and non-transferable license to use and to display the Materials and use the services, the Site and the Software solely for your personal use if you are an individual and solely for your business use if you are an organization or agent of your organization.  You acknowledge and agree that nothing in these Terms gives you and that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Materials or the Software in any manner.  This limited license terminates automatically, without notice to you, if you breach any of these Terms. Upon termination of this limited license, you agree to immediately destroy any downloaded or printed Materials or Software. Except as stated herein, you acknowledge that you have no right, title or interest in or to the Site, any Materials or the Software on any legal basis. 

You further agree not to access any Submissions through any technology or means other than the Site or the Embeddable Player.  You agree not to use the Site, or the Embeddable Player, for any commercial use, without the prior written authorization of Graspr, except as expressly specified in these Terms.  Prohibited commercial uses include any of the following actions taken without Graspr's express approval:

Prohibited commercial uses do not include:

If you use the Embeddable Player on your website, you must include a prominent link back to the Site on the pages containing the Embeddable Player, and you may not modify, build upon, or block any portion of the Embeddable Player in any way.

You agree not to use or launch any automated system, including, without limitation, “robots,” “spiders,” or “offline readers,” that accesses the Site in a manner that sends more request messages to the Graspr servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Graspr grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. Graspr reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names from the Site, nor to use the communication systems provided by the Site (e.g., comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Site with respect to their Submissions.

Password Restricted Areas of this Site.
You need a password to login to this Site and to use certain functions and areas within this Site.  You are responsible for maintaining the confidentiality of your password, username and account, and you agree to immediately notify Graspr if your password is lost, stolen, or disclosed to an unauthorized third party or otherwise may have been compromised.  You are responsible for all activities that occur under your account.  You agree to immediately notify Graspr of any unauthorized use of your account or any other breach of security in relation to this Site known to you.  You agree that you will not misrepresent yourself or represent your self as another user of the Site and/or the services offered through the Site.

Non-Commercial Use.

You agree not to use other users’ contact information gathered from this Site for commercial purposes, and you agree not to provide any other user’s contact information to any third party that is not a registered user of Graspr.  User-posted commercial advertisements, affiliate links and other forms of solicitation or profiteering may be removed from your account without notice and result in the termination of your account. 

Fees and Electronic Communications.

You acknowledge that Graspr reserves the right to charge for certain services and to change its fees and/or fee structures from time to time in its discretion. You are responsible for paying any taxes that may apply. 

By using the services, you consent to receiving electronic communications from Graspr and its affiliates.  These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to our services.  These electronic communications are part of your relationship with Graspr and you receive them as part of your subscription to the services.  You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.

Promotions.

This Site may contain or offer sweepstakes or other promotions, which may be governed by a separate set of rules that describe the sweepstakes or promotion and may have eligibility requirements (e.g. age or geographic restrictions).  It is your responsibility to read those rules to determine whether or not your participation, registration or entry will be valid and to determine the sponsor’s requirements of you in connection with the applicable sweepstakes or promotion.

Privacy Policy.

Your use of this Site is governed by the Graspr Privacy Policy, which is available at http://www.graspr.com/html/tos.php (the “Privacy Policy”). 

Third Party Content.
Certain information and content that are not Submissions may be provided by third party licensors to Graspr (“Third Party Content”).  The Third Party Content is, in each case, the copyrighted and/or trademarked work of the creator/licensor.  Unless you have permission from the owner of the Third Party Content, you agree to only display the Third Party Content on your personal computer solely for your personal use.  You acknowledge and agree that you have no right to download, cache, reproduce, modify, display (except as set forth in this paragraph), edit, alter or enhance any of the Third Party Content in any manner unless you have permission from the owner of the Third Party Content.  GRASPR DISCLAIMS ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES AND CONDITIONS WITH REGARD TO THIRD PARTY CONTENT, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. 

Links to Third Party Web Sites.

This Site may be linked to other web sites that are not Graspr Sites (“Third Party Web Sites”) and certain areas of the Site may allow you to conduct transactions or purchase goods or services from or through such Third Party Web Sites. Graspr is providing these links to you as a convenience, and Graspr does not verify, make any representations or take responsibility for such linked Third Party Web Sites, including, without limitation, the truthfulness, accuracy, quality or completeness of the content, links displayed or activities conducted on such Third Party Web Sites.  The Third Party Web Site may have different privacy policies and terms and conditions and business practices than Graspr.  Your dealings and communications through the Site with any party other than Graspr are solely between you and such third party.   Any complaints, concerns or questions you have relating to materials provided by third parties should be forwarded directly to the applicable third party.  YOU AGREE THAT GRASPR WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, RESOURCES OR CONTENT AVAILABLE THROUGH ANY THIRD PARTY WEB SITES AND/OR THIRD PARTY DEALINGS OR COMMUNICATIONS, OR FOR ANY HARM RELATED THERETO, OR FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OR RELIANCE ON THE CONTENT, ADVERTISING OR BUSINESS PRACTICES OF ANY THIRD PARTY.  Any reference on the Site to any product, process, publication or service of any third party, by trade name, domain name, trademark, trade identity, service mark, logo, manufacturer or otherwise does not constitute or imply Graspr’s endorsement or recommendation.

Personal Responsibility.

You understand that deciding whether to use any information contained in any user-submitted content, including, without limitation,, users’ postings, comments, notes, blogs, instant messages and/or videos  is your personal decision for which you alone are responsible.  You understand that Graspr does not and cannot make representations as to the suitability of any individual you may decide to interact with on the Site and/or the accuracy or suitability of any advice, information, or recommendations made by any individual.

Submissions.

You acknowledge that you are responsible for the text, files, images, photos, videos, sounds, musical works, works of authorship, or any other materials that you submit, post or otherwise make available on and/or upload through the use of the Software to the Site (each a “Submission”) through posting areas, e-mails, personal pages, instant messages, video chats or other services available in connection with this Site, and that you, and not Graspr, have full responsibility for each such Submission you make, including its legality, accuracy, appropriateness, and trademark and copyright ownership.  Unless otherwise explicitly stated herein or in the Graspr Privacy Policy, you agree that any Submission provided by you in connection with this Site is provided on a non-proprietary and non-confidential basis.  Please note that, generally, Submissions will be accessible by other users on the Site.  Please be sure that any information you post on any area of the Site (including any online entry or entries that you choose to share with others, either via the Site or by e-mailing the entry or entries to your friends or families) is information that you are comfortable with sharing with others.  

Except as expressly set forth below, you agree that Graspr is free to use a Submission on an unrestricted basis for any purpose and you grant Graspr a sublicensable, non-exclusive, fully-paid and royalty-free, worldwide license to (in any media, whether now known or not currently known or invented) link to, utilize, use, publicly perform, publicly display, reproduce, distribute, modify and prepare derivative works of the  Submission. However, under the foregoing license, Graspr shall not have the right to sell ownership rights to your  Submission.  Additionally, Graspr agrees to use all of your Submissions in accordance with Graspr’s Privacy Policy applicable to personally identifiable information.

Subject to the options you select with respect to how and by whom your Submissions may be accessed, used, modified and performed when registering for a Graspr account, which options may be modified by you from time to time, you grant to Graspr’s registered users a non-exclusive, worldwide, royalty-free, fully paid up license: (i) to use, access, reproduce, distribute, prepare derivative works of and compilations, publicly display and publicly perform your Submissions on the Site, through the Graspr services and/or publicly on third-party web sites and the Internet generally; (ii) to rate, review, comment on and tag your Submissions; (iii) to embed Graspr's video player or other form of media player with your Submissions on any website; (iv) to send and distribute your Submissions via e-mail, instant messenger or otherwise over or through the Internet or any other electronic communications system; and (v) to access, reproduce, distribute and/or perform your Submissions via Graspr's web service APIs or via RSS or any similar XML or related feeds.

YOU RETAIN OWNERSHIP OF ANY COPYRIGHTS OR OTHER INTELLECTUAL PROPERTY RIGHTS APPLICABLE TO ANY INFORMATION YOU SUBMIT TO GRASPR, SUCH AS YOUR SUBMISSIONS.  You further agree that you will not upload, post or otherwise make available on this Site any material protected by copyright, trademark, or any other proprietary right without the express permission of the owner of such copyright, trademark or other proprietary right owned by a third party, and the burden of determining whether any material is protected by any such right is on you.  You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, or any other harm resulting from any Submission that you make.

You represent and warrant that: (i) you own all Submissions posted by you on or through this Site or otherwise have the right to grant the licenses to Graspr set forth in this section, and (ii) the posting of your Submissions on or through this Site does not violate the privacy rights, publicity rights, trademark rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, damages and any other monies owing any person by reason of any Submissions posted by you to or through this Site and/or uploaded to the Site with the use of the Software.

Posting Etiquette.

Graspr requires that you respect the Graspr online community as well as other individuals participating within the Graspr online community.  Your conduct should be guided by common sense and basic etiquette.  To further these common goals, when posting Submissions to or otherwise using this Site and/or the services, you agree not to, without limitation:

This list of prohibitions provides examples and is not complete or exclusive.  Graspr reserves the right to (a) terminate your access to your account, your ability to post to this Site (or the services) and (b) refuse, delete or remove, move or edit the content, in whole or in part, of any Submissions; with or without cause and with or without notice, for any reason or no reason, or for any action that Graspr determines is inappropriate or disruptive to this Site or to any other user of this Site and/or services.  Graspr reserves the right to restrict the number of emails or other messages which you are allowed to send to other users to a number that Graspr deems appropriate in Graspr’s sole discretion.  Graspr may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct.  When legally required or at Graspr’s discretion, Graspr will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this Site or on the Internet.

Graspr does not and cannot review every Submission posted to the Site.  These prohibitions do not require Graspr to monitor, police or remove any Submissions or other information submitted by you or any other user.

Advertising Rights.
Graspr reserves and has the right to sell, license and/or display any advertising, attribution, links, promotional and/or distribution rights in connection with your Submissions. Graspr will share revenue generated from any sales or licenses of such advertising, attribution, links, or promotional or distribution rights with uploaders, embedders, and people who refer others to the Graspr network when in those cases the referee subsequently uploads or embeds Graspr videos. Graspr will share revenue with its network members in accordance with terms and conditions posted on the site.

Member Disputes.
You understand that your interactions and dealings with other users of this Site are solely between you and such other user.  Graspr is not responsible for any loss or damage of any sort incurred as a result of any such interactions or dealings, and Graspr has no obligation to become involved in any resulting dispute.

Unauthorized Activities.
Submissions and unauthorized use of any Materials or Third Party Content contained on this Site may violate certain laws and regulations.  You agree to indemnify and hold Graspr and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees and costs of defense) Graspr or any other indemnified party suffers in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of this Site or the use of this Site by any person using your user name and/or password (including without limitation, your participation in the posting areas or, your Submissions) violates any applicable local, state, federal or international law, rule or regulation, or the copyrights, trademark rights or other rights of any third party.

Proprietary Rights.
Graspr is a trademark of Graspr in the United States.  Other trademarks, names and logos on this Site are the property of their respective owners.

Unless otherwise specified in these Terms, all information and screens appearing on this Site, including documents, services, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of Graspr, Copyright © 2006-2007 Graspr.  All rights not expressly granted herein are reserved.  Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.

Copyright and Trademark Infringements.
Notification:
Graspr respects the intellectual property rights of others, and we ask you to do the same.  Graspr may, in appropriate circumstances and at our discretion, terminate service and/or access to this Site for users who infringe the intellectual property rights of others.  If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on our Site, please  provide Graspr’s designated agent the following information:

Graspr’s agent for notice of claims of copyright or trademark infringement on this Site can be reached as follows:
By mail:
Graspr, Inc.
Attn: Copyright Department                                            
779 E Evelyn Ave, Ste D   
Mountain View, CA 94041       
                                               
By phone:
(408) 802.9557

By e‑mail: copyright@Graspr.com
                                               
Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

Counter-Notification:
If you are a user who posted allegedly infringing material and who received notification to that effect from Graspr, you may elect to send us a counter notice.  To be effective such counter notice must be a written communication provided to our designated agent that includes substantially the following (please consult your legal counsel or see 17 U.S.C. Section 512(g)(3) to confirm these requirements):

 

Such written notice should be sent to our designated agent as follows:
By mail:
Graspr, Inc.
Attn: Copyright Department                                            
779 E Evelyn Ave, Ste D   
Mountain View, CA 94041                                           
                                               
By phone:
(408) 802.9557

By e‑mail: copyright@Graspr.com                                               

Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.

Only the intellectual property rights owner is permitted to report potentially infringing items through Graspr’s reporting system set forth above.  If you are not the intellectual property rights owner, you should contact the intellectual property rights owner and they can choose whether to use the procedures set forth in these Terms.

Disclaimer of Warranties.
Your use of this Site, the Software and/or the services is at your own risk.  Neither the Materials, Submissions nor the Third Party Content have been verified or authenticated in whole or in part by Graspr, and they may include inaccuracies or typographical or other errors.  Graspr does not warrant the accuracy, timeliness, availability or adequacy of any information, facts, views, opinions, statements or recommendations contained on the Site or in the Materials, Submissions or Third Party Content.  Graspr has no liability for any errors or omissions in the Materials, Submissions and/or the Third Party Content, whether provided by Graspr or our licensors.

GRASPR, FOR ITSELF AND ITS LICENSORS, MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THIS SITE, THE SOFTWARE, THE SERVICES, ANY MATERIALS, SUBMISSIONS OR THIRD PARTY CONTENT, RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE, INCLUDING, WITHOUT LIMITATION, THE MATERIALS, THE THIRD PARTY CONTENT AND THE SUBMISSIONS OF OTHER USERS OF THIS SITE.  UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS SITE, THE SOFTWARE, THE SERVICES, THE MATERIALS, THIRD PARTY CONTENT, SUBMISSIONS AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” AND “WHERE-IS” BASIS WITH NO WARRANTY OF IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS.  GRASPR DOES NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER.

Limitation of Liability.
GRASPR SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIALS, THIRD PARTY CONTENT OR SUBMISSIONS TO OR FROM THIS SITE, INCLUDING, WITHOUT LIMTIATION, (I) ANY UNAUTHORIZED ACCESS TO OR USE OF GRASPR’S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM GRASPR’S SITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT. IN NO EVENT SHALL GRASPR BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF GRASPR KNOWS THERE IS A POSSIBILITY OF SUCH DAMAGE.  GRASPR SHALL NOT BE LIABLE FOR POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE.

No Personal Advice.

This Site and the Materials, Submissions and Third Party Content contained on this Site are available only for the purpose of providing general information on personal development and personal living.  This Site and the information and resources contained on this Site are not intended to replace or substitute for any professional advice.  Graspr make no representations and warranties and expressly disclaims any and all liability concerning actions taken by a user following the information or using the resources offered or provided on or through this Site.  If you have a situation that requires professional advice, you should consult a qualified specialist.

Local Laws; Export Control.
Graspr controls and operates this Site from its headquarters in the United States of America and the Materials, Submissions and/or Third Party Content may not be appropriate or available for use in other locations.  If you use this Site outside the United States of America, you are responsible for following applicable local laws.

Binding Arbitration.
All disputes relating in any way, directly or indirectly, to Graspr for breach of contract, breach of fiduciary duty, negligence, personal injury, intentional torts or other tort will be arbitrated according to the rules of the American Arbitration Association (AAA) in San Francisco, California, including any dispute about the scope of this arbitration agreement, and including all questions about the types of disputes that are subject to this arbitration agreement, all of which you agree will be decided by the arbitrators, whose decision will be final and binding on you.   Any issue concerning the extent to which a dispute is subject to arbitration, or concerning the applicability, interpretation or enforceability of this agreement, including any contention that all or part of this agreement is invalid or unenforceable, shall be governed by the Federal Arbitration Act and resolved by the arbitrators.  You acknowledge and agree that, in any arbitration proceeding, no depositions will be taken, and all other forms of discovery of facts will be limited to those things that the arbitrators determine, in their sole discretion, to be necessary.  Further, in any  arbitration proceeding, (i) there shall be no award of punitive, exemplary, incidental or consequential or other special damages, (ii) all damages claims and awards will be governed by the provisions of the California Civil Code, and (iii) the parties will conduct the arbitration confidentially and expeditiously and will pay their own costs and expenses of arbitration, including their own attorneys’ fees.  If you are unable to afford the AAA fee, you agree to notify all persons against whom you have an arbitrable claim and give such persons the opportunity individually and as a group to pay such fee.  The proceeding and the decision shall be kept confidential by the parties.  No claim may be brought as a class action, combined or consolidated with any other proceeding, nor may any proceeding be pursued in a representative capacity or on behalf of a class.  Neither you nor Graspr has the right to act as a class representative or class representative or participate as a member of a class of claimants with respect to any claim.   

General.
If you violate these Terms, Graspr may terminate and/or suspend your access to this Site without notice.  Graspr prefers to advise you of your inappropriate behavior and to recommend any necessary corrective action.  However, certain violations of these Terms, as determined by Graspr, may result in immediate termination of your access to this Site.  Graspr has the right to terminate any password-restricted account for any reason.  California law and controlling U.S. federal law, without regard to the choice or conflict of laws provisions, will govern these Terms.  Any disputes relating to these Terms or this Site will be heard in the state and federal courts located in Santa Clara County, California. If any of these Terms is found to be inconsistent with applicable law, then such term shall be interpreted to reflect the intentions of the parties, and no other terms will be modified.  Graspr’s failure to enforce any of these Terms is not a waiver of such term.  The Terms are the entire agreement between you and Graspr and supersede all prior or contemporaneous negotiations, discussions or agreements between you and Graspr about this Site.  The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions shall survive any termination of these Terms.

 

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